Property rental law in Turkey is a governing factor for protecting the legal rights and responsibilities of landlords and tenants. Before entering into a rental agreement, recognizing and understanding this property rental law in Turkey is essential. For this reason, as a Turkish lawyer firm called Istanbul Lawyer Firm, we provide you with all the necessary information about this law, including tenant and landlord law.
Legal Foundations of Property Rental Law in Turkey
Turkish Code of Obligations is the main body that governs property rental law in Turkey and its regulations. It aims to shape the framework for the rights and responsibilities of landlords and tenants. For example, Article 299 outlines the basic principles and rules of the Lease Agreements, while Articles 300-312 addresses rent payments. For this reason, landlords and tenants must be aware of the Turkish Code of Obligations.
Rental Agreement in Turkey
The rental agreement in Turkey is a legally binding contract between a landlord, the property owner, and a tenant, the person renting the property. The conditions and details of the rental arrangement are outlined in this agreement, along with the rights of landlords and tenants.
Necessary Documents
Necessary documents for landlord and tenant are different. Specific document requirements can change depending on the landlord and the rental market. Yet, in general, for landlords, a title deed, bank account information, a residence certificate, a Turkish tax number, and a copy of their Turkish identification card are required. For tenants, a Turkish identification card, a residence permit (if they are foreigners), bank account information, proof of income or employment, and a security deposit are required.
Rental Contract Details
A rental contract must include the names of the tenant and the landlord, contact information, or tax numbers of both parties. Also, in a rental agreement, the amount of the security deposit and rent, the start date and end date of the lease, and the responsibilities of utilities and expenses must be outlined. They must sign and date the rental agreement, and each party must keep a copy of the final document.
Responsibilities of the Parties in the Rental Process
According to the property rental law in Turkey, the tenant and the landlord have specific responsibilities, which must be stated in the rental agreement. Landlords and tenants should familiarize themselves with these responsibilities of property rental law in Turkey to avoid further disputes and ensure a smooth rental process.
Responsibilities of the Lessor
Firstly, the landlord is responsible for keeping the property in good condition, addressing structural problems, and making the necessary repairs. Also, according to property rental law in Turkey, the landlord must inform the tenant about the changes in terms of the lease or rental conditions. The landlord is responsible for returning the security deposit as well.
Responsibilities of the Tenant
The tenant is responsible for paying the rent in full and on time, taking good care of the property, and informing the landlord of any necessary repairs or maintenance issues. Also, except for normal deterioration, the tenant shall return the property to the landlord at the end of the lease in the same condition as when provided. Moreover, if the tenant wants to end the lease, they must give the landlord the proper notice outlined in the rental agreement.
Determination of Rent Fee
Various factors affect the determination of rent fees in Turkey. These are:
- While determining the rent fee this can be a significant factor in determining the rent fee since properties in highly desirable areas, such as city centers or popular neighborhoods, cost higher rents than properties in less central or less sought-after locations.
- Landlords can request higher rent in a competitive rental market with limited demand and supply.
- Newly restored properties may require higher rent fees.
- Due to the added value that the landlord provides in the form of furniture and appliances, furnished properties often have higher rents than unfurnished ones.
Rent Eviction Cases
According to property rental law in Turkey If a tenant fails to pay rent, violates the lease terms, and refuses to leave the property after the lease has ended, landlords can apply legal procedures to evict the tenant. In such cases, there are some steps involved as well. During the hearing in the court, both parties may present their arguments or evidence for their case, and the court will decide.
Termination of Rental Agreement
Terminating a rental agreement in Turkey includes specific legal procedures and conditions to ensure the rights of landlords and tenants are protected. These procedures and conditions may change according to the circumstances and terms outlined in the rental agreement. Yet, in general, it involves a notice period, a written notice, a return of security deposit, and vacating the property.
FAQ About Property Rental Law in Turkey
We have answered all the FAQs about property rental law in Turkey below. If you have more questions, you can always contact our Turkish law firm, Istanbul Lawyer Firm. With our experienced and English-speaking lawyers in Turkey, we provide you with legal consultancy about rental property laws.
What Happens If The Tenant Does Not Accept the Rent Increase?
According to property rental law in Turkey, the landlord has the right to increase the rent, but if the tenant does not accept it, the process for resolving this dispute may usually require legal procedures. Then, the court decides this dispute.
How Much Can the Landlord Increase the Rent?
According to Article 344 of the Law of Obligations No. 6098, an increase in rent agreement between parties is acceptable as long as the growth rate does not exceed the index price 12-month average from the previous renting year.
