03 Feb If The Tenant Leaves Early, Can The Landlord Receive The Remaining Rent?
In the event that the tenant unilaterally terminates the lease before the end of the lease period, the tenant is obliged to pay the damage suffered by the landlord until the end of the lease period.
The loss of the landlord consists of the rent money from the date of release until the date on which the lessor can be leased again under the same conditions.
The evacuation of the house is not sufficient in order for the tenant to be considered evacuated; the key must also be delivered to the landlord.
If the evacuation date is controversial between the parties, the tenant has the obligation to prove that the tenant has actually been evacuated and that the key has been delivered so that the lease relationship is legally terminated at the date put forward by him.
If the tenant cannot prove that he has evacuated the tenant on the date on which he imposes the lease, the house is considered to have been evacuated on the date of eviction reported by the landlord.
The house is counted in the use of the tenant unless the key is delivered. The relevant law is as follows;
Article 324 and 325 of the Code of Obligations;
IV.
1.Generally
ARTICLE 324- The tenant is obliged to pay the rent even if it is used for a reason due to the tenant or if it is used in limited manner as long as it is available for use. In this case, the expenses of the lessor shall be deducted from the rent.
2. Return of the landlord before the end of the contract
ARTICLE 325- If the tenant gives back the renter without complying with the term of the contract or termination period, the debts arising from the lease shall continue for a reasonable period during which the lessee may be leased on similar terms. In case the tenant finds a new tenant who has the power to pay and is ready to take over the lease relationship, the tenant’s debts arising from the lease shall terminate. The lessor is obliged to deduct the benefits that he / she has avoided by using the renter by other means or by deliberately avoiding from obtaining the rent.
6. CIVIL DEPARTMENT 2015/7730 E., 2016/3349 K.
”The text of the case-law“
COURT: Magistrates’ Court
The decision on the annulment of the date and number written objection given by the local court has been appealed by the plaintiff-k.davalı and the defendant-defendant within the term and all the papers in the file were read and discussed.
The original case; The cancellation of the objection by the tenant by the tenant for the cancellation of the deposit fee; lease. With the partial adoption of the original case, the court decided to cancel the objection over 1.600,00 TL, with the partial acceptance of the counterclaim, and the collection of TL 2.120,08 of the receivable. .
The claimant / the defendant attorney in the original case petition; According to the contract, the contractor is hired by his client with the lease agreement dated 01/10/2010 and has a one-year term. In accordance with the contract, he is paid to the defendant by his client for a total of 8,750,00 TL in advance. / 10/2010 with the date of the lease contract terminated, the claimant on 22/01/2012 that the owner of the lease again, the client demanded the return of the deposit fee of the defendant’s e-mail address by sending an e-mail to the warming and subscription fee after the cost of the extra fee paid 1.600, 00 TL 20/04/2011 on the promise of paying, but did not make any payment, so his client against the defendant in the pursuit of ilamsiz follow, defending the debtor and the authority to unjustly objected to the debt and cancellation of the objection to be sentenced to denial for execution, not to be lower than 40%, to be decided to pay the charges of judicial expense and attorney’s fee to the other party.
In the petition against the defendant / counter-claimant and the petition for reply; in the article 2 of the hand written contract dated 01/10/2010, which is an attachment of the lease, that the claimant unfairly terminates the tenancy agreement; In the case of early release, the tenant must be paid by the lessee and the parties have added the penalty for the expiry between them, even though he has made every effort to rent out his house and prevent the damages the defendant will face, 7,000.00 TL of property loss due to the last 4 months of the lease loss, the client’s immovable property of only 1.700,00 TL leased, the tenant can find the date of the contract for 1 year from the date of the expiry of 01/10/2011 the monthly difference of 50,00 TL for the period of 500,00 TL is to be paid to the client by the plaintiff-counter defendant in total, and 200,00 TL per month and 120,00 TL per month. The remaining 4 months from 1.280.0 The amount of TL 0 has to be paid by the client due to unfair termination of the plaintiff, this amount is to be paid by the tenant, should be paid to the client, 7.000,00 TL rent price, 500.00 TL annual rent difference and 1.280,00 TL 4 as the monthly fee and fuel cost of the client’s total 8.750,00 TL receivable, that the plaintiff has paid in conjunction with the rental agreement with the 5-month rental fee of 8.750,00 TL, the plaintiffs will take the plaintiff’s right to clear the rights of the plaintiff to pay them, the claimant against the client of the defendant, initiated by the Istanbul 19 Directorate of Administrative Affairs No. 2012/467 the file carried out in the file no. requested the cancellation of the interest item operated against the client and the determination of the legal expenses and attorney’s fee to the other party.
