The lease agreement can be made for immovable properties such as residences and workplaces, as well as for movables. The tenant rights mentioned in this article are regulated exclusively for “Residential and Roofed Workplace Lease Agreements“.
What are Tenant Rights in Turkey?
A residential and/or roofed workplace lease agreement is a typical type of contract that imposes debt on both parties. The validity of residential and roofed workplace lease agreements is not subject to any conditions. Therefore, it is also legally valid if it is done orally. However, there are proof problems in unwritten lease agreements.
The rental agreement regulates the rental relationship. Therefore, the tenant’s rights will actually be determined according to this lease agreement. For example, issues such as rental fee, contract period, default interest, rent increase rate will be understood from the contract. However, the Turkish Code of Obligations will apply to matters not agreed upon in the contract and verbal leases.
I. Rights of the Tenant regarding the Rental Fee and the Increase in the Rental Fee
1. Don’t Deduct the Rental Fee.
At the beginning of the rental agreement, the rental fee will be freely agreed upon by the parties. The tenant is obliged to pay the rent in full and on time as specified in the contract.
The tenant is responsible for the deduction made by the bank when paying the rent. Additionally, there should be no deductions from the rental fee for expenses incurred in the rented property. For example, if there is an expense for the maintenance of the boiler, this fee should be requested separately from the lessor. Underpayment of rent may result in the eviction of the tenant and/or the repeated payment of the same amount. Regarding incomplete or non-payment of rent, “Tenant Eviction Case Due to Non-Payment of Rent in Turkey” You can read our article.
The rental fee can only increase at the legal rate in the new lease period. The lessor may request the determination of the rental fee for lease agreements that have expired for 5 years.
2. Pay the Rent on Time.
Payment of the rental fee can be monthly, 3-monthly, 6-monthly or annually. In this case, the rent must be paid as stated in the contract.
Monthly payment of the rent agreed to be paid annually in the lease agreement will result in underpayment of the rent. Enforcement proceedings may be initiated against the tenant.
If the payment terms in the written lease agreement with the lessor have been changed for the new year, the written agreement must be revised or a new agreement must be made. Because it will not be possible to prove the issues agreed orally in court. The side with strong evidence wins. It should not be forgotten that; The cases of people who trust each other are heard in the courts.
The start date of the rental agreement has no effect on the time of payment of rent. In other words, if the start date of the rent is 20.01.2024, it does not mean that the rent will be paid on the 20th of each month. The important thing is whether there is a condition regarding when the rent will be paid. Regarding when the rent will be paid, “When Should the Rent Be Paid?” You can read our article.
Once the lease agreement is made, there is no need to re-sign it every year. The written lease agreement will be renewed for one year unless terminated by the tenant at least fifteen days in advance. However, re-executing the written lease agreement every year starts the ten-year extension period from the beginning. This is in favor of the tenant.
3. Tenant Rights Regarding Rent Increase Rate
In residential and roofed workplace lease agreements, the rent increase rate for the renewed lease period is valid provided that it does not exceed the increase rate in the twelve-month consumer price index. We call the increase rate in the twelve-month consumer price index the ‘legal increase rate’. (This rate is the ‘Producer Price Index’ until January 17, 2019.) Article 344 of the Turkish Code of Obligations is relatively mandatory.
If there is a written lease agreement between the parties, and if there is an increase rate in the agreement, the rate in the agreement will first be checked. If the rate agreed in the contract is lower than the legal increase rate, the rate in the contract is valid. For example, if the annual increase rate is determined as 10 percent in a contract regarding housing rent, if this rate is low, the increase will be made according to this rate. However, if the twelve-month rate of change in the consumer price index is 9 percent, 9 percent is applied. In summary, what is in favor of the tenant is applied.
If the lease relationship between the parties is established verbally or if there is no increase provision in the written contract, as a rule, the tenant is not obliged to make an automatic increase for the new period. The lessor will need to file a lawsuit to determine the rental price in accordance with Article 344 of the Turkish Code of Obligations. However, our recommendation is to increase the legal rate even if there is no increase provision in the contract. Because, as a result of the lawsuit filed by the lessor, you may have to pay attorney fees and litigation expenses.
