New Era In Commercial Leases

When the Turkish Code of Obligations (the "TCO") entered into force on 1 July 2012, it introduced numerous provisions in favor of lessees, similar to the pro-lessee provisions of the former Law on Real Estate Leases, without distinguishing between residential leases and workplace leases. However, upon the request of prominent investors, particularly shopping mall investors, a transition period was granted for parties of commercial leases to comply with the new provisions of the TCO. Through Provisional Article 2 of Law numbered 6217, the implementation of nine provisions of the TCO was postponed to 1 July 2020 for commercial leases.

During the transition period, parties were free to determine the matters that fell within the scope of the postponed provisions, and in the absence of relevant provisions in their agreement, the provisions of the former Code of Obligations (the "Former TCO"), former Law on Real Estate Leases as well as the established precedent of the