After the necessary agreements are reached during the rental process of a house, a contract is signed between the landlord and the tenant, which formalizes the situation. The landlord and the tenant have some obligations in the face of this agreement. What if the tenant leaves the house while the contract is in progress? If the tenant leaves the house, will they also pay the remaining months? As the Millennium Turkey family, we have compiled the relevant details for our tenant readers who want to leave the house before the contract ends.
What is a Rental Agreement? What are the Contract Types?
A lease agreement is a written agreement between the landlord and the tenant person or institution, which includes mutual obligations. The lease agreement can be for a term or an indefinite period. If the contract, also known as the lease contract, does not contain a term, the contract is considered to be for one year.
What happens if the tenant leaves the house before the contract expires?
The tenant's termination of the contract before the expiry of the contract is divided into two as ordinary termination and extraordinary termination. The case of termination due to the fact that the reason for termination arises from the owner or tenant and makes life in the house unbearable is called extraordinary termination. Situations such as threatening the health conditions of the dwelling and the unavailability of the house give the right to unilateral termination. In this case, the tenant does not face any sanctions. In fixed-term lease agreements, if the tenant gives notice 15 days before the end of the lease agreement, the tenant may terminate the lease agreement, otherwise the contract is deemed to be extended for one more year. In the event that the tenant terminates the lease prior to the lease, the tenant has to pay early eviction compensation to the landlord. Therefore, when the tenant decides to leave the house, he should first agree with the landlord. If an agreement cannot be reached, the tenant pays the necessary compensation. So what are the possible situations and obligations in this regard?
IF THE HOUSE CANNOT BE LEASED AGAIN, DOES THE TENANT PAY COMPENSATION?
If the tenant leaves the property before the end of the contract, the property owner suffers financial loss. This damage is borne by the lessee, who is the party breaking the contract. The amount of compensation to be paid varies depending on the period during which the property can be rented again. For example; If a tenant who signed a 4-year agreement vacated the property at the end of the first year, there is no possibility that the tenant will pay 4-year rent. The rentable period of the property is determined by the expert. According to the expert, "The property can be rented within 4 months." If he says so, the compensation is paid for a maximum of 4 months.
IF THE HOUSE IS LEASED IMMEDIATELY, DOES THE TENANT PAY COMPENSATION?
In this case, the landlord does not have the right to claim compensation from the tenant in standard contracts. However, for this, the tenant must notify the landlord at least 2 months before leaving. In terms of provability, it is recommended that the notification be made in writing. If there is a clause to the contrary in the contract, the property owner has the right to demand compensation from the tenant. For example; In the contract, "If he leaves early, he will pay compensation." If there is such an item, the tenant will have to pay his rent in the months he does not live.
IS A DEPOSIT GIVEN IN CASE OF EARLY DISCHARGE?
The deposit is an amount taken in terms of returning the house as it was received or as a guarantee for the last unpaid rent. If the conditions are met, it must be returned to the tenant. Although it is not desired to be given by the hosts in case of early departure, there is no possibility of using the deposit as a withdrawal fee or penal clause.
WHAT HAPPENS IF THE RENTAL IS PAID ANNUALLY?
In case of leaving the house before the end of the lease agreement, the situation may become more difficult for the tenant if the rent is paid annually. In this case, the same provisions applied in case of non-payment shall apply. In case the tenant has to pay compensation; The remaining part of the compensation amount, and in case of non-payment, the entire rental price of the remaining months is paid back to the tenant by the property owner.
WHAT HAPPENS IF THE HOST DOESN'T RECEIVE THE KEYS?
The keys must be handed over to the landlord. Otherwise, the lease agreement is considered to be continuing. If the landlord says that the lease term in the contract has not expired, therefore he cannot receive the key, the situation should be reported to the magistrate's court and delivered to the place specified by the judge.