The rights of the tenant Turkey

Comprehensive details on the subject of rents in Turkey through Gars Consulting Company, follow the details with us.

What are the rights of the tenant in Turkey?

The tenant is the legal name of the person who resides on certain property in return for a specified fee, and the lessor is the person who offers his property to live in return for a certain fee. The personal identity of the parties to the contract, in which the rent value and other information related to the property and insurance are recorded.

Each of the parties to the contract has rights that it enjoys, and duties that must be adhered to, as the rights of the tenant in Turkey can be listed as follows:

• Failure to comply with penal requirements in the event of delays in the payment of the rent, but the lessee is given a certain period of time until the house's rent is paid.
• The right to live in the house until the expiry of the contract term, with the possibility of extending it for another year.
• Demanding repair of faults that cause damage to the tenant after receiving the property.
• In case the landlord does not repair the faults that hinder the general life in the house, the tenant has the right to terminate the lease agreement.
• The right to recover the insurance value paid by the tenant to the property owner in the event that the property is delivered in the form received at the beginning of the contract.
• The right not to write any clause that violates the terms of the contract or causes any harm to the tenant in the lease agreement.
• The right not to rent out the rented house or to introduce any other person to the lease agreement without the written consent of the tenant.
• The possibility of claiming to benefit from the items in the rented house.
• The right to receive the leased property on the date agreed upon in the lease agreement.

What are the duties of a tenant in Turkey?

After learning about the rights that tenants enjoy in Turkey, we talk about the duties that tenants must abide by, which are as follows:

• The tenant is obligated to inform the property owner of the problems that are reported to him by the construction board management.
• Commitment to pay the rent according to the agreement concluded in the contract without delay.
• Maintaining the integrity of the property and all items delivered therein.
• It is necessary to repair any malfunction caused by misuse.
• Not to change the properties of the property without the written permission of the landlord.
• The tenant may not lease the leased property in part or in full to third parties.

cases that landlord has the right to evict the tenant?

In case the tenant fails his duties, the landlord (lessor) can demand that he be evicted from the house. There are also some cases in which the landlord has the right to evict the tenant, which is as follows:

• Expiry of the lease term.
• The landlord has the right to evict the tenant if he wants to sell the property, but notification must be sent to the tenant within a maximum period of one month from the date of transferring the ownership of the property.
• The landlord has the right to carry out the necessary repairs or reconstruction to preserve the value of his property, but in this case, it is forbidden to rent the property to anyone other than the old tenant, and this prohibition is valid for three years.
• The landlord has the right to evict the tenant in the event of repeated delays in paying the rent.
• The landlord can terminate the lease contract if he or one of his first-degree relatives needs the property for the purpose of housing, and in this case, he is not entitled to rent this property to a tenant other than the old tenant for a period of three years.

cases that landlord is not entitled to evict the tenant?

In case the tenant complies with the laws stipulated in the lease contracts and is provided that the duties that the tenants are bound by are not violated, the property owner is not entitled in any way to evict the tenants from the homes in Turkey. Therefore, the landlord will not be able to illegally evict the tenant unless there is a justifiable reason to do so.

How to act if the landlord evicts the tenant illegally?

It is known in Turkish laws that the landlord has no right to evict the tenant except by court order, and as long as the tenant’s exit process is illegal, and without prior approval for that, the tenant has the right to refrain from leaving based on his right to housing.

Based on the laws stipulated in the lease contracts, no eviction can be considered legitimate unless it is accompanied by alternative insurance that guarantees the right to adequate housing, and the tenant cannot be subjected to pressures that compel him to vacate the house. In some cases, they pose a threat, which may lead to the legal prosecution of the owner.

What is the annual rent rise rate? How is it determined?

The Turkish Statistics Authority has determined the increase in rents for July of 2022 year by 44.54%, and this percentage of the increase is determined based on the average inflation figures for a period of 12 months. It is indicated here that no landlord can increase the annual rent rate more than the mentioned percentage, otherwise, he will expose himself to legal accountability.

An important note in this context:

Due to the high rates of inflation to unprecedented numbers, and the significant increase in house rents in Turkey during the current year, a new amendment was approved regulating the rate of increase in rents in Turkey. According to this amendment,

the percentage increase in rental contracts that are signed starting from July of the current year 2022 and extended until July of the next year 2023 by 25% only. This amendment includes lease contracts that will be signed or previously signed, especially those who have reached an extended period between their first and fifth year in their lease contracts.

Edited by Gars Consulting Company ©

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