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Real Estate Rental Law in Turkey

Posted by greaterturkeyofficial on 21/08/2022

Real estate rental law in Turkey includes many details that many foreigners residing in Turkey have no idea about in the case of renting or leasing real estate. Recently, there have been some updates in this regard.

We have prepared this article in order to clarify all the details related to the law of real estate rental in Turkey, and we will talk about rights and duties of both the lessee and the lessor, and we will also mention major points that must be present in the lease contract.

Real estate rental law in Turkey

Real estate rental laws in most countries are similar in principle and purpose, and the rental law in Turkey revolves around handing over the property to a person, to use it for a specified period in return for clear dues, and all details have been clarified in Law No. 6098 of Turkish legislation.

Terms and conditions of the contract are determined based on the agreement between the lessee and the lessor, through formal contracts available anywhere, without the need for an official platform or government entity, and now let’s get to know the rights and duties of both parties.

Rights and duties of the lessor

After signing the apartment rental contract, landlord must abide by the following:

  • Landlord is not entitled to evict the tenant during the term of the contract, and he must abide by the terms of the contract until the term of its expiry, and then submit a written request to the notary, provided that the request includes convincing reasons to evict the tenant.
  • Landlord cannot raise the rent at will as the increase must be based on percentages determined annually and exclusively by the Turkish Statistics Authority.
  • Landlord is obligated to pay most of the expenses related to the property, such as official taxes and others.

Rights and duties of the landlord

  • Full commitment to pay all monthly dues on time.
  • Maintaining the property in general and protecting it from damage.
  • If the property is within the residential complexes, you must commit to paying its expenses, such as bills and service charges.
  • Tenant cannot change the structure of the property, except with a direct written permission from the owner.

Main points that must be included in the lease contract

Both parties’ data

The personal data of the two parties must be written in the lease contract, by writing the name with the surname and the national number if any, and in the absence of it, the passport number can be used.

Value of the dues

There are dues that must be mentioned when renting the property, which are as follows:

  • Value of the rent agreed upon on a monthly basis.
  • Required deposit value for the apartment, in case the tenant fails to pay.
  • Full annual total value of the rent.
  • increase in rent must be recorded, which is usually based on the rate of inflation.

The clear address with the duration of the contract

The address must be written clearly in the lease contract, by mentioning the name of the region, the locality, the avenue, the street number and the property number, as well as the term of the contract, which is usually one year based on the law of real estate rental in Turkey, and it can be increased according to the agreement.

Details of the property use and how to pay the dues

Mixed-use real estate. Therefore, it is necessary to clarify the type of use of the property, the payment mechanism, and the method of transfer. However, this cannot be violated by the tenant, in order not to be exposed to the termination of the contract and leave the property, all this must be mentioned within the terms of the contract.

How is the lease contract terminated?

Lease contracts expire upon an official notification by a notary to the lessee, within the last 15 days before the expiry of the contract, and if this period is exceeded, the lease contract is automatically renewed for a period of one year.

In the event that the tenant does not move out, a lawsuit is filed that includes the reason for requesting to evict the tenant, as well as the purpose of using the apartment.

The tenant can also be evicted when the ownership of the property is transferred from one person to another, by notifying the tenant by the new owner, with a three-month grace period for the tenant, and in the event of any breach of the terms of the contract, the tenant is evicted through a lawsuit.

In summary, renting or leasing a property in Turkey is a very sensitive process, where attention must be paid to the smallest details, because the law always protects the tenant, and so we hope that we have provided you with the most important data that you should pay attention to, and for further assistance, we will be pleased to contact you.

Greater Turkey is proud to offer you its consultancy services in the fields of real estate investment and legal advice with long experience that guarantees a safe and successful investment. All you have to do is contact us through the links available on our website.

Edited by: Greater-Turkey ©

Source: Sources of Legislation in Turkey

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