INTRODUCTION
Natural disasters such as earthquakes not only cause serious loss of life and property, but also have a profound impact on social and economic life. One of these effects is the legal problems arising in lease relations. The total or partial unusability of the leased immovable property as a result of the disaster makes it obligatory to re-evaluate the contractual obligations arising between the parties. At this point, the Turkish Code of Obligations No. 6098 ("TCO") provides various provisions to protect the balance of rights and obligations between the lessee and the lessor. Especially within the framework of concepts such as force majeure and impossibility of performance, legal possibilities such as the fate of the tenant's contractual obligations, adaptation of the rental price or termination of the contract come to the agenda.
In this article, the impact of natural disasters on lease agreements will be discussed in the light of the provisions of the TCO, and possible solutions will be discussed in line with judicial decisions and doctrinal opinions.
A. RIGHT TO A REDUCTION IN THE RENT OR TERMINATION OF THE CONTRACT
Unforeseeable and unavoidable natural disasters, such as earthquakes, have significant legal consequences affecting both the lessee and the lessor in terms of lease agreements. In this context, Art. 301 et seq. of the TCO regulates the rights of the lessee in the event that the leased immovable becomes completely or partially unusable. If the leased immovable is completely destroyed as a result of an earthquake or is no longer usable due to serious structural damage, the performance of this obligation becomes impossible. In this case, either the contract automatically terminates or the lessee has the right to terminate the contract due to the disappearance of the subject matter of the contract. In such a case, the rent cannot be demanded from the lessee, and if the payment has been made in advance, the refund of the amount paid may be brought to the agenda.
In cases where the immovable property is only partially damaged, i.e. the use is not completely prevented, Article 305 of the TCO comes into effect. According to this provision, the lessee has the right to request a reduction in the rental fee in proportion to the area he cannot use. If the damage seriously reduces the benefit that the lessee expects from the immovable or significantly prevents its use, the lessee may terminate the contract for just cause.
B. LIABILITY FOR DEFECTS AND THE TENANT'S OBLIGATION TO NOTIFY
Such changes arising in the lease agreement as a result of the earthquake raise not only problems regarding the rental price, but also deficiencies and defects arising from the physical condition of the immovable. In such cases, damages to the leased immovable or deficiencies that prevent its intended use may be considered as "defects". Article 304 et seq. of the TCO regulates the rights of the lessee in this case.
The lessee is obliged to notify the lessor immediately upon learning of the defect in the immovable property. This notification is important for the lessee not to lose his rights. Even if the lessor is not at fault, if the lessee fails to use the immovable property as intended, the lessor's repair obligation arises.
If the lessor fails to make the necessary repairs within a reasonable period of time despite the notification, the lessee is entitled to various optional rights under the TCO.
- The right to request a reduction in the rent: As long as the defects in the use of the leased property persist, the lessee may request a reduction in the rental price in proportion to the part of the lease that he cannot actually use. This reduction right covers the period in which the defect is effective.
- Right to terminate the contract: If the defect significantly prevents the use of the leased property and eliminates the benefit that the lessee expects from the immovable property, the lessee may terminate the contract for just cause. In this case, the lessee cannot be held responsible for the rent debt after the eviction date.
- The right to make the repair himself and claim the cost from the lessor: In the event that the lessor is passive in eliminating the defect, the lessee may carry out the repair of the immovable property with his own means and demand the reimbursement of the expenses incurred from the lessor. These expenses are generally considered as mandatory expenses to protect the value of the leased property.
While the concept of defect is of great importance in terms of the continuation of the lease agreement, the total or partial evacuation of the leased premises may also come to the agenda after major disasters such as earthquakes. In this context, legal and social consequences that directly affect the tenant's life, such as evacuation obligation, property damages and state subsidies, should also be examined.
C. LEGAL STATUS OF THE TENANT AFTER THE EARTHQUAKE: EVACUATION, PROPERTY DAMAGE AND STATE SUBSIDIES
Natural disasters such as earthquakes are extraordinary events that directly affect not only the physical integrity of the immovable property, but also the contractual rights and obligations of the lessee. The legal consequences of such disasters should be evaluated under various headings in terms of the obligation to evacuate, property damages and state aids.
