Lease agreements are contracts that require the tenant to use a property and pay the rent in return. However, in case of transfer of the rented real estate, the rights and responsibilities of the new owner and tenant are determined by certain legal regulations.

According to Article 310 of the Turkish Code of Obligations, if the owner of the rented property changes, the new owner automatically becomes a party to the lease agreement. In this case, the old lease agreement continues with the new owner and the new owner takes over all the rights and obligations of the old owner. This means transferring the lease through succession.

According to the decisions of the Supreme Court, the new owner is considered the successor of the lease agreement made with the previous owner and all provisions of the agreement are binding on the new owner. In this context, the provisions of the contract concluded between the tenant and the old owner are also valid for the new owner.

With the transfer of the leased property, the tenant’s obligation to pay the rent continues. The tenant is responsible to the old owner for the rent debts before the transfer, and to the new owner after the transfer date. In other words, the transfer of the rented property does not affect the tenant’s rent debts.

After the new owner takes over the rented property, he can send a notice to the tenant informing him that rent payments must now be made to him. However, even in this case, the tenant’s contractual rights and obligations do not change.

Article 351 of the Turkish Code of Obligations grants certain rights to the new owner who requests the evacuation of the leased property due to housing or workplace needs. However, the request for release must be made in writing and result in a court decision. In order to protect the tenant, the eviction request is evaluated depending on the reality and justification of the need.

In addition, if the new owner is obliged to use the leased property due to residential or business needs, he can terminate the lease agreement under certain conditions. However, in this case, the tenant’s rights should be taken into account and a fair solution should be provided.

As a result, in case of transfer of the leased real estate, the rights and responsibilities of the new owner and tenant are subject to certain legal regulations. The new owner is considered the successor of the lease agreement with the previous owner and is bound by all provisions of the agreement. However, the new owner has the right to terminate the lease in certain cases, but the tenant’s rights must be taken into account when exercising this right.

Questions fréquemment posées

What are the rights of the tenant when the house changes hands?

When a rented house changes hands, the tenants rights generally include the continuation of the lease, the right to a relationship with the new owner on the same terms, protection against eviction claims, and the right to seek compensation if necessary. In order to protect the rights of the tenant, it is important to pay attention to the provisions of the Turkish Code of Obligations and other relevant legislation.

What is the effect of the lease change on the lease agreement?

Changing hands of the leased property may have various effects on the lease agreement. Generally, the change of ownership of the leased property does not affect the continuation of the existing lease agreement. That is, the new owner does not have to accept the terms of the lease and is obliged to establish a relationship with the existing tenant on the same terms. However, in some cases, the new owner or tenant may wish to follow legal procedures for ending the lease or enter into a new lease. Therefore, in case the leased property changes hands, the rights and obligations of the parties are determined according to the relevant legal regulations and the terms of the lease agreement.

Can the new owner renew the lease?

In Turkey, lease agreements and relations between the tenant and the owner are regulated by the Turkish Code of Obligations, which came into force in 2005. In Turkey, if the leased property changes hands, an owner generally takes over the existing lease agreement and the relationship with the tenant continues under the same conditions. When the new owner wants to renew the existing lease, this is usually possible, but in some cases the tenant’s consent or certain legal procedures may be required. In Turkey, the renewal of lease agreements and the rights and obligations between the tenant and the owner are shaped according to the provisions specified in the Turkish Code of Obligations. In this context, details regarding the rights and responsibilities of the parties are included in the Turkish Code of Obligations and other relevant legal regulations.

Will the rental agreement be canceled if the landlord changes?

When the owner of the leased property changes, the lease generally does not terminate or be canceled automatically. The new owner takes over the existing lease agreement and the relationship with the tenant continues under the same conditions. However, in some cases, the new owner or tenant may want to terminate or change the contract. In this case, it may be necessary to comply with the procedures specified in the Turkish Code of Obligations and it may be necessary to reach an agreement between the parties or to take legal action.

Is the new owner allowed to increase the rent?

The new landlord can usually increase the rent. However, any increase in the rental price must comply with specific procedures and legal limitations outlined in the Turkish Code of Obligations.. For example, rent increases can usually be made for certain periods of time or under certain conditions specified in the lease agreement. Moreover, any increase in the rental price must comply with legal regulations to ensure it does not surpass the rates stipulated by law and to safeguard the rights of the tenant. It is advisable to seek comprehensive information and legal advice before increasing the rent to ensure compliance with tenant rights and legal requirements.

Is the new owner bound by the old lease?

Article 310 of the Turkish Code of Obligations states that if the leased property changes hands for any reason after the establishment of the lease agreement, the new owner becomes a party to the lease agreement. In this case, the new owner is bound by the terms of the existing lease and takes over the relationship with the tenant. The new owner has rights and obligations according to the terms of the lease.

Last Words

In conclusion, Article 310 of the Turkish Code of Obligations makes the new owner a party to the lease agreement in case of a change in the leased property. This provision ensures the continuation of the existing lease agreement while determining the relationship between the tenant and the new owner. Therefore, in the event of a change in the leased property, the new owner replaces the previous owner and becomes one of the parties to the lease agreement. Consequently, depending on the provisions and conditions of the lease agreement, the relationship between the new owner and the tenant continues.