Categories: General

Does The Tenant Have To Paint The House He / She Rents When He / She Leaves the House ?

334 of the Turkish Code of Obligations No. 6098 entitled “Return of the Leased Property”. in accordance with the clause, the lessee is obliged to give the lessee back at the end of the lease agreement, in whatever case the lessee has taken delivery. However, the lessee is not responsible for the obsolescence and deterioration of the lessee due to the use in accordance with the contract. The text of the article is often misinterpreted as being that the tenant is under an obligation to deliver the house he / she received as painted. Wear and tear from the usual use are inevitable. Therefore, it is a very natural situation to wear the paint from the use of the rented one.Contrary to popular belief, the lessee has no obligation to repaint and deliver the material, unless there is a contempt. Article 2. in the paragraph of this agreement, it is invalid that the lessee undertakes in advance that he will pay any compensation other than to remove any damages arising out of the breach of contract if the contract expires. includes the provision. What should be understood from here is that the provisions of the contract which stipulate otherwise will be invalid. Therefore, the provisions of the contract, for example “painted delivered-painted shall be delivered” or “paint price shall be deducted from the deposit” TBK 334.Article 2.the clause is invalid. In the use of contempt by the lessor (contrary to the contract), the situation would differ. 335 Of The Turkish Code Of Obligations No. 6098. the article is entitled review of the tenant and notify the tenant,”.. the lessor has to review the situation of the lessor at the time of return and inform him immediately in writing of the deficiencies and Omissions to which the lessor is responsible. If this notification is not made, the tenant shall be relieved of any liability. However, in the event of deficiencies and defects which cannot be determined by ordinary examination at the time of delivery, the liability of the lessee shall continue. When the lessor identifies such deficiencies and Omissions, he / she must immediately notify the lessor in writing.”the provision is contained in. As can be seen in the text of the article, no concrete period has been prescribed for written notification. This period will be appreciated according to the nature and magnitude of the hire and the use of contempt.

Aşıkoğlu Law Office

Recent Posts

A CLAIM FOR COMPENSATION UNDER THE WORKPLACE INSURANCE POLICY, WHICH ALSO INCLUDES EARTHQUAKE COVERAGE

17. Law Office 2018/1547 E. , 2018/12611 K. “text of jurisprudence” COURT : Court of…

2 years ago

REQUEST FOR DETERMINATION OF EVIDENCE AND DECISION

ARTICLE 402 OF THE CCP (1) The request for the determination of evidence shall be…

2 years ago

DETERMINATION OF EVIDENCE WITHIN THE SCOPE OF HMK

ARTICLE 400 OF THE Civil Procedure Code (1) Each of the Parties may request that…

2 years ago

CHILDREN RECEIVE COMPENSATION FOR DEPRIVATION OF SUPPORT DUE TO PARENTS

SUPPORT OF PARENTS TO THEIR CHILDREN 1- GENERAL RULE According to the decisions of the…

2 years ago

COUNCIL OF STATE DECISION ON EARTHQUAKE INSURANCE

11. Apartment 2001/2549 E. , 2005/183 K . “text of jurisprudence” T.C. COUNCIL OF STATE…

2 years ago

COMPENSATION LAWSUIT FOR DAMAGE CAUSED BY THE EARTHQUAKE

17. Law Office 2016/11461 E. , 2019/7615 K. “text of jurisprudence” COURT : Court of…

2 years ago