B2B Maintenance, Repair, and Workplace Expense Distribution (Turkey)

In Turkey, in commercial (B2B) leasing, the Discussion of "On Whose Shoulders is the Bill for Maintenance, Repair, and Structural Renovations (Owner vs. Merchant Tenant)?"; just like the rule in Residences, is built upon the property owner assuming "the main structural, fixture responsibility as the principal" before the Law. However, Lawyers who exactly translate English/US law-originated (Triple Net) contracts in Western format and mount them onto Turkey funds crash into the sharp walls of Art. 301/317 of the Law in B2B too!

1. "Shell & Core" (Incomplete) Advanced Empty Delivery System

The 90% format in B2B chains of Plazas and Shopping Mall Shops in the Turkish market: is giving it (Delivery for Consumption/Lease to the Tenant Merchant) completely empty unconstructed unplastered by the owner as "Shell & Core" (Unplastered Brick / Screeded Concrete and column floor). Air conditioning (Leaves generally up to HVAC pipe ends). In this case, the Tenant pours billions with the "Decoration (Fit-Out)" Investment budget and fully furnishes the shop with marbles, suspended ceilings (Actual Workplace opening).

• The Problem (Moving Out Eviction): Contract is over! Will the marbles stay in the AVM? (Or is it going to return back to the table of breaking execution with poured concrete by demolition to brick to its old state?) Will the Tenant legally request from the owner Execution (Its compensation) through Unjust Enrichment from its value benefit to the owner this giant million investment while Exiting? (Here This Article triggers the most fatal lawyering contract wording article of Corporate B2B Contracts in Turkey).

2. In

Accordance with TCO, the Enduring Rule of Additions "Unjust Enrichment Barrier" Regulation

• The Rule If Not Written in Contract: The tenant cannot take away these permanent investment equipments (Air conditioning ducts, suspended ceilings, etc., inseparable parts) that they made and which increase the main luxury rental income of the property when leaving; it stays with its Owner and by Law the TENANT (Because they Created Value Increase, leaves with the right to request compensation / have paid / execute collection from the PROPERTY OWNER over management without mandate or causeless enrichment!).

• Asymmetric Property Owner B2B Order (Setup of Escape Routes from Contracts): The giant AVM fund; in order not to see the bill for this behind the exit with its own wallet payment lawsuit; Has this Written in Corporate Language to the Heavy Tenant Contract and Makes it Signed by Coercion: "The TENANT, abandoning ALL renovations they made or permanent decorations and inseparable investments of the property to the lessor themselves COMPLETELY WITHOUT ANY Price Demand, Rights Compensation Set-off, Scrap Return, or Value Increase Request FREE OF CHARGE (Bila Bedel), Leaving the Work and investment ownership to the LESSOR (Owner of The Month Same Property) With the Rule that they Renounced Demanding Money at the Exit they will Exit! (Refraining from the right of Forwarding absolutely No Value Right)" By placing such imposing clauses, bypassing the Legal route definitely, the transfer of the Tenant's Million investment work to the Real Estate Pool of the Fund for Free becomes legal!

3. Ordinary (Site Management/Plaza Management General Expenses (Related to Use)

B2B companies (Tenants); Just like with the gardener, elevator electricity in the residence: Washing fees of their own rented office windows from the Plaza Outer Skin with a tower glass elevator, main door lobby reception security holding salary invoice distributions (Shared by falling M2 per square meter of Land share) and General Management (AVM advertisement promotion pool dues M2 Marketing Turnover Burdens); All of them - Since they are legally deemed as "fixed share / Common Area use General Expense utilized belonging to Usage" in accordance with appropriate decisions of the law and the Supreme Court - The transferring of them from B2B firm commercial safes ticking like clockwork to Property Main Manager accounts (Under the DUES / Common Expense Invoice) without sending to the Property Owner legally is undoubtedly their obligation to pay!

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