OBLIGATION TO SHOW RESPECT IN NEIGHBORLY RELATIONS
As a result of the sudden breakthrough of the construction sector in the last century, people have moved to apartment life. So much so that today the tallest building in the world has 160 floors. However, these structures, where people fulfill their most important need, the need for shelter, have brought along certain problems.
The fact that people live so close to each other of course requires certain rules and laws to be regulated and the order in this area is tried to be ensured. The word "neighbor" is defined as "the name that people whose houses are close to each other take according to each other" according to TDK. Due to the high rate of disputes in recent years, the obligation of neighbors to respect each other is becoming more and more apparent.
The obligation to show respect is regulated in the jurisprudence of the Court of Cassation, and acts such as continuous noise and noise, not respecting the neighbors, not fulfilling the necessary obligations within the apartment, using the house as a bachelor's hostel are subject to sanctions.
First of all, it should be noted that the person inside the house is obliged to fulfill this debt of respect, whether he/she is a property owner or a tenant. However, according to our laws, tenants and property owners should be treated differently.
IN TERMS OF PROPERTY OWNERS;
CONDOMINIUM LAW
Article 18 - The condominium owners shall own both their independent sections, annexes and common areas.
They are mutually obliged to abide by the rules of correctness while using, especially not to disturb each other, not to violate each other's rights and to comply with the provisions of the management plan.
The provisions of this law regarding the obligations of the condominium owners shall also apply to the tenants and the owners of the right of residence in the independent sections or to those who benefit from these sections in any way; those who fail to fulfill these obligations shall be jointly and severally liable together with the condominium owners.
As clearly regulated in our Law, the owners have certain obligations towards each other. While exercising the powers arising from the ownership of immovable property and especially
while carrying out the business activity, to avoid flooding that will adversely affect its neighbors
is obliged. In particular, according to the condition and nature of the immovable property and local custom
smoke, mist, soot, dust, dust, odor, noise or vibration exceeding the degree of visibility
causing disturbance is prohibited by our laws (TMK Art. 737).
FROM THE PERSPECTIVE OF THE TENANT
Rent is basically a contract concluded between persons. Pursuant to contracts, persons enter into certain debts and obligations towards each other. The obligations of the tenant are not limited to the landlord with whom the tenant has signed a contract. The tenant is also obliged to fulfill his/her duty of respect.
TURKISH CODE OF OBLIGATIONS
ARTICLE 316- The lessee shall use the leased property diligently in accordance with the contract and
to show the necessary respect to the neighbors and the persons living in the immovable property where the leased property is located
is obliged.
Again, the obligation to show respect is defined by the jurisprudence of the Court of Cassation; reasons such as the tenant causing disturbance to the environment, organizing entertainment every evening in the leased premises, using the leased premises carelessly, using drugs in the leased premises, insulting or threatening the lessor or neighbors are contrary to this obligation.
A sample decision of the Court of Cassation: "As for our case; considering the witness statements and the contents of the file that the defendant said threatening words to the residents of the complex, the defendant tenant's action constitutes an open misuse of the lease, the lease relationship between the parties has become unbearable, the plaintiff lessor cannot be expected to continue the relationship despite these negativities, and in this respect, it is not correct to decide to reject the lawsuit on written grounds, while it should be decided to accept the lawsuit, considering that a lawsuit can be filed without the need for notice." (Court of Cassation 3rd HD, E. 2017/4988 K. 2017/12944 T. 28.9.2017)
SANCTIONS
The obligation to show respect, although not highly valued by the public, is an obligation that can lead to severe sanctions. Failure to fulfill this obligation may result in eviction for the tenant and may even result in landlords being obliged to transfer the property to other neighbors. For example
CONDOMINIUM LAW
Article 25 - One of the condominium owners, by failing to fulfill the obligations and liabilities that fall to him according to this law, makes the rights of the other condominium owners unbearable for them
to such an extent that they violate the property rights of the owner of the
They may ask the judge to transfer the right to them.
TURKISH CODE OF OBLIGATIONS
ARTICLE 316- In the event that the lessee violates this obligation, the lessor, housing and
in the case of roofed workplace lease, by giving at least thirty days to remedy the breach, otherwise
gives a written notice that it will terminate the contract. In other lease relationships,
the lessor may terminate the contract with a written notice without prior notice to the lessee.
may terminate immediately.
In residential and roofed workplace leases, the lessee intentionally causes serious damage to the leased property,
it is understood that the time to be given to the lessee will be useless or the lessee is obliged to this obligation
in terms of the lessor or persons residing in the same immovable property and neighbors
unbearable, the lessor may, by written notice, terminate the contract immediately.
may terminate.
In addition, this situation should also be considered in terms of the Turkish Criminal Code. As a matter of fact, failure to fulfill this obligation causes some crimes to be brought to the agenda, although it may vary according to the concrete case.
The crime of disturbing the peace and tranquility of persons: In the event that a person is persistently telephoned, noisy or engages in any other unlawful behavior for the same purpose, the perpetrator shall be sentenced to imprisonment from three months to one year upon the complaint of the victim. For example, this crime may be brought up against a person who violates his obligations just to spite his neighbors with whom he has a fight.
The offense of causing noise: In violation of the obligations set out in the relevant laws, another
a person who causes noise in such a way that it is likely to cause damage to the health of a person, shall be sentenced to two months
shall be punished with imprisonment for up to two years or a judicial fine. For example, a person who listens to music at full volume at night will be the perpetrator of this offense.
