Renting a home in Turkey is a common practice, with nearly one in four households residing in rental properties. However, many tenants are unaware of their legal rights and obligations, leaving them vulnerable to disputes and financial loss. In this article, ER&GUN&ER Turkish Law Firm, a leading Istanbul Lawyer Firm, provides a comprehensive guide to renters’ rights under Turkish law.
Rent Increase Limits in Turkey
Under Turkish law, landlords can normally increase rent based on the 12-month average Consumer Price Index (CPI). However, a temporary legal amendment introduced on June 8, 2022, caps rent increases at 25% annually until at least July 1, 2024. This law applies to residential leases renewed after the publication in the Official Gazette on June 11, 2022.
Tenants unsure about their rent increase legality should consult with a Turkish Lawyer for proper assessment and enforcement of their rights.
Can Landlords File Lawsuits to Adjust Rent?
Yes. Landlords can file a rent determination lawsuit (kira tespit davası) to request an adjustment in rent based on current market values. However, if the lease is less than five years old, rent increases are still limited to the CPI average. After five years, landlords may request a market-based reassessment through the courts.
Key Obligations of Tenants and Landlords
Tenant and landlord responsibilities are governed by the Turkish Real Estate Law. Some of the primary obligations include:
- Tenant: Must pay rent on time, maintain the property, and return it in the condition received, accounting for normal wear and tear.
- Landlord: Must cover structural repairs, taxes, and insurance unless otherwise stated in the lease.
- Eviction: Landlords cannot evict tenants without legal cause before the lease ends unless exceptional circumstances apply.
Legal Protections and Rights of Renters
Turkish law offers renters significant protections, including:
- Right to renew lease under specified conditions
- Right to challenge unlawful eviction or excessive rent increases
- Right to assign the lease or sublet with landlord’s consent
Tenants may terminate the lease unilaterally with proper notice, provided there is no outstanding debt. However, if the landlord cannot re-let the property in a timely manner, the departing tenant may be responsible for ongoing payments until a replacement is found.
Eviction Rules in Turkey
Landlords may only evict tenants before the lease ends if justified by legal reasons, such as non-payment, property misuse, or personal need. If disputes arise, both parties may file lawsuits in the Civil Court of Peace in the jurisdiction where the property is located.
Need Legal Support?
If you're facing a rental dispute or need help drafting a lease agreement, consult Istanbul Lawyer Firm. Our Turkish Law Firm has experienced Turkish Lawyers ready to advise on rental rights, eviction cases, and real estate contracts.
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