HUK476

School of Law \ Law

2

4

Elective

Turkish

-

Law

This course examines the fundamental principles of lease law under the Turkish Code of Obligations (TCO), focusing on the types of lease agreements, the rights and obligations of the parties, and the termination procedures of lease contracts. The course covers the differences between ordinary leases and residential & commercial leases, rent determination and increases, grounds for eviction, judicial decisions on lease law, and current legal issues. Additionally, the development of lease law will be assessed in light of court rulings and practical challenges in legal practice.

:

İnceoğlu, M. M. Kira Hukuku (2 Cilt). On İki Levha Publishing.
Gümüş, M. A. Türk Borçlar Kanunu'na Göre Kira Sözleşmesi (TBK m.299-356). Vedat Publishing. ISBN: 9786054446490.
Gümüş, M. A. Yazılı Tahliye Taahhüdü. Yetkin Publishing. ISBN: 9786050518771.
Kılıçoğlu, A. M. Borçlar Hukuku Özel Hükümler. Yetkin Publishing. ISBN: 9789754646979.
Eren, F. Borçlar Hukuku Özel Hükümler. Yetkin Publishing. ISBN: 9789754646979.
Gümüş, M. A. Borçlar Hukuku Özel Hükümler Kısa Ders Kitabı. Beta Publishing. ISBN: 9786052424803.
Yavuz, C. Borçlar Hukuku Dersleri (Özel Hükümler). Beta Publishing. ISBN: 9786052424803.

The objective of this course is to teach students the fundamental concepts of lease law and develop their ability to analyze the legal regulations concerning the formation, operation, and termination of lease agreements. Students will learn the functioning of lease law under the Turkish Code of Obligations (TCO), conduct legal assessments based on court rulings, and follow current developments in lease law.

1. Explain the fundamental concepts of lease law and the provisions on lease agreements under the Turkish Code of Obligations (TCO).
2. Analyze the legal regulations concerning ordinary leases and residential & commercial leases.
3. Evaluate the rights and obligations of the parties in lease agreements.
4. Interpret the TCO provisions on rent determination and rent increases.
5. Examine the grounds for eviction and the termination procedures of lease agreements.
6. Conduct legal assessments on lease law based on recent court rulings.
7. Follow current developments in lease law and formulate legal interpretations accordingly.

Week 1: Introduction to Lease Law and Fundamental Concepts, Scope of lease law, Elements and legal nature of lease agreements, Key provisions on lease law in the Turkish Code of Obligations (TCO)
Week 2: Ordinary Leases vs. Residential & Commercial Leases, Differences between ordinary leases and residential & commercial leases, Formation and formal requirements of lease agreements, Brief introduction: Characteristics of agricultural (product) leases
Week 3: Rights and Obligations of Parties in Lease Agreements, Landlord’s obligations: Delivery of the leased property, liability for defects, security deposit, Tenant’s obligations: Payment of rent, duty of proper use
Week 4: Rent and Rent Increase, Determination of rent, Rent increases under TCO Article 344, The impact of inflation on rent payments
Week 5: Lease Term and Termination, Fixed-term and indefinite-term lease agreements, Automatic termination of lease agreements, Termination rights of the landlord and the tenant
Week 6: Eviction Grounds and Eviction Lawsuits, Eviction grounds under TCO Articles 347 and 350-352, Eviction based on an eviction commitment, Tenant’s default and eviction lawsuits
Week 7: Rent Claims and Enforcement Proceedings, Legal remedies for non-payment of rent, Eviction through enforcement proceedings and notice procedures
Week 8: Current Issues in Lease Law I, Lease law during the pandemic: Adaptation lawsuits and force majeure discussions, Economic crisis and rent increase disputes in light of Court of Cassation rulings
Week 9: Current Issues in Lease Law II, Rent increase limitations (2022-2024) and legal assessments, Practical challenges arising from the application of TCO Article 344
Week 10: Case Law I – Rent Determination and Adaptation Lawsuits, Rent determination lawsuits: Conditions and court rulings, Rent adaptation lawsuits and key precedents
Week 11: Case Law II – Eviction and Rent Claims, Court of Cassation rulings on eviction lawsuits, Rent claims, enforcement proceedings, and judicial decisions
Week 12: General Assessment and Reform Debates in Lease Law, Potential reforms and legislative changes in lease law, The future of lease law in Turkey and legal projections

• Midterm 40 %
• Final 60 %