The Effect Of A Party's Death On Lease Agreements

2. THE EFFECT OF THE DEATH OF THE PARTIES ON THE CONTRACT
 

The effect of the tenant's death on the lease agreement is expressly and separately regulated under both the general provisions on leases and the provisions governing residential and roofed workplace leases. In this context, Articles 333 and 371 of the Turkish Code of Obligations, titled "Death of the tenant," as well as Article 356, titled "Continuation of the contract upon the tenant's death," set out the relevant rules. By contrast, the effect of the lessor's death on the lease agreement is assessed by the Court of Cassation within the scope of Article 310 of the Turkish Code of Obligations, titled "Transfer of the contract and change of ownership."
 

• Article 333 of the Turkish Code of Obligations, titled "Death of the tenant" Provides that : "In the event of the tenant's death, the heirs may terminate the lease agreement effective as of the end of the nearest termination period by complying with the statutory notice period for termination."
   

• Article 356 of the Turkish Code of Obligations, titled "Continuation of the Contract upon the tenant's death" Provides that: "The deceased tenant's partners, the heirs of such partners who carry on the same profession or trade, as well as those who were residing in the same dwelling with the deceased tenant, may continue the lease agreement as contracting parties, provided that they comply with the terms of the contract and the applicable legal provisions."
   

• Article 371 of the Turkish Code of Obligations, titled "Death of the tenant" Provides that : "In the event of the tenant's death, both the heirs of the tenant and the lessor may terminate the lease agreement, provided that they comply with the statutory six-month notice period for termination."(This provision applies to usufructuary leases.)
   

Based on these provisions, and in particular Article 333 of the Turkish Code of Obligations-which frequently gives rise to practical issues and is often addressed in the case law of the Court of Cassation-in the event of the tenant's death, the heirs may terminate the lease agreement if they so wish, provided that they comply with the statutory notice period for termination. However, if the heirs of the tenant fail to exercise their right of termination for the nearest termination period, that is, if the lease agreement is not terminated in accordance with Article 329 of the Turkish Code of Obligations by observing a three-month notice period for the end of a six-month lease term, the right to terminate the lease on the ground of the tenant's death will lapse.
 

Pursuant to Article 356 of the Turkish Code of Obligations, which is regulated under the heading "Termination of lease agreements in residential and roofed workplace leases," the lease agreement does not terminate automatically upon the tenant's death. As a general rule, the lease agreement may be continued by the heirs and by those who were residing in the same dwelling as the deceased tenant.
 

In order for the lease relationship to be continued, the parties who intend to maintain the lease agreement must act in compliance with the terms of the contract and the applicable legal provisions. In brief, the continuation of the lease requires the existence of persons residing in the same dwelling (Article 356 of the Turkish Code of Obligations) or heirs, the absence of a notice of termination, and the use of the leased property in accordance with the contract and the law. For instance, if the persons residing with the deceased tenant do not wish to continue the contractual relationship in the capacity of tenant, or if they fail to act in accordance with the terms of the lease, this may constitute grounds for termination of the lease agreement. Similarly, situations where such persons claim that they are not liable for unpaid rent owed by the deceased tenant may be considered a breach of the lease agreement and may entitle the lessor to terminate the contract.
 

3. ASSESSMENT IN THE LIGHT OF JUDICIAL DECISIONS
 

The matters explained above have also been expressly stated in the following judicial decisions:
 

• "It is clear that, in the event of the tenant's death, the lease agreement continues with the heirs. Therefore, considering that a lease relationship exists between the parties and that the action concerns the collection of rent receivables and compensation for damage caused to the immovable property, the dispute must be heard and resolved by the civil court of peace."(Court of Cassation, 17th Civil Chamber, File No. 2012/16465, Decision No. 2012/15092, dated 31 December 2012
   

• "...The party who executed this agreement passed away during the course of the proceedings. Although the court of first instance ordered eviction on the grounds that the party to the contract, ..., had failed to perform the contractual obligations for 10-12 years, that under church rules a woman could not serve as a sexton, and that the defendant ... was therefore an unlawful occupier, this assessment is not accurate. The agreement dated 1 February 1992 between the claimant and ... (...) constitutes a mixed contract predominantly of a service nature, and it expressly provides that the defendant ... and her children would reside in the immovable property. Pursuant to Article 13 of Law No. 6570, in the event of the tenant's death, those residing with the tenant are entitled to continue occupying the leased property. Moreover, it is understood that the tenant had left the leased property many years earlier, that the contractual obligations to be performed by the tenant were fulfilled by the defendant ..., and that such use was approved by the claimant. Accordingly, the said defendant is deemed to have implicitly become a party to the contract." (Court of Cassation, 6th Civil Chamber, File No. 2011/3404, Decision No. 2011/8462, dated 20 July 2011)
   

• "...It was established that the defendant / the defendant's father had entered into a lease agreement with the claimant's decedent, and that the tenancy relationship had continued for a long period without any objection. The lease agreement concluded with the claimant's decedent does not terminate automatically upon the decedent's death, nor is the consent of the heirs required. [...] Where a legally valid lease agreement exists, unlawful occupation cannot be alleged." On these grounds, the Court of Cassation upheld the first-instance court's decision dismissing the action, following the rejection of the appeal upon appellate review.(Court of Cassation, 7th Civil Chamber, File No. 2025/636, Decision No. 2025/4454, dated 20 October 2025)
   

