Official Gazette dated 1 September · one publication
Turkish Code of Obligations No. 6098
Court of Cassation rules that superior characteristics of real estate and deposit liability must be determined in rental disputes
Decisions of the 3rd Civil Chamber of the Court of Cassation
In the decisions of the 3rd Civil Chamber of the Court of Cassation published in the Official Gazette, important evaluations were made regarding the application of the Turkish Code of Obligations (TCO) No. 6098 in cases of lease agreements and changes in ownership. The decisions emphasize that the superior characteristic of the leased property (roofed or unroofed) must be determined to establish whether it is subject to general provisions or provisions concerning residential and roofed workplaces. Furthermore, it is stated that in the event of a change in ownership, the previous landlord's obligation to return the deposit continues if they cannot prove that the deposit amount has been transferred to the new landlord.
These decisions indicate that courts must not conduct deficient investigations in rental disputes and must correctly apply the rules of proof. Although the regulation does not directly amend the text of the law, it guides the judicial interpretation of the TCO provisions. It is crucial for the relevant courts and parties to litigation to act in accordance with this jurisprudence.
Who is affected
Landlords and tenants who are parties to lease agreements, residential and commercial property owners, and relevant courts.
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