In case of renewal of the lease agreement, the parties may re-determine the rental fee for the new period – the increased rental fee – at their own will. If the determined rate will be more than the legal rent increase rate, it would be beneficial for the tenant to make a written lease agreement with a starting date for the renewed period. Because, if the rental fee is more than the legal rate, the 5-year period for determining the rental fee will be renewed.
Regarding the rent increase of the lessor; He/she does not have the right to say things like “..I made your rent 10 thousand liras,..if you do not agree, leave..” If the lessor persistently disturbs the tenant, it may constitute the crime of “Disturbing the Peace and Tranquility of Persons” regulated in Article 123 of the Turkish Penal Code.
II. Tenant’s Right to Terminate the Lease Agreement
The tenant may terminate the contract by giving written notice at least fifteen days before the end date of the contract. This right is given exclusively to the tenant. The lessor does not have the right to terminate or evacuate based on the expiration of the contract.
However, if the tenant has given an eviction notice to the lessor, he is obliged to return the rented property at the latest on the eviction date. You can find detailed information about the eviction commitment in our article “Evacuation Commitment“.
Can a 1-Year Tenant Be Evicted in Turkey?
In residential and roofed workplace lease agreements, the lessor does not have the right to evict since the agreement is automatically renewed. The tenant will be able to continue the rental relationship by paying the increase in the contract.
The tenant who fully fulfills his contractual obligations has the right to use the property for at least 12 years in fixed-term contracts and ten years in indefinite-term contracts.
You can find detailed information about the reasons for tenant eviction in our article “Reasons for Tenant Eviction“.
III. Rights of the Tenant in Terms of the Period of Use of the Leased Property
In residential and roofed workplace lease agreements, a distinction will be made between fixed and indefinite term contracts in terms of lease duration.
In fixed-term contracts, if there is no breach of contract by the tenant; The rental period will be + 10 years + 1 year right of use. To give an example, let’s assume a lease agreement that starts on 15.01.2024. Let the duration of the contract be 1 year. In this case, the tenant has the right to use the leased property until 15.01.2036.
IV. Tenant Rights in Terms of Suitability of the Leased Property
The most important of the tenant rights is the requirement that the rented property be kept in a “suitable” condition.
In residential and roofed workplace rentals, the lessor must ensure that the rented property is “suitable”. The obligation to keep it in good condition is valid throughout the lease period. This obligation also includes the furniture and fixtures provided with the house.
If the leased property is not suitable for use, the lessor will have to correct this deficiency. In such a case, the tenant should first contact the lessor. It would be appropriate to issue a warning if the lessor does not correct the deficiency and keeps it procrastinating. If the deficiency is not corrected despite this warning, evidence will be determined. The tenant will be able to correct the deficiency himself and claim the money paid for this from the lessor. During this process, the tenant may refrain from paying the rent. However, we do not recommend this due to the risk of eviction. The rental fee is paid with a reservation; It would be more appropriate to request the return of the rented property for the period in which it was not used.
The explanation we made above is also valid in this section. If the tenant makes deductions due to deficiencies in the leased property, he will face the problem of proof.
V. Tenant’s Rights in Case of Leased Property Changing Hands in Turkey
If the residence or roofed workplace changes hands for any reason, the lease agreement does not end. The lease agreement continues with the new owner under the same conditions. T he tenant is not obliged to vacate the property if the leased property changes hands.
The reason why the leased property changes hands may be the death of the owner, the sale or donation of the leased property. T he law states that the contract will continue with the new owner regardless of the reason why the leased property changes hands. (* The only exception to this situation is if the leased property is seized and sold by tender in accordance with the Enforcement and Bankruptcy Law. There is a special procedure in the Enforcement and Bankruptcy Law regarding the eviction of the tenant from the leased property sold by tender within fifteen days.)
