Challenges of excessive hardship on residential and roofed commercial property lease agreements on the part of the tenant

Once a valid lease agreement is established between the parties, unforeseeable and unexpected extraordinary changes may occur. As a result of these changes, the initial balance of obligations in the contract may be disrupted, or one of the parties may become unable to bear the burden to their detriment. In such a case, since it would be contrary to justice, equity, and principle of good faith for the parties to remain bound by the contract by virtue of pacta sunt servanta, it would be necessary to adapt the contract according to the changing circumstances. The doctrine of excessive hardship and adjustment, frequently encountered in practice during the period of Law No. 818 Code of Obligations, and sustained by judicial precedents, has been legalized by Article 138 of Turkish Code of Obligations No. 6098. In this study, the adaptation of the contract to changing conditions in residential and workplace leases has been evaluated by examining both doctrinal views and judicial decisions. In the first part of this study, the concepts of performance and excessive hardship are discussed along with the differences between excessive hardship and similar concepts. The second part elaborates on the concepts of residential and workplace leases and the general obligations of the lessee. In the third part of the study, the conditions of excessive hardship according to Article 331 of the Turkish Code of Obligations are explained in detail. Finally, after explaining the conditions of adaptation, the principles and theories governing adaptation, the consequences of adaptation, and the conditions and consequences of termination due to extraordinary reasons, the relationship between Article 331 and Article 138 of the Turkish Code of Obligations is examined.