Termination of contracts in Turkey

What does the termination of contracts in Turkey mean? The termination of the contract in Turkey means the dissolution of the bond that brings together two contracting persons, and the removal and erasure of all the consequences of that, according to this contract they do not return as they were, the reasons for the termination of contracts in Turkey are many and varied. This article.

 Types of contract termination in Turkey

  1. Judicial rescission, which means, the contract in which the two parties did not expressly stipulate that the termination be made, which compels the party affected by the continuation of this contract to resort to the judiciary to rule on this matter, either the contract is rescinded, or the second party is bound by the agreed agreement in the contract.
  2. Termination of my agreement, and this means that the contract in which the two parties stipulate that it be rescinded according to considerations determined by the parties, and this rescission is by agreement of the parties without resorting to the judiciary.
  3.  Legal termination is the termination of a contract in which the two parties commit themselves to specific things stipulated in the contract, and as soon as a defect occurs in one of these obligations, the need to terminate the contract between the parties

 

 What contracts can be terminated?

 The contracts subject to rescission are contracts in which two parties are bound by specific obligations stipulated in the contract, and contracts that are one-sided in which rescission does not occur, but are there conditions for rescinding contracts in Turkey? This is what we will learn about with you in the next paragraph through a company Fanar.

 What are the terms of contract termination in Turkey?

 Termination of contracts in Turkey must have conditions, the most important of which are the following:

  1. The contract must be binding on both parties (opposition contracts).
  2.  It must be proven that one of the signatories to a contract has breached the terms and has not complied with the terms stipulated in the contract.
  3.  That the person who wants the annulment be sound in terms of implementing everything that falls on his shoulders in the contract.

 

As soon as the contract is terminated, all the effects that the contract required to be available cease. In this case, the parties return to the state they were in before the contract. If this is not possible, compensation must be paid.

 

Termination of the lease contract

Rescission of contracts in Turkey. The issues of rescission of contracts in Turkey are due to several reasons, but there is a certain type of common contracts, which are rental contracts, which is the contract in which the property owner pledges to provide his property to the tenant for the purpose of benefiting from it in return for paying a monthly amount of money renting the agreed-upon property The lease contract can be signed for a fixed or indefinite period.

 

Reasons for canceling the rental contract in Turkey

  1. Cancellation of the lease contract due to defects in the property, when providing the property to the tenant, it is stipulated that the property is in suitable conditions for use, and the tenant has the right to ask the landlord to repair the defect (if any) within the appropriate time.

 

 If the landlord fails to fix the defect within the time limit, the tenant has the right to repair it and deduct the expenses incurred from the property rent, and the tenant can also request to move to another property without defects.

If the defects found prevent or impede the comfortable use of the property in any way, the tenant can terminate the contract

  1.  Termination of the lease due to a breach by the tenant of the contract, if the tenant fails to pay rent or other expenses in accordance with the tenancy agreement, the lessor may notify the tenant of the specified payment date in writing to warn the tenant not to pay within this time limit and to terminate the contract.

 It should be noted that the minimum period granted to tenants is ten days for residential properties, for workplaces (office - laboratory - workshop ...), work begins at the time from the date of the tenant's receipt of the written notification.

 

  1.  Neglecting the tenant responsible for using the property carefully According to the rental agreement, tenants must respect the neighbors who live in the same building, if the tenant violates the regulations mentioned in the contract, the landlord can warn him in writing to stop the violation and give him a period of at least 30 days, otherwise the lease can be terminated.

 If the tenant causes serious and intentional damage to the property, or if the tenant’s behavior appears unacceptable by the landlord or neighbors living in the area, the landlord has the right to terminate the contract immediately without delay.

 

  1. Contracts are terminated in Turkey for emergency reasons. If there is an emergency reason, the contract can be terminated at any time while adhering to the legal deadline for the termination notice. Termination of the contract for emergency reasons, such as the death or bankruptcy of the tenant, is of course one of the reasons for invalidating the lease. 
  2.  Termination of contracts in Turkey by notification, the lease contract can be terminated by written notification. In a fixed-term lease, only the tenant can terminate the contract, if the tenant does not notify the landlord in writing of termination at least 15 days before the specified period of the contract, the lease agreement will be automatically extended on the same terms for one year.

 In an unlimited tenancy contract, the tenant can terminate the contract at any time, but in this case, the landlord has the right to terminate the contract after ten years, provided that a written termination notice is attached in accordance with the general regulations.

  1.  Termination of the rental contract in Turkey by litigation In the following cases, the owner can terminate the contract by filing a lawsuit, if the property owner, his wife, parents, grandchildren or any person legally obligated to take care of them needs to use the property as a residence or workplace.

 In the event that the landlord needs to renovate or change the house and the tenant cannot use the property during the repairs, the landlord can terminate the tenancy contract within six months from the start of owning the property by way of a lawsuit, until the tenant is informed of the matter.

 Termination of contracts in Turkey - employment contracts

 Other contracts that are terminated on terms other than the lease contract are employment contracts where there are two ways to terminate the employment contract:

  1.  Rescinding the work contract within a specified period, as the employer or the employee must notify people of the termination of the contract before the termination mentioned in the schedule, and this is in work contracts for an unlimited period.
  2. According to the justifications in force and explained in the Labor Law, it includes that in the event of a desire to terminate the contract before the expiry of the mentioned period, it must be reminded of that, and justifications such as:

Health reasons

Death . _

Compelling reasons  .

  In the event of contract termination in Turkey, the employer must pay compensation to people who wish to leave work with the obligation to inform and report, and these compensations are estimated at 30 days' wages for each year the employee has spent as of the date of the beginning of the work contract.

 

There are other justifications forcing employees to terminate the contract, the most important of which are:

Joining the military service .

Desire to leave work in order to retire.

Desire to quit the job because of getting married.

 

In this article, we provided you through Al-Fanar Company with important information about the termination of contracts in Turkey, the conditions for rescinding contracts in Turkey and the types of contracts and others.