Obligation to Evacuate and Force Majeure:
In the event that the leased immovable becomes uninhabitable as a result of an earthquake, suffers serious structural damage or is ordered to be demolished by the official authorities, it becomes a legal obligation for the lessee to evacuate the immovable. Such situations are considered as "force majeure" in terms of the TCO and general principles of law. Force majeure refers to the situation where the performance of the obligation becomes impossible due to unforeseen and unavoidable events that develop beyond the will of the parties.
If it is no longer possible to use the leased property for its intended purpose, the lessee has the right to terminate the agreement immediately and unilaterally. In this case, no rent debt can be attributed to the lessee and the obligations regarding the continuation of the contract are also eliminated. Since the eviction in question is not due to the fault of the lessee, it is not legally possible for the lessor to make any compensation or additional claims.
Property Damage and Liability:
In general, the landlord's DASK (Compulsory Earthquake Insurance) covers only the building and not the tenant's personal belongings. Therefore, if the tenant has not taken out home contents insurance in his/her own name, it is generally not possible for him/her to claim damages directly from the state or the landlord.
Damage to the tenant's personal belongings during an earthquake, as a rule, does not fall under the responsibility of the landlord. This is because the damages caused by natural disasters are usually beyond the control of the parties. However, there is an important exception here: If the structural condition of the immovable property is caused by negligence, defect or misconduct attributable to the lessor, the lessee may be held liable for compensation for the damage to the property in accordance with the general provisions of the TCO. In such cases, the proof of the causal link between the fault and the damage belongs to the tenant.
State Aids and Temporary Housing Rights:
In the aftermath of an earthquake, not only homeowners but also tenants are entitled to various state supports. While an earthquake is a natural disaster, it is also a crisis situation in which the principle of the social state must come into play. The "right to shelter" guaranteed in the Constitution applies not only to property owners but also to tenants. In the event of an earthquake that severely damages the building or renders it completely unusable, tenants may suddenly become homeless. In this case, it is crucial that the state or local authorities provide temporary shelter solutions before eviction.
In particular, the Ministry of Environment, Urbanization and Climate Change and AFAD (Disaster and Emergency Management Presidency) offer rental assistance, temporary accommodation and social support programs that are also open to tenants living in damaged areas. In order for tenants to benefit from these assistance programs, they must meet the eligibility criteria set by the relevant institutions and submit the necessary applications in due time. Such support is vital for the protection of tenants' right to shelter after a disaster.
D. CONCLUSION
Natural disasters such as earthquakes have significant legal consequences for both lessees and lessors in terms of lease agreements. The relevant provisions of the Turkish Code of Obligations aim to restore the balance of rights and obligations that may arise between the parties in these extraordinary circumstances. In particular, articles such as Articles 301, 304, 305 of the TCO offer various legal possibilities such as a reduction in the rental price, termination of the contract or rights arising from defects in cases where the lease is completely or partially unusable. If the use of the leased premises is completely prevented, the termination of the contract comes to the agenda, while in cases of partial damage, the lessee may request a reduction or termination.
In addition, even if the defects caused by the earthquake are not due to the fault of the lessor, the lessor may be obliged to repair the property if the lessee fails to use it in accordance with the contract. In this process, the lessee has the obligation to notify the defect on time and to carry out the necessary process. If the lessor remains passive, the lessee has the right to terminate the contract and demand the repair costs. In this framework, the legal situation arising after a natural disaster affects not only the physical damage but also the contractual obligations.
Finally, there are special regulations and practices regarding eviction of the tenant, damage to personal belongings and state subsidies. While eviction of the tenant becomes inevitable in immovable properties rendered uninhabitable due to the earthquake, damage to personal belongings leads to the responsibility of the lessor only in certain cases. Rental assistance, temporary housing and social support programs provided by the state play a critical role in eliminating the post-disaster victimization of tenants. In this context, the protection of tenants at both the legislative and practical level ensures that the post-disaster process is carried out in a fair and balanced manner.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
