Detailed information about obligations of landlord and tenant, landlord and tenant law in Turkey.
Landlord and tenant rights are specified in the Turkish Code of Obligations No. 6098. Tenant rights determined according to the laws are as follows;
Contract Duration
Read our guide to landlord and tenant law. – The landlord does not have the right to evict the tenant before the lease expires. Unless the landlord sends a notice to the tenant one month before the contract expires, the contract is automatically renewed and becomes an indefinite contract.
Housing Construction Expenses
The tenant can request from the landlord the things that need to be renovated in the rented house. The expenses made for the elimination of the defects in the house belong to the landlord. An agreement is reached with the host, if the host fixes the fault directly, there is no problem. The tenant can pay by making the renovation and deducting from the rent.
Discount on Rent Price
Our landlord and tenant law specialists offer advice in the complicated area of landlord disputes. – If there is no hurry for the renovation or the elimination of building defects, the tenant may request a discount from the landlord within the rental fee. It is the right of the tenant to compensate for housing damages or to request a reduction in the rental rate.
Transfer of Rent
A compilation of laws, regulations, cases, and web sources on landlord and tenant law in general. – The tenant has the right to lease the leased house, residence or workplace to another person. The tenant’s rights include the option of transferring, leasing, in whole or in part, on the condition of not damaging the home.
The Tenant Is Always Right
If the desired performance is not obtained from the rented house or does not meet the expected, the tenant can leave without waiting for the contract to expire. If the rented person has problems, he has the right to exit by stating a justified reason.
Fixture Renovation
The basic parts of the house and the renovation of the fixtures belong to the owner. If the tenant makes different changes or innovations according to his or her personal taste, it is the responsibility of the tenant.
Management Authority
Get in touch with our commercial landlord and tenant law solicitors for further information and specialist advice. – In apartment management, house owners generally act as managers. If the landlord has the power of attorney, tenants can also become managers.
Deposit
Find guidance on landlord and tenant law, disputes, and eviction here. – If a deposit is given when the house is rented, if the tenant leaves the house as clean as he leaves, he/she can take his or her deposit. And the deposits should not be higher than the maximum 3-month rent.
If you have further questions about landlord and tenant law or a specific problem you may contact us.
Time Effect
The tenant does not have to deliver the house as rent. Although maintenance, cleaning, and fixtures should be delivered in the same way, it is not responsible for the effects that wear out over time.
No Termination Required
Between tenant rights, there is no need to terminate the contract if the contract expires or the tenant wants to exit. If the tenant has lived in the property with care, he can end the process without the need for termination.
Urban Transformation
Obligations of landlord and tenant: If the tenant is evacuated by the transfer of the leased property to urban transformation, he can receive a 2-month rent allowance from the state. Tenants’ right to know is the right to get a 2-month rental fee.
To simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of landlord and tenant.
The area of landlord and tenant law involves the rights, responsibilities, and obligations of tenants and landlords.
What includes basically the landlord and tenant law of Turkey?
The tenant’s obligations are clearly and clearly stated in the law, although not as much as the lessor’s obligations;
If the lease payment date is not specified in the lease agreement or there is no general practice in the area where the property for sale in Istanbul or throughout Turkey is located, the lease is paid at the end of each month.
Turkey landlord and tenant law: If the tenant does not pay the rent or other expenses that he/she has to pay, the lessor may terminate the lease.
What are the obligations of the landlord and tenant? – The tenant has to obtain written permission from the lessor for the changes to be made to the rented one.
The tenant has to hand over the house in the same way he has received it. However, it is not responsible for wear and tear due to use.
Another basic obligation related to the tenant, which is included in both the law of debts and other related laws, is to pay the necessary attention to the rented real estate and to make a good night by observing the rights of the residents. Otherwise, the lessor has the right to terminate the lease unilaterally.
What are the most important obligations between landlord and tenant in Turkey?
The responsibilities of both the tenant and the landlord are determined within the framework of the law during the home rental process. With Law No. 6098 under the Law of Obligations renewed in 2019, these responsibilities and tenant rights are clearly stated, apart from mutual special agreements.
The rights and obligations of both tenants and landlords are clearly stated in the lease. Items can be added to the standard lease contracts according to the special requests of the landlords. For this reason, it is essential to read the rental contract in detail when renting a house.
Can the landlord or tenant terminate the contract unilaterally?
The rights and obligations of landlord and tenant. – A lease agreement is signed in order to protect the rights of the real estate owner and tenant. The lease contains information that is binding on both sides such as the date of the start of the lease, the rental price, and the duration of the contract. This information also determines the terms of termination of the lease. Depending on whether the contract is definite or indefinite, termination of the lease is carried out in different ways. Termination of the lease can be carried out in two ways, namely notification, and litigation.
According to the 347th article of the Turkish Code of Obligations numbered 6098, the tenant can terminate the lease with a written notification at least 15 days before the end of the contract. Unless notified, the lease contract is deemed to be renewed for a period of 1 year. The real estate owner, on the other hand, cannot terminate based on the termination of the contract.
The respective obligations of landlord and tenant with respect to maintenance and repair are typically addressed in their lease agreement.
In order for the real estate owner to terminate the lease, the lease must have completed 10 years. In every 1 year following 10 years, which is also called the extension period, 3 months before the end of the contract, the tenant can request to leave the house. In indefinite-term contracts, the tenant can always terminate the lease, while the real estate owner must wait 10 years after the lease contract.
The full definition of obligations of landlord and tenant. – The lease contract may be terminated by filing a lawsuit for reasons arising from the current owner of the house, the new person who bought the property, or the tenant. According to Article 350 of the Turkish Code of Obligations numbered 6098, in cases where the real estate owner needs to use it as a residence or workplace, or in cases of reconstruction and repair of the real estate, the lease contract can be terminated.
Simplify rights and obligations of landlord and tenant. – If the need to use the house arises when another person buys the property, he may terminate the lease. The new owner of the property must notify the tenant within 1 month, starting from the date of purchase, and request the termination with a lawsuit to be filed 6 months later.
Which penalties are applied by the government when the conflict occurs between landlord and tenant?
Other obligations of landlord and tenant. – Contracts can only be drawn up and signed between the landlord and the tenant, as well as in the presence of a notary public. However, in some cases, there may be a need for additional protocols. In such cases, the contract can be rearranged or an additional protocol can be made to the existing contract. While the contract is drawn up, a copy must be prepared for both parties. Copies prepared must be kept by both the tenant and the landlord.
How does the rental process work between landlord and tenant?
Implied obligations of landlord and tenant as to repair and fitness. – The lease can be prepared using examples found on the internet or at some points such as stationery, or it can be prepared exclusively by the property owner or the persons whose power of attorney is given by the property owner. These three items are sufficient to make a rental agreement. After the lease agreement is drawn up and signed, one copy remains with the landlord and one copy remains with the tenant. The lease contract consists of 3 parts:
The part where the rental information is located in the area where the type of the property, the address, and the contact information of the property owner. Here, there is also information such as the beginning, end, and rental price of the rental process.
Obligations of landlord and tenant in Istanbul. – The fixtures in the leased property, that is, the items inside the house, the subscription counters and the mailbox, and the key are also included in the lease contract. The authority to sign in the lease is with the owner and tenant. The property owner can transfer his or her signature authority to someone else through a power of attorney. The tenant, on the other hand, can sign someone else by the power of attorney if the landlord agrees.
