In the world of real estate in Turkey, the tenant has rights and duties that he must know well to ensure a stable residential life and correct legal relations with the landlord. In this guide, we will carefully review the rights and duties of a tenant in Turkey, as well as the situations in which a landlord can legally evict a tenant.
1- Tenant rights in Türkiye:
When a tenant and lessor enter into a lease, each party acquires legal rights and duties. Tenant rights in Türkiye include:
- The right to safe housing: The tenant has the right to live in the rented house until the end of the contract period.
- The right to maintenance and repairs: The tenant can demand the repair of faults that hinder the functioning of his daily life in the house, and if the landlord does not carry out the repairs, the tenant has the right to cancel the contract.
- The right not to rent to other people: The tenant can prevent the landlord from renting the house to other parties without his written consent.
- The right to recover the insurance: The tenant can recover the insurance value he paid at the beginning of the contract if the house is delivered in good condition at the end of the contract.
2- Duties of the tenant in Türkiye:
In addition to tenant rights, tenants must adhere to some duties, namely:
- Reporting problems: The tenant must inform the landlord of any problems he is exposed to in the house.
- Payment of rent on time: The tenant must pay the rent according to the agreement concluded in the contract without delay.
- Maintaining the property: The tenant must maintain the integrity of the house and all items delivered in it.
3- Cases of tenant eviction in Türkiye:
The landlord has the right to evict the tenant in some cases, which are:
- Expiration of the contract term: The landlord can evict the tenant upon the expiration of the contract term.
- Selling the property: If the landlord wants to sell the property, he must send notice to the tenant in advance.
- Late rent payment: In the event that the tenant repeatedly delays paying rent.
4- Illegally evicting a tenant:
According to Turkish laws, the landlord has no right to evict the tenant except by judicial order. If the eviction is carried out illegally and without prior consent, the tenant has the right to refrain from moving out based on his right to housing.
5- The annual rent increase rate in Türkiye and its determination:
The Turkish Statistics Authority determines rent increases based on 12-month average inflation figures. The owner must adhere to this percentage, otherwise he will be subject to legal accountability.
6- Do I have the right to evict the tenant after the end of the contract?
Yes, he has the right to evict the tenant in several cases:
- If the tenant signs an eviction pledge when signing the contract, then the landlord has the right to evict the tenant after the end of the lease term.
- If the landlord does not have another place of residence, he can evict the tenant and live in his house, provided that he does not rent the house for 3 years.
- If the landlord has a child over the age of 18, he has the right to evict the tenant to secure housing for his son or daughter.
7- Is the lease contract automatically renewed in Türkiye?
Yes, the lease is automatically renewed for 5 years
8- How much does a homeowner have the right to raise the rent in Türkiye?
The homeowner has the right to raise the rent according to the percentage determined by the state every year, and the homeowner has the right to raise the rent according to the new market value of his property after 5 years from the date of signing the contract for the first time.
9- What do I do if a tenant doesn't pay rent?
A written notice will be sent to him by the notary public, and if he does not pay the rent within the period specified in the notice, he has the right to evict the tenant.
10- How long is the rent payment period?
Usually it is one month, but it is specified in writing in the rental contract by agreement of both parties.
11- How can I evict a tenant without a lease contract?
If there is proof of monthly rent payment, these payments replace the rental contract even if the contract does not exist. However, if there is no proof of payment of rent, the homeowner can evict the tenant by resorting to the competent authorities.
12- When does the lease expire?
In the event of the expiration of the agreed upon period or in the event of failure to pay the rent.
13- What happens when the lease expires?
The contract is automatically extended for a period of five years, taking into account the increase in the rental rate determined by the state.
14- When is the lease terminated?
In the event that the rent is not paid or the house is used for purposes other than the agreed upon purpose.
15- How long does an eviction case take?
It varies according to the evidence and evidence available to each party.
16 How do I file a complaint against a tenant?
It is done either by the judiciary or by the district governor.
17- Who bears the cost of maintenance and renovation of the apartment?
Often, the homeowner takes out a security deposit for the repair and maintenance of the apartment after the tenant leaves, if necessary.
However, if maintenance is required for the house, such as repairs to the infrastructure, the matter is evaluated. If the fault is caused by the tenant’s misuse, the cost of maintenance is paid by the tenant. However, if the reason stems from poor construction or the age of the building, the costs are borne by the owner of the apartment. This is often done by agreement between the two parties.
19- Does the lease contract need to be notarized?
Yes, it is preferable to have the lease contract authenticated by a notary public in the presence of both parties to the contract.
Knowing tenant rights and duties in Türkiye is crucial to ensuring healthy and stable residential relationships. Every tenant and landlord must abide by the laws and act in good faith to avoid future problems. We wish you a happy and stable residential life in Türkiye.
Comments