The rights of the lessor in Turkey

Both the tenant and the landlord are concerned about knowing their rights, the precautions that harm the right of each of the two parties towards the other, and other matters that we talk about in a separate article.

What are the rights of the lessor in Turkey?

The law stands with the property owner in his right to financially benefit from his property following the laws regulating this, in addition to his right to preserve the property against the neglect of the latecomer. Therefore, among the most important rights of the landlord:

• Receive the rent on time (monthly or annually according to the agreement concluded) without harmful delay.
• The property owner has the right to terminate the lease contract in the event of non-compliance with the payment terms and dates.
• The property owner may claim his property in the event that it is proven that the tenant has neglected and used the property in violation of the agreement.
• The property owner has the right to demand the tenant compensate for the damages received on the property or deduct it from the insurance amount.
• Annually raising the property rent based on the determinants adopted by the Turkish government in estimating the rates of increase on lease contracts.

What are the duties of the lessor in Turkey?

The landlord must also abide by the following:

• A pledge to pay all dues, insurances, and taxes related to the property.
• Repair and maintain all faults in the property before handing it over to the tenant.
• A landlord who wants to vacate his property must inform the tenant 3 months in advance.

When is the landlord in Turkey entitled to evict the tenant?

The Turkish law has identified some points that allow the landlord to evict the tenant from his property by force of law, which is determined as follows:

Unless the parties to the contract wish to renew the contract concluded between them, the contract expires with the expiry of the period stipulated first, and thus ends the period of the tenant’s use of the property, and he must leave it.

The landlord also has the right to terminate the lease contract and evict the tenant by force of law, in the event the tenant fails to make the payments due to him, against the presumption of preventing the landlord from the right to financial benefit from his property.

But this is determined according to certain conditions:

• Unless legally agreed upon with the tenant before selling the house, an explanation must be added in the title deed based on the lease contract concluded with the tenant, otherwise, a notification must be sent to the tenant within a maximum period of one month from the date of transfer of ownership of the property.
• In case a notification is not sent to the tenant within one month of the transfer of ownership, this means an implicit acceptance of the validity of the lease contract signed with the previous owner before the sale.
• In this case, the tenant can stay in the property 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, unless a new lease agreement is agreed upon.
• In the event of an agreement in advance with the tenant, it is not necessary to specify a deadline for moving out, but provided that this legal agreement with the tenant is written in the presence of two witnesses.
• Then the owner of the old property must transfer the security deposit to the new owner.
  
  

The owner of the property has the right to carry out the necessary repairs to his property or to restore and rebuild it to preserve the value of the property. In this case, the property owner is not entitled to rent his property to anyone other than the last tenant.

Turkish law allows the property owner to terminate the lease contract concluded with the tenant in the event that he or one of his first-degree relatives needs the property, and in this case, also, the property may not be rented for a period of three years.

What are the legal ways to evict the tenant in Turkey?

The landlord is not entitled to remove the tenant from his leased property except by virtue of a judicial order, and based on evidence to be submitted and presented to the competent authorities in adjudicating in such cases.

Therefore, in the event that the tenant does not leave by mutual consent based on one of the five aforementioned items; the property owner must take the legal course by filing an eviction lawsuit.

How does the lease contract guarantee the rights of both the landlord and tenant in Turkey?

The lease does not acquire its full legal capacity unless it is confirmed by the notary, or what is known in Turkey as the Notary.

The contract should also be detailed and fulfill the full legal requirements, including the information of the property owner and the tenant, the amount of the monthly or annual rent in local currency, the full description of the property, and its location with the signatures of both parties.

Edited by Gars Consulting Company ©

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