Within the scope of combating the coronavirus epidemic, which is under the influence of the whole world, curfews, closure of businesses and similar measures are taken. The measures taken seriously affect the economic life. In this article, the ways that those who have signed a long-term car rental contract, which is adversely affected by the coronavirus outbreak, can apply legally.
Individuals and companies that rent a car may be adversely affected due to the recent measures taken.
For example, it is clear that a company that has turned to a home-based work system due to the coronavirus epidemic cannot use previously rented vehicles. In this case, the company would be obliged to pay the car rental fees even though it could not achieve the expected benefit. In the same direction, the situation is the same for people who cannot go out due to the curfew and therefore cannot use the car they have rented. The lessee is not able to know the coronavirus risk when signing the contract and this risk is not caused by the lessee. Despite this, leaving it in case of paying rent does not comply with equity.
In the presence of an extraordinary situation that is not foreseen or expected to be envisaged by the parties at the time of the contract, lessees may seek their rights by filing an adaptation lawsuit or terminate the contract and retrieve the extra amount.
The purpose of the lawsuit is to adapt the rental price and other contract provisions in accordance with the new conditions. In other words, reduction of the rental price, etc. solutions are available. The adaptation is not only for the coronavirus epidemic period, but for all prospective rents. Indeed, this situation is expected to affect not only these months but also the economic future.
It is important to note that, in order to file this lawsuit, the business owners must not pay their rent debts or pay with a reservation added. For instance, one can put a reservation in the explanation part of a payment made with EFT as follows; “I reserve my rights to file an adaptation case for changing conditions due to coronavirus in the future".
As a result, there are two ways tenants can follow;
• Requesting adaptation of the contract and reduction in price or;
• Request the termination of the contractual relationship without further damage