COVID-19: About The Failure To Pay The Rent Of The Workplace
The Bag Law was adopted in the parliament on 25.03.2020 in order to prevent the loss of rights in the judiciary due to the COVID-19 epidemic disease spread throughout the world and in our country . A significant amendment has been made in the temporary article of the mentioned law regarding workplace rent payments that concern business owners.
Law on the Amendment of Some Laws No. 7226 adopted in the Turkish Grand National Assembly, dated 25.03.2020 PROVISIONAL ARTICLE 2 - (1) “ Termination of the rental contract to be processed from 1/3/2020 until 30/6/2020 and evacuation it does not constitute the reason. In this extraordinary situation in accordance with ”, it is guaranteed that the lease contracts will not be terminated and the workplaces will not be evacuated if the business owners cannot pay the possible rental price within the specified date intervals.
This measure was taken to alleviate the problems regarding the economic effects of measures taken across the country within the scope of combating the COVID-19 pandemic, and the Turkish Law of Obligations numbered 6098 (" LAW ") , whose legal basis for rental agreements is the basis for rent disputes .
“ARTICLE 138- An extraordinary situation that is not foreseen and expected to be predicted by the parties at the time of the contract arises due to a reason that does not arise from the borrower, and at the time of the contract, it changes the existing facts against the borrower to the extent that it contradicts the rules of honesty, and the borrower has not yet performed its debt, In case of fulfilling the rights arising from excessive difficulty, the borrower has the right to ask the judge to adapt the contract to the new conditions and to return from the contract if this is not possible. In permanent performance contracts, the borrower uses the right of termination as a rule instead of the right to return. ”
Within the framework of the mentioned provision, the contract parties have the right to adapt as a result of negative results. Accordingly, the “ situation arising due to an extraordinary, debtor-free reason that is not foreseen and expected to be predicted by the parties at the time of the contract ” mentioned in the relevant law article is the epidemic disease of COVID-19 , which is the reason for the publication of the whole world and our country, and the economic condition of this disease. are the effects on life.
In this case, if the lessee does not pay, the rightful warning application, which is entitled in accordance with the second paragraph of Article 352 of the LAW, will not be possible in our opinion between these dates. However, there is no clarity on when unpaid rents should be paid. In this case, it will be possible to make an adaptation request according to the changing conditions within the scope of Article 138 mentioned above.