NEWSLETTER-2020-metin

114 NEWSLETTER 2020 Adaptation of Lease Agreements within the Scope of New Coronavirus (COVID-19)* Att. Özgür Kocabaşoğlu Introduction The 4th Chamber of the Bursa Regional Court of Justice (“Court”) ruled that the lease contract should be adapted due to the COVID-19 pandemic with its decision that may set a precedent. The 4th Chamber of the Bursa Regional Court of Justice handled the interim decision of the first degree court that rejected to rule for an interim measure regarding the payment of monthly TRY 11,500.00 effective from 01.05.2020, and while the effects of COVID-19 continue in decision numbered 2020/1103 E. 2020/1008 K. and dated 28.09.2020 (“Deci- sion”). The real property that is the subject of the request for adaptation and the interim measure was rented to the lessee with the lease starting on 01.01.2020, for a period of 8 years, and for the use as a restaurant with TRY 23,000.00 monthly rent. The plaintiff / lesseee claimed there was a decrease in the business due to the pandemic, and requested the adjustment of the rent to be made during the pandemic, and requested an interim measure to pay TRY 11,500.00 as the monthly rent during this period. The Court examined the conditions of “Hardship” regu- lated under Article 138 of the Turkish Code of Obligations (“TCO”) numbered 6098, and ruled that a preliminary measure should be im- posed on the payment of the rents that have been valid but which have not yet been paid since 01.05.2020, for the rents to be decreased as of the date of this decision, to TRY 11,500.00 per month. An Overview for “Hardship” as a Reason for Adaptation Firstly, if there is a provision that can be applied regarding a pan- demic or force majeure in the lease agreement concluded between the * Article of October, 2020