NEWSLETTER-2020-metin

109 LAW OF OBLIGATIONS with Article 325 of the TCO, guide the practice 2 . In the relevant Su- preme Court decisions, it is decided that the lessee is responsible for the rental fee for a reasonable period of time from the turn-key date due to early release. With the enactment of Article 325 of the TCO, a legal regulation that is similar to the accepted view of the Court of Cassation shall apply. Important Reasons for Extraordinary Termination (Article 331 of the TCO) Pursuant to Article 331 of the TCO, each of the parties may, at any time, cancel the agreement by following the legal termination notification periods in the event of the existence of important causes that make the continuation of the tenancy unbearable for both parties. There was a similar arrangement regarding this matter within the scope of Law No. 818. However, the second paragraph concerning the compensation obligation of the party who breaks the contract due to important reasons is not included within the context of Article 331 of the TCO. Instead, it is stated that the judge shall decide on the mon- etary consequences of the extraordinary termination notice by taking into account the situation and circumstances. In this case, it can be evaluated that the party giving notice of the termination is not obliged to pay full compensation in all cases as of the effective date. Provisions on Leases of Residential Premises and Covered Workplaces The concepts of “residence” or “workplace with a roof” are not defined in Article 339 of the TCO. In order to determine the content of these concepts, doctrine, practice and case law of the Supreme Court are taken into consideration. Special provisions, regulated in Articles 339 to 356, are applicable for residential and covered workplaces. However, roof-free workplace lease contracts are subject to general provisions. In addition, the provisions regarding rents of residential and covered workplace are not applicable to an immovable property 2 3th Chamber of the Court of Cassation No. E. 2017/4599, K. 2018/12416, 05.12.2018; 6th Chamber of the Court of Cassation No. E. 2015/10215, K. 2016/5589, 03.10.2016.