NEWSLETTER-2019-metin

216 NEWSLETTER 2019 months, it simply does not accept any rights with respect to finding a new lessee that would justify early termination, owing to fact that fTCO contains no clause thereof. That being the case, at the present time, with respect to Commer- cial Lease Relationships, although the lessee may find another lessee to take its place, thereby terminating the lease agreement earlier than the established end date, it still might be obliged to pay the rent that is equivalent to a reasonable period, as the lessor has no obligation to accept the recommended new lessee under the fTCO. In view of the above, in Commercial Lease Relationships, until 1 July 2020, the lessee shall not enjoy the rights set forth under Article 325 of the TCO to execute the early termination without paying the remaining rent, through finding a new lessee. Deposit – Article 342 of the TCO Article 342 of the TCO regulates the limits and the method of advance deposit payment required from the lessee at the signing phase of a lease agreement. It first mandates that concerning the rents of residential and covered workplaces, the amount of deposit shall not exceed the three-month rent amount under any reason whatsoever. It then introduces the method of payment where the lessee shall deposit the money into a bank account, not to be withdrawn without the con- sent of the lessor. Additionally, the bank shall return the deposit only with the consent of both parties, or with the finalization of the enforce- ment proceedings, or based on the final court decision. Consequently, if the foregoing process is not duly followed by the lessor, the lessee may reclaim its deposit from the lessor, based on unjust enrichment, as defined under the TCO. During the course of fTCO, no procedure or limits had been set for deposit; therefore, the lessee could be exposed to heavy deposit requirements, which is, as of the present day, still the case for Com- mercial Lease Relationships. As from 1 July 2020, for all leases re- specting the leases for residential and covered workplaces, regardless of whether the lessee is a trader, or the leased area is a workplace or not, the procedure under Article 342 shall be followed in order for the lessors to duly receive the deposit, and to avoid any potential claims