Special Grounds For Termination Of Lease Agreements For Residential And Roofed Workplaces
Through Notification
Pursuant to Article 347 of the TCO, in residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the expiration of the term of a fixed-term contract, the contract is deemed to be extended for one year with the same conditions. The lessor cannot terminate the contract based on the expiration of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that the lessor gives notice at least three months before the end of each extension year following this period.
In indefinite-term lease agreements, the lessee may terminate the agreement at any time, and the lessor may terminate the agreement with a notice of termination according to the general provisions after ten years from the beginning of the lease.
In cases where the right of termination can be exercised according to general provisions, the lessor or the lessee may terminate the agreement.
The validity of the termination notice in residential and roofed workplace leases depends on the written notice.
In immovables leased for use as a family residence, the lessee cannot terminate the lease agreement without the express consent of his spouse. If it is not possible to obtain this consent or if the spouse refrains from giving his/her consent without a justified reason, the lessee may ask the judge to make a decision on this matter. In the event that the non-tenant spouse becomes a party to the lease agreement by notifying the lessor, the lessor is obliged to notify the lessee and the spouse separately of the termination notice and a payment period subject to the termination notice.
Through Litigation
For reasons arising from the lessor
Need, reconstruction and reconstruction
The lessor may conclude the lease agreement
If the lessor is obliged to use the leased property for himself/herself, his/her spouse, his/her children, his/her descendants, his/her ascendants or other persons he/she is legally obliged to take care of due to the need for a residence or a workplace,
If it is necessary to repair, extend or change the lease for the purpose of reconstruction or reconstruction, and if it is impossible to use the lease during these works, it may terminate the lease with a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods foreseen for the termination notice in accordance with the general provisions regarding the termination period and the termination notice in case of indefinite term contracts.
Eviction lawsuits to be filed due to the reconstruction or reconstruction of the leased property must be filed within 1 month from the end of this period if it is a fixed-term lease agreement, or within 1 month from the termination period and notification period to be determined in accordance with the general provisions if it is an indefinite-term agreement, and these periods are considered ex officio.
Requirements of the new owner
If the person who subsequently acquires the leased property is obliged to use the leased property due to the need for housing or workplace for himself/herself, his/her spouse, his/her spouse, his/her descendants, his/her ascendants or other persons who are legally dependent on him/her, he/she may terminate the lease agreement with a lawsuit to be filed after six months, provided that he/she notifies the lessee in writing within one month starting from the date of acquisition.
The person who subsequently acquires the leased property may, if he wishes, exercise his right to terminate the contract due to necessity by filing a lawsuit within one month starting from the end of the contract period
For reasons arising from the tenant
Eviction Notice
If the lessee has undertaken in writing to vacate the leased premises on a certain date after the delivery of the leased premises, but has not vacated the leased premises, the lessor may terminate the lease agreement by applying for execution or filing a lawsuit within one month starting from this date.
Two Justified Warnings
If the lessee has caused two justified notices to be given to him/her in writing for not paying the rent within the lease period in lease agreements with a term of less than one year, or within one lease year or a period exceeding one lease year in lease agreements with a term of one year or more, the lessor may terminate the lease agreement through a lawsuit within one month starting from the end of the lease period and the lease year in which the notices were made in leases with a term of more than one year.
Becoming a Home Owner
In the event that the lessee or his/her spouse has a dwelling suitable for residence within the municipal boundaries of the same district or town, the lessor may terminate the contract through a lawsuit within one month starting from the end of the contract, if he/she did not know this during the establishment of the lease agreement.
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