April 2011; The two parties were fairly bound by the terms of the tenancy agreement, which was very heavily weighted in favour of the owners as opposed to their tenants. Landlords and their fulfillers often refer to the early termination of a tenancy agreement by the tenant as a “breach of contract”. This is not a true interpretation of the CPA. Companies that provide co-work areas to their users are also affected by the COVID 19 pandemic due to economic difficulties, health concerns and quarantine conditions. As a result, co-worker service providers may have been forced to evacuate their facilities and their business considerations had the greatest impact on their users. That is why we believe that the legal outcome of the termination of the framework lease should be considered, particularly on the basis of COVID-19. Positive harm: Positive harm means the difference between the creditor`s short-term assets (i.e. assets resulting from non-compliance or non-compliance with its obligations) and assets that would have occurred if the debtor had adequately fulfilled its obligations. In other words, a positive injury is the injury suffered by the creditor as a result of the debtor`s inability or non-compliance with the debtor`s obligations. “Loss of profit” is included in the extent of the positive damage, as well as “actual losses.” In this regard, the deferral of the cancellation relates, among other things, to the loss resulting from the need for the creditor to enter into a new contract as a result of the debtor`s non-performance or failure to terminate. With regard to leases, the High Court of Appeals also explains that the calculation of the shortfall must determine the length of time the purchaser can rent another property under the same conditions.
The CPA`s early termination of leases applies primarily to individuals; especially ordinary consumers; and generally does not apply to corporations, trusts, corporations, businesses and nearby businesses. As noted above, the provision of private offices is a relatively new concept in Turkish law, but jurisprudence1 and the view of legal doctrine suggest that such contracts should be considered sublease contracts, given that the relationship between the co-work service provider and the lessor has been identified as a lease agreement and the service provider co-working area under-leases the property on the basis of a lease. The purpose of this letter is to act as a notice for my lease. I am currently a tenant at the above address under the terms of a rental agreement that expires on [Lease.ExpirationDate]. This letter serves as an invitation not to renew or renew the lease and I will plow the property at the latest under the name [Exit.Date]. A formal judicial procedure must be followed in order to make an early termination of the lease legally and effective, in particular in order to be fully compliant with the law. Professional legal advice and assistance should be obtained if appropriate notification is availab to the owner and/or senior representative. The inconvenience caused to an owner by an early cancellation will undoubtedly be both annoying and tedious; But it is clear that a tenant has the right to terminate a tenancy agreement. Only then does the owner have the right to recover his actual losses in an early cancellation penalty.
It is likely that the landlord has a tenant`s deposit, which can be used by the landlord to repair damage to the property or any financial damage to the landlord, such as unpaid rent or, in this case, damage caused by the early termination of the tenancy agreement. A landlord would have the right to maintain and use the surety in a situation where a tenant prematurely resigns from the tenancy agreement; and if the owner suffers financial harm, the owner may even have a claim beyond the owner`s deposit.