In Article 346 of the Turkish Code of Obligations No. 6098, titled prohibition of regulation against the tenant; It has been regulated that the lessee cannot be obliged to pay any other payment other than the rental price and ancillary expenses, and especially in case the rental fee is not paid on time, the penalties will be paid or the next rental fees will be due.
However, according to Article 53 of the Law No. 6353, which amended the temporary 2nd article of the Law No. 6217; As of 1.7.2012, articles 323, 325, 331, 340, 343, 344, 346 and 354 of the Turkish Code of Obligations No. 6098 are used for workplace rents where the lessee is a merchant in the Turkish Commercial Code and legal entities of private law and public law. It is also foreseen that it cannot be implemented for 8 years, and in this case, the provisions of the lease agreement will be applied in accordance with the freedom of contract regarding the issues specified in these articles. To summarize, as long as the lease agreement is not made for a commercial enterprise, the provisions that impose additional financial obligations on the lessee, except for the penal clause, due date and ancillary expenses (fees), are invalid.
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