Rental agreement turn key

The fact that the tenant has actually vacated the rented property does not mean that the rented property has been evacuated. In order to be able to talk about a proper eviction, the tenant must have handed over the keys to the lessor. This situation should be recorded when the key is handed over. Otherwise, various proof problems will arise for the tenant, as we will explain below. As a matter of fact, the lease agreement ends with key delivery.

TURN-KEY REPORT

As we briefly mentioned above, the tenant will be able to easily prove that he handed over the keys by preparing a key delivery report with the lessor on the date of evacuation of the rented property. Once the key delivery report is signed, the tenant is deemed to have evacuated the rented property and his/her obligations end.

LESSOR FAILURE TO RECEIVE THE KEYS

In some cases, the lessor may refrain from receiving the key. However, in accordance with the obligation to return the rented property, the tenant must deliver it. In such cases, there are two ways the tenant can follow;

1- If the lessor refuses to take the key, the tenant may ask the court to appoint a depository place for the delivery of the key. After the deposit location is determined, the tenant must deliver the key to this place and notify the lessor of the situation. The tenant's obligation to return the rented property ends with this notification. If these procedures are not carried out, the tenant's debt will continue.

2- The tenant can notify the lessor of the situation by handing over the key of the immovable property to the notary. In this case, the eviction date is taken as the date on which the notice reaches the lessor.

TURN-KEY PROOF

We have stated that the easiest way for the tenant to prove the fact of key delivery is to prepare a key delivery report. However, in some cases, this report may not have been prepared. In such cases, proof of turnkey delivery is made within the framework of the Code of Civil Procedure. As it is known, according to the Civil Code, disputes over a certain amount can only be proven with a promissory note. This limit changes every year and has been determined as 4480 TL for 2020. If the annual rental fee is above the proof limit with a promissory note, the tenant can only prove that he handed over the key with written evidence.

As a matter of fact, the Supreme Court stated on the subject: "Although the delivery of the key to the lessor is a material fact included in the legal transaction, it has a legal consequence for the termination of the contract, the issue of how this will be proven should be evaluated within the framework of Articles 200 and 201 of Civil Code No. 6100, which came into force on 1.10.2011, based on the amount of the annual rental fee. In other words, annual rent "If the amount of the fee is above the limit of proof with a promissory note and there is no express consent of the lessor, this aspect can only be proven by the tenant with written evidence; witnesses cannot be heard. If the tenant cannot prove with written evidence that he has delivered the key, the immovable property will be deemed to have been evacuated on the date specified by the lessor in terms of the delivery date. The tenant will continue to be responsible for the rents committed until this date and will have to pay the rent amounts." There is an ijtihad in the form of: Established jurisprudence is also in the same direction.

In another Supreme Court decision;

"If the date of eviction is disputed between the parties; the tenant has the burden of proving that the leased property was actually vacated and the keys were handed over, thus the lease relationship was legally terminated on the date claimed by him. If the tenant cannot prove that he evicted the leased property on the date claimed by him, the eviction date reported by the lessor should be respected." Expressions are used.

TENANT FAILURE TO SURRENDER THE KEYS

If the tenant does not hand over the key or cannot prove that he handed over the key, the eviction will be deemed not to have taken place. Therefore, the tenant will remain under the obligation to pay rent as if the lease agreement had not expired. According to a decision of the 3rd Civil Chamber of the Supreme Court of Appeals dated 2019; "If the tenant cannot prove with written evidence that he has handed over the key, he will not be deemed to have evacuated the rented property. We have stated that in this case, the date specified by the lessor will be respected." His statements are included.

There are two situations when the tenant does not hand over the keys and vacates the rented property early. First of all, the tenant must pay the rent debt by the key delivery date. After the delivery of the keys, the rent payment obligation continues until a reasonable date when the leased property can be rented again.

As a matter of fact, in a decision dated 07.07.2020, the 3rd Civil Chamber of the Supreme Court of Appeals stated this situation as follows: "In case the tenant evacuates the leased property early without complying with the contract period or termination period; as a rule, according to Article 325 of the Turkish Code of Obligations, he is responsible for the rent until the key delivery date, and from the key delivery date, he is responsible for the rent for a reasonable period during which the leased property can be rented under the same conditions. However, with the reference to Article 112 of the TCO, the same law refers In accordance with Article 52, the lessor must make an effort to re-lease this place and thus do his part to prevent the damage from increasing. In this case, the lessor's loss consists of the rent for the period the leased property remained vacant from the date of eviction until the date when it can be rented again under the same conditions. He stated it with his expressions.