1- When the appeal objections of the plaintiff and the defendant’s attorney are examined; Article 42 of the Law No. 5222 and Article 41 of Law No. 5236 of 22 June 2004 on the date of 21.07.2004 of the Law no. in accordance with the revaluation rate and the decision of the Supreme Court of Appeals General Assembly of 02.03.2005 and 9-82 on the basis of the decision no. ;
2. According to the scope of the file, the evidence gathered, the fact that the existing evidence was decided by the court and if there was no insult, the appeals of the plaintiff and the defendant were excluded from the scope of the following subparagraph.
3- There is no dispute between the parties that the monthly rental fee is 1.750,00 TL with the rental agreement dated 01/10/2010 and one year period, the rent amounting to 5.250,00 TL for three months is paid in advance and the deposit value of 3.500,00 TL is given.
In article 13 of the special conditions of the lease agreement; It is arranged that the tenant will remove any loss and damage that may arise in the evacuation of the apartment from the deposit and that the deposit already accepted by the tenant if the deposit does not meet the damages and damages. Article 2 of the additional contract for the lease contract; It was decided that the tenant would be able to evacuate the tenant before the date of 01/10/2011 and that the tenant would have to pay an annual rent in case of early release. On 18/10/2010, the tenant issued a notice of cancellation of the tenancy agreement and promised to the lessor on 2 October 2010.
In order for the leaseholder to be deemed to have been evacuated, it is not enough to defer the rented; the key must also be delivered to the lessor. The tenant’s obligation to prove that the date of eviction notified by the lessee is not accepted by the lessor, in other words, if the date of evacuation is contested between the parties, the renter has actually been evacuated and the key has been delivered so that the lease relationship is legally terminated at the date put forward by him. If the tenant cannot prove that he has evacuated the lessee at the date he proposed, the lessor’s date of release should be respected. Unless the key is delivered, it is necessary to accept that the tenant is in the use of the tenant. The tenant is liable to pay the rent for the period of the rented property. For this reason, first of all, the court should collect the evidence of the party against the turnkey date and determine the rent debt until the turnkey date of the defendant. On the other hand, in the event that the tenant unilaterally terminates the lease without unilaterally terminating the lease term, the lessee is obliged to pay all the damage suffered by the lessor until the end of the lease term.
However, pursuant to Article 114 of TBK no. 6098, the lessor should not cause an increase in the loss in accordance with Article 52 of the same Law. This is in Article 325 of the Turkish Code of Obligations No. 6098: If the tenant returns the renter without complying with the term of the contract or termination period, the debts arising from the lease are stipulated for a reasonable period of time during which the lessor can be leased on similar terms. In this case, the plaintiff’s damage consists of rent money from the date of its release until the date on which the lessor can be re-rented under the same conditions.
However, the parties have determined this period as three months by the second contract of the lease agreement. The balance of the amount of the rental fee to be paid by the court and the balance between the amount of 5.250, 00 TL paid in advance by the defendant tenant for the reasonable period due to the early evacuation due to the three months’ early release from the turnkey date and the remaining balance except the amount accepted in the original case according to the result 1.900,00 TL deposit should be decided with the disbursement of the 3-month 21-day early due to the early evacuation of the tenant due to the reasonable amount of the rental fee to be held liable and only the requested cost of 1.600, 00 TL deposit is accepted as a written decision is not true. The provision must therefore be broken.
CONCLUSION: For the reasons explained above (1) above, the plaintiff and defendant deputy’s appeal objections to the original case are rejected by the applicant and the defendant. Article 428 of the HUMK in accordance with the provision of the provision in accordance with the provision, the appeals of the appeal fee received in advance if requested, the decision on 25.04.2016 was decided unanimously.
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