Landlord-tenant relations in our country have been tense recently. Eviction lawsuits are on the rise due to reasons like rents falling short of market rates, landlords wanting to sell their property, or rents being paid partially, late, or not at all. However, the lengthy court processes sometimes push landlords to resort to illegal methods, such as cutting off a tenant's electricity, water, or natural gas. So, what does such an act mean legally, and what rights does a tenant have in such a situation? In this article, we will thoroughly examine the legal consequences of a landlord's interference and the legal avenues a tenant can pursue.

1. Lease Agreement

A lease agreement is a legal contract where one party (“lessor”) undertakes to grant the other party (“lessee”) the right to use, or use and benefit from, a property for a specific period in exchange for a determined rent. According to the Turkish Code of Obligations, a lease agreement is formed by mutual declarations of will and imposes obligations on both parties.

• 1.1. Key elements of a lease agreement are:
• Lessor: The person who delivers the leased property (does not necessarily have to be the owner).
• Lessee: The person who has the right to use the leased property in exchange for a specified rent.
• Rent: The fee the lessee must pay in exchange for the right to use the property.

This agreement creates mutual rights and obligations for both the lessee and the lessor.

A landlord cannot, under any circumstances, cut off a tenant's basic services such as electricity, water, or natural gas. Even if the tenant fails to pay rent, it does not legalize cutting off such services. Actions like cutting off electricity, water, and natural gas lead to both legal and penal sanctions for the landlord.

Such behavior is considered a "crime of disturbing the peace and tranquility of individuals" under Article 123 of the Turkish Penal Code (“TCK”) and can result in a prison sentence of three months to one year. Additionally, the tenant can file a material and moral compensation lawsuit to claim damages suffered.

2. Cutting Off Services is a Crime, Even if Rent is Unpaid

Even if the tenant fails to pay rent, it is illegal for the landlord to cut off their electricity. When rent is unpaid, there are specific legal avenues a landlord must pursue:

• Sending a warning notice through a notary.
• Filing an eviction lawsuit.
• Initiating enforcement proceedings to collect unpaid rent.

If the landlord resorts to cutting off electricity, water, or natural gas instead of these legal avenues, it is considered an unlawful act with severe legal consequences. In such a situation, the tenant can file a compensation lawsuit and also file a criminal complaint with the Public Prosecutor's Office.

3. Cancellation or Cut-off of Subscriptions

It is also illegal for the landlord to cancel or cut off electricity, water, or natural gas subscriptions registered in their name. The fact that the subscriptions are in the landlord's name does not grant them the right to block the tenant's access to these services. Such interferences, as long as the lease agreement is ongoing, constitute a crime under TCK Article 123. In such a case:

• The tenant can apply to the Sulh Hukuk Court (Civil Court of Peace) to request an injunction. This injunction can ensure the services are reactivated.
• They can file a criminal complaint with the Public Prosecutor's Office to initiate criminal proceedings under the "crime of disturbing the peace and tranquility of individuals" (TCK Article 123).
• They can file a compensation lawsuit for material and moral damages suffered due to the cancellation of subscriptions.

4. Tenants Without a Written Agreement and Their Rights

Even if there is no written lease agreement, if a person resides in the property and pays rent, this is considered a tenancy relationship. Therefore, tenants without a written agreement also have the right to access basic necessities.

Even without a contract, if the landlord cuts off the electricity of such a tenant, it is still penalized under the "crime of disturbing the peace and tranquility of individuals" (TCK Article 123). In this situation, the tenant can protect their rights through an injunction, a criminal complaint, and a compensation lawsuit. However, tenants with verbal lease agreements cannot directly apply to relevant institutions to initiate subscriptions in their own names; they would need to provide a written lease agreement for this.

5. What Should a Tenant Do?

If your landlord cuts off your electricity, water, or natural gas, you can follow these legal steps:

• Request an Interim Injunction: You can apply to the Civil Court of Peace to request an interim injunction for the determination of your tenant status and the prevention of service cut-offs. This is a crucial step that can help restore services quickly.
• File a Criminal Complaint: You can file a criminal complaint with the Public Prosecutor's Office, requesting that the landlord be penalized under the "crime of disturbing the peace and tranquility of individuals."
• File a Compensation Lawsuit: You can file a material and moral compensation lawsuit to cover your material damages (e.g., costs of reconnecting subscriptions) and for the violation of your personal rights. Supreme Court decisions clearly indicate that such actions are torts warranting moral compensation.
• Create Your Own Subscription: If you have a written lease agreement, you can directly apply to the relevant institutions to set up electricity, water, or natural gas subscriptions in your own name.