Adaptation claims in lease agreements

The Turkish Code of Obligations provides that where an extraordinary situation arises which the parties did not and could not have been expected to foresee at the time of contracting, adaptation of the contract to the new circumstances may be sought.

Adaptation is an exception to the binding force of contracts and is therefore construed narrowly. In practice the change must be unforeseeable, not attributable to the debtor, the performance must not yet have been rendered, and performance must have become excessively onerous.

In lease relationships, adaptation claims rest on a different legal basis than actions for the determination of rent. The conditions, time limits and outcomes differ, and the applicable route should be identified at the outset.

This text is for general information; each dispute must be assessed on its own facts.

This content is for general information only and does not constitute legal advice.