With the importance of real estate rental in the Turkish real estate market, many questions and concerns arise.

Duties of the  lessor and ...

Date:Tuesday, September 28, 2021

With the importance of real estate rental in the Turkish real estate market, many questions and concerns arise.

Duties of the  lessor and the lessee in Turkey

With the importance of real estate rental in the Turkish real estate market, many questions and problems arise about this matter, for example, some real estate owners wonder about ways to remove the tenant from the property for one reason or another, as the relationship between the lessor and the lessee is affected due to the lack of knowledge of the rights of each towards the other. According to Turkish law, the property owner in Turkey cannot unconditionally evict the tenant.

Accordingly, in this article, we will review the duties and rights of the property owner and the tenant alike.

What are the duties of real estate tenants in Turkey that prevent losing the insurance amount?

- The tenant must abide by all the expenses he must pay, such as water, electricity and gas bills, and in the event of default, the owner of the original property has the right to terminate the contract and remove the tenant from it

- The tenant must hand over the property as he received it from its owner in the beginning, meaning that he must not cause any damage to the details of the property.

- In addition, it is his duty to make rent payments to the landlord on a regular basis and without delay

Finally, the tenant may not make any drastic changes to the original property without the permission of the original owner.

If the tenant of the property in Turkey does any of the actions mentioned above, then the property owner has the right to take possession of the insurance amount that was paid when signing the lease contract, and this is legal and there is no accountability at all.

What are the duties of the original owner of Turkey property towards his tenant?

Just as the owner of the property has rights over the tenant, it also entails duties that it must perform, for example

- He has to pay all of his previous bills and dues. It is not the tenant's business to pay something that he did not use. In this case, that is, if the tenant does not pay the payments due on the property, the original property owner is not entitled to take anything from the insurance amount.

- Just as it is the duty of the property owner to repair any of its foundations that were damaged, this is not the duty of the tenant to bear the consequences and in this case he does not lose anything from his insurance amount. Imposes any financial fines on the tenant or takes anything from the security deposit.

If you want to rent a property in Turkey, you must be reassured and have a calm heart, as all your rights will be preserved far from the hands of the aggressors. The real estate and you were the cause of it, then he takes his right through the bank, in addition to the price of the insurance amount, there is no difficulty in managing it.

Things that must be included in the lease contract to ensure the relationship between the lessee and the lessor:

For the benefit of both parties, the lessor and the lessee, they must ensure that the contract includes a set of matters:

1- Personal data of both parties (name, ID number, date and place of birth…)

2 The lessor must pledge in the tenancy contract that there are no previous accrued dues such as bills or other fees.

3- The value of the rent: the agreed amount must be clearly stated in the contract as the rent value, and it is necessary to specify the date of payment of the rent and to mention how the payment will be made (manually, an account in the bank, through a real estate office)

4- It is important that the two parties agree on a specific amount of the annual rent increase and that it is written in the contract. With regard to this topic, we mention three important points:

 - That Turkish law codifies the relationship between the tenant and the landlord so that it does not allow the rent to be raised before a year has passed from the date of the contract.

- In the event that the value of the increase was not specified during the writing of the contract by agreement, then the increase is calculated based on the annual inflation rate, by mutual consent between the lessee and the lessor.

In the event that the value of the increase is not specified in the contract and the landlord refuses, after a year, to agree with the tenant on a specific value, the landlord does not have the right to evict the tenant, but he has the right to resort to the judiciary.

5- Lease term: The lease term is determined and is often annual, provided that the term begins from the date of receipt of the keys.

6- Additional expenses: cleaning revenues, recreational facilities revenues, and other additional revenues that the tenant may have to pay.

7- Insurance: The tenant is obligated to pay a security amount and it must then be mentioned in the contract.

8- Signature: Both parties must sign the contract.

What if the landlord asks the tenant to vacate the house on the pretext that his son will live in it?

According to the Debt Law, the landlord cannot ask the tenant to vacate the house before the expiry of the contract term, unless there are reasons that contradict what is stated in it, such as the tenant not paying the rent or giving the house to others to live in, or if the landlord wants to carry out basic repairs in the house.

What should the tenant do if he wants to leave the house before the expiry of the contract term?

If the tenant wants to leave the house before the expiry date of the contract term, and the landlord cannot immediately re-rent it, he is obliged to pay compensation for a period of three months from the date of departure, provided that he notifies the landlord.

If the tenant notifies the landlord, then leaves, and another tenant is found immediately, he does not have to pay any compensation.

If the house is rented out again in the three-month period from the date of the eviction, the tenant must pay compensation from the date of eviction until the date of the lease.

If the tenant does not notify the landlord of his intent to vacate the house, the contract is in effect and obligates the tenant to pay the rent for the months until the date of the notification or the end of the contract.

What is the landlord entitled to if the tenant does not pay the rent of the house?

The landlord must send a notice to the tenant, from a notary, for payment within 30 days, and if the term expires and the tenant has not paid, the landlord can request an eviction in court under an eviction lawsuit.

What happens to the tenant if the house is sold?

In the case of selling the house, a period of six months is given to the tenant, and the new owner is given Within a month's notice period asking to vacate the home.

In this case, the tenant can stay in the house until the end of the sixth month from the date of purchase, and if the house is not vacated at the end of the sixth month, the owner can file an eviction lawsuit.

Can a tenant make home modifications without taking the landlord's prior permission?

It is against the terms of the contract for the tenant to make serious alterations to the house without prior permission from the landlord, in which case the landlord can evict the tenant from the house.


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