Master'sOpen Access

The termination of the contracts regarding residence and workplace leases due to the reasons arising from tenant

2020
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Advisor: Prof. Dr. Cemal Oğuz

Abstract (EN)

In accordance with the article 299 of the Turkish Code of Obligations, lease contract is a type of contract that the Lessor leases a property to use or using it with its benefits for the Lessee, and the Lessee claims responsibility for paying the lease amount that is determined in return. Within the framework of this definition, residential and roofed workplace lease contracts that the individual have made in order to meet their basic needs and instinct of housing and protection is quite essential. The importance of the residential and roofed workplace lease contracts has also resulted for this area to have various disputes at the same time. For this reason, in our thesis, the termination of the lease contract by reasons that are originating from the Lessee has been evaluated. Residential and roofed workplace lease contracts are included in the second division of the fourth section of the Turkish Code of Obligations. The terms of termination of the residential and the workplace lease contracts are stated between the articles 347 to 352 of the Code of Obligations The subject of our thesis, the termination of the lease contract by reasons that are originating from the Lessee is regulated under article 352 of the Code of Obligations and the lawmaker had been determined three reasons for such termination. These are termination of the lease contract arising from the commitment of the evacuation, termination of the lease after submission of two justified notifications and lessee or his or her spouse having another residence within the same municipal borders suitable for habitation. Thes reasons were examined in the light of the decisions of the Supreme Court along with the submission of the different opinions that are included in the doctrine.

Author

Merve Kaya

How to Cite

Merve Kaya (Master Thesis). The termination of the contracts regarding residence and workplace leases due to the reasons arising from tenant, 2020, Çankaya University.

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