The Effect Of A Party's Death On Lease Agreements

1. INTRODUCTION In the event of the death of one of the parties to a lease agreement, the issue arises as to whether the lease relationship terminates automatically and, if so, how the lease agreement will be affected. Under Turkish law, the Turkish Code of Obligations explicitly regulates the effects of the tenant's death on the lease relationship. Although there is no express statutory provision addressing the consequences of the lessor's death, the Court of Cassation has developed well-established case law under the Turkish Code of Obligations regarding the fate of the lease agreement in such circumstances.

2. THE EFFECT OF THE DEATH OF THE PARTIES ON THE CONTRACT

The effect of the tenant's death on the lease agreement is expressly and separately regulated under both the general provisions on leases and the provisions governing residential and roofed workplace leases. In this context, Articles 333 and 371 of the Turkish Code of Obligations, titled "Death of the tenant," as well