If the leased property is transferred to the new owner, the tenant can only be informed about this situation through the title deed. The tenant has no obligation to question whether the leased property has changed or not. The new owner will need to give written notice to the tenant. Otherwise, the tenant must pay the rent to the old owner.
If the new owner needs the leased property, he/she will need to inform the tenant of the situation with written notice within 1 month. It is mandatory that the notice in question be notified to the tenant within 1 month. Accordingly, if the new owner does not evacuate the leased property, the new owner may file an eviction lawsuit. However, in this case, the new owner will have to prove that the need is real, sincere and mandatory.
The new owner does not have the right to change the rental price. The rental fee, payment method and increase rate in the current lease agreement are also valid for the new owner.
VI. Tenant Rights in Case of Early Delivery of the Leased Property
If the tenant wants to return the rented property before the end of the rental agreement; will be liable to pay rent for a reasonable period of time. An exception to this situation is regulated by law.
If the tenant informs the lessor that he is ready to conclude a contract with a new tenant under the same conditions as the current lease agreement, then the obligation to pay rent for a reasonable period of time is eliminated.
VII. Dues and Side Expenses
The tenant is obliged to pay side expenses in addition to the rental fee. However, ancillary expenses can only be expenses arising from the use of the leased property. For example, insurance or compulsory renovations to the main property where the rented property is located are not considered as use. Therefore, the lessor is responsible for liabilities such as insurance and property tax.
According to the Turkish Code of Obligations, ancillary expenses and common expenses within the scope of the Condominium Law are different from each other. However, the tenant will not be responsible for any incidental expenses exceeding the rental fee, even if they are due to the use of the leased property.
For detailed information about tenant rights in terms of dues and side expenses, see “What Can Be Done About Tenants Who Do Not Pay Dues?” You can read our article.
VIII. The Lessor Should Not Disturb the Tenant.
The lessor; Constantly calling the tenant, sending messages, or going to the tenant’s door may constitute a crime of Disturbing the Peace and Tranquility within the scope of the Turkish Penal Code.
T he tenant has no obligation to communicate with the lessor. Not responding to messages or calls is not a nice behavior. However, what is important in the eyes of the law is that the tenant acts in accordance with the contract.
The tenant; If the person causes discomfort to the lessor, his/her relatives or neighbors, causes trouble or commits a crime against them, this may be a reason for termination of the lease and eviction. Another reason would be deliberately damaging the leased property or making changes to the leased property without the written permission of the lessor.
Subletting the leased property without the written permission of the lessor will also constitute a breach of contract. However, the tenant’s friends and relatives living in the rented property temporarily or permanently is not considered a sublease.
Tenant; must also comply with the management rules of the public housing or industrial zone where the rented property is located. For example, persistent problematic behavior contrary to the decision of the site management may result in termination of the contract.
IX. Delivery of the Rental and Refund of the Deposit
Both the tenant and the lessor must make a written “Key Delivery Report” upon delivery of the leased property. The tenant has the right to request a key delivery report before handing over the keys. Otherwise, the tenant should not hand over the keys of the rented property. For; Return of the leased property and termination of the contract must be made in writing. In case of delivery that is not in writing, the tenant may have to pay additional rent.
At the time of signing the key delivery report, the tenant may request the return of the deposit from the lessor. However, according to the law, the lessor’s obligation to return the deposit is within three months at the latest from delivery.
The tenant does not have the right to deduct the final rental fee(s) from the deposit unless there is a written agreement. If the parties settle this issue with a written agreement, then there will be no problem.
The issue of dispute in the delivery of the leased property arises from the painted/whitewashed delivery. Even if it is stated in the rental agreement that the rented property is painted and painted, the tenant is not responsible for any wear and tear resulting from use.
You can find detailed information about the delivery of the leased property and deposit refund in our article “Key Delivery Report and Delivery of the Leased Property”.
Contact us to get detailed information about tenant rights.
Memduh Remzi BAL
Attorney at Law | Lawyer in Turkey
Landlord Tenant Attorney Services
Call us : +90 212 909 86 34
Send mail : info@ballawfirm.com