• "By its submission dated 13 June 2018, counsel for the claimant requested that the action be pursued against K4, arguing that, pursuant to the special provision set forth in Article 356 of the Turkish Code of Obligations, K4-who carries on the same profession as the decedent-had become a party to the contract. In his statement of defence, the defendant K4 denied having the status of a subtenant; however, in his appellate petition, he acknowledged that he held the status of a subtenant. Article 356 of the Turkish Code of Obligations provides that the heirs of a deceased tenant who carry on the same profession may continue the lease agreement as contracting parties. Upon examining whether the persons named as defendants and intervening defendants had the requisite standing, it was undisputed that K6 was the tenant, K4 was the subtenant, and that the dried nuts shop subject to the lease was operated by K4. As the heirs of K6 were parties to the contract by virtue of their status as heirs, their participation in the proceedings was required. However, since all of the closest heirs had renounced the inheritance, it was understood that the estate had to be officially liquidated in accordance with the provisions on bankruptcy. For this reason, the appellate grounds raised by the intervening defendants were required to be upheld. With respect to defendant K4, it was concluded that the statutory conditions for eviction had been met due to the expiration of the ten-year extension period of the lease agreement, and that the eviction action filed on this ground should be upheld."(Istanbul Regional Court of Appeal, 35th Civil Chamber, File No. 2019/3006, Decision No. 2021/2265, dated 19 October 2021)
   

As is clearly understood from the judicial decisions, a lease agreement does not terminate automatically upon the tenant's death. Where the statutory conditions are met, the tenant's death alone does not grant the lessor the right to terminate the lease agreement. In the event of a lease relationship that does not comply with these conditions, the lessor must pursue the statutory termination procedures in order to seek eviction. In addition, there is no legal requirement to obtain the consent of the heirs for the continuation of the lease agreement following the decedent's death.
 

• Article 310 of the Turkish Code of Obligations, titled "Transfer of the contract and change of ownership" which forms the basis of the settled case law of the Court of Cassation regarding the effect of the lessor's death on the lease agreement provides that :"If the leased property changes hands for any reason after the conclusion of the contract, the new owner becomes a party to the lease agreement."
   

As may be inferred from the statutory provision, where the leased property changes hands by way of inheritance, the heirs become parties to the lease agreement and the lease relationship continues under the same terms and conditions. According to the settled case law of the Court of Cassation, the lessor's death alone does not constitute grounds for eviction, and the heirs are deemed to succeed to the lessor's rights and obligations in their entirety. Within this framework, the heirs may terminate the lease agreement only in accordance with the statutory grounds for eviction and by following the procedure prescribed by law. These principles have also been affirmed by the decisions of the Court of Cassation:
 

• "A valid lease agreement may be terminated either by mutual termination notices duly served by the parties, by a court decision, or by the destruction of the leased property. Upon the death of the registered owner ... on 9 August 2007, all heirs automatically acquired the status of lessor."
  (Court of Cassation, 8th Civil Chamber, File No. 2018/14597, Decision No. 2019/7326, dated 11 September 2019)
   

• "...It is established that the immovable property was registered in the name of A.S., the predecessor in title of the defendant A., that the decedent passed away on 24 November 2002, and that the surviving heirs were the claimants, the defendant A., the non-party children N., B., H. S., and the grandchildren İ. S., İ. S., and İ. S. It is further understood that, during his lifetime, the decedent A.S. had leased the property in question to the defendant M.G. under a written lease agreement dated and effective as of 1 February 2001, for a term of five years. In this context, there is no doubt that, upon the death of the decedent lessor, the claimant heirs became bound by the said lease agreement by way of universal succession, and that the rights and obligations arising from the lease agreement passed to them together with the other heirs."(Court of Cassation, 1st Civil Chamber, File No. 2013/11977, Decision No. 2013/14550, dated 24 October 2013)
   

4. CONCLUSION
 

Pursuant to Article 333 of the Turkish Code of Obligations, which is included among the general provisions on leases, where the tenant party to a lease agreement passes away, the lease agreement does not terminate. On the contrary, the heirs of the deceased tenant may continue the lease agreement in the capacity of tenant. The heirs of the deceased tenant who wish to terminate the lease agreement may, at their discretion, bring the existing lease agreement to an end by complying with the applicable statutory notice periods and termination terms.
 

Pursuant to Article 356 of the Turkish Code of Obligations, which governs residential and roofed workplace leases, the tenant's death does not result in the termination of the lease agreement. Accordingly, upon the death of the tenant, the lease agreement does not cease to exist but continues in force. In residential leases, those who were residing together with the tenant, and in roofed workplace leases, the deceased workplace tenant's partners or the heirs of such partners who carry on the same profession or trade, may continue the lease agreement in the capacity of tenant.
 

In the event of the lessor's death, in light of the assessments made by the Court of Cassation within the scope of Article 310 of the Turkish Code of Obligations, such circumstance is regarded as a transfer of the leased property by way of inheritance. Accordingly, the heirs become parties to the lease agreement and the lease relationship continues under the same terms and conditions. In this case, the lessor's heirs must rely on the statutory grounds for termination provided by law in order to bring the lease relationship to an end.
 

BIBLIOGRAPHY:
 

1. Relevant caselaw of Court of Cassastion ((Y. 17. HD E. 2012/16465, K. 2012/15092, Y 6. HD E. 2011/3404, K. 2011/8462, Y. 7. HD E. 2025/636, K. 2025/4454, İstanbul BAM 35. HD E. 2019/3006 K. 2021/2265, Y.8.HD E. 2018/14597, K. 2019/7326, Y. 1. HD E. 2013/11977, K. 2013/14550)
2. Kiracının Ölümünün Her Türlü Kira İlişkisine Etkisi ve Bu Etkinin Özellikle Konut ve Çatılı İşyeri Kiraları Bakımından Gösterdiği Özellikler - Doç Dr. İpek SAĞLAM - Marmara Üniversitesi Hukuk Fakültesi /Dergipark