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Apartment rentals in Turkey and rental agreement

Posted by admin on December 31, 2022
Variety News
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Many foreigners in Turkey wonders about the mechanism of Turkish law dealing with apartment rentals in Turkey, therefore, it’s necessary to clarify some important points in which anyone interested in renting an apartment in Turkey should know.

Important points that any foreigner should consider when renting a property in Turkey:

  1. The title deed information alongside the property specifications mentioned clearly in the agreement:

It’s important that the size of the property is mentioned in the rental agreement, and it should be compared to the information shown in the title deed,also, it’s necessary that the tenant verifies the owner on the rental agreement is the same owner shown in the title deed, or their legal agent.

  1. Accurate determination to the rental price and the payment date:

One of the important details to consider when signing a rental agreement in Turkey, determining the amount that the tenant will pay as a rent price, and it’s important to determine the amount including the VAT, and write it in the rental agreement clearly so there would be no dispute between the tenant and the property owner, and the bank account details should be added to the rental agreement, and it’s known that in Turkey the rental amount should be paid through the bank or the PTT company.

  1. Determining the deposited amount:

The rental deposit that is stated according to the 342 article from the Turkish debt low should be determined beforehand, and it should not exceed three months rental, It should also be deposited in accordance with legal principles and information on the amount and account added to the rental agreement.

  1. Examining the properties extensions and fixtures:

Before signing the rental contract, the tenant should take a look on the property’s outside and inside structure, and verify the safety of the extensions and the essential fixtures inside the property, and write down all the notes in the property and defects section, which exist in the contract therefore any future dispute will be avoided when giving the property back after the end of the contract.

  1. Agreeing on the royalties payment:

The two parties should agree on all the expenses related to the property, and each party should pay the respective expenses, as it’s known that the tenant is responsible to pay the royalties related to the property usage, and the property owner is responsible to pay the expenses related to the property itself.

  1. The rental contract is automatically renewed, unless the tenant stopped paying the rent:

The tenant can extend their stay period to many years legally, so the property owners should acknowledge all the contract terms.

  1. The contract should be certified by the notary:

It’s good to certify the rental contract in Turkey at the notary as it legally enhances the status of the contract and protects against the possibility of forgery, which gives the tenant a guarantee for their legal rights and gives the property owner the time when the property should be evicted.

Details should acknowledge by the tenant when signing the rental contract:

  1. The tenant should accept written contracts only, and refuse oral contracts.
  2. All the public services related to the property like water, electricity, and natural gas should be registered to the tenant’s name.
  3. The tenant should obtain a mandatory earthquake insurance document with the rental contract at the date of signing the contract.
  4. The tenant should not leave the date of the eviction blank, as it should be mentioned separately.
  5. The tenant should not accept paying any taxes or additional expenses, with the exception of the rent and property usage taxes.
  6. Adding the term stipulating that investment taxes of all kinds resulting from property ownership process must be paid by the owner to the rental contract.

Does the rental contract protect against eviction threat?

Ali Kiraz the legal real estate expert mentioned that the property owners leave the eviction dates blank so they can evict the tenant out whenever they want. But in case all the six terms mentioned in the previous section is determined beforehand in the contract, the tenant can stay in the property for five years from the contract date (renewable) after adding the legal increase to the rental price without the need to be subject to a rental determination lawsuit, and it’s important to pay the rent in Turkey on time.

When does the owner have the right to evict the tenant?

Unless there’s a legal justification for the owner to evict the tenant, the tenant will not face any eviction threat, while the owner can ask for an eviction in case they proved they need the property or if the property is sold to someone who needs it, or if the tenant did not pay the rent for multiple times.

Should the rental contract be short term or long term?

Yuksel, the director of the real estate legal institution mentioned that the long-term contracts are better for the tenant, and the short-term contracts are better for the property owner, Yuksel also clarified that in the case of selling the property in Turkey , the new owner have the right to evict the tenant from the property, also mentioned that royalties concept should mentioned clearly in the rental contract.

What are the expenses that the tenant can deduct from the property rent?

When renting a house in Turkey, any expenses that does not relate to the property usage is legally a responsibility of the owner, and when it’s paid by the tenant, they have the right to deduct them from the monthly rent paid to the owner.

What are the expenses the tenant does not have the right to deduct from the rent?

Unnecessary renovations made by the tenant such as painting the house for cosmetic purposes, or changing the color of the walls, are not an obligation to the owner to pay any expenses resulted by modifications made by the tenant as a desire not a need.

How can the rental deposit be recovered in Turkey?

Rental deposit in Turkey is an amount paid by the tenant to the owner during the whole stay period, and the purpose of it is to pay off the remaining obligations owed by the tenant after handing over the property or in case there are any unpaid obligations like bills and royalties etc. The deposit should be paid back to the tenant when the contract period ends in case the tenant did not do any damage to the property and did not leave any unpaid obligations, and the main condition to recover the deposit of properties in Turkey is the end of the contract.

How the rent increase is done in Turkey?

The rent could not be increased before one year of the contract starting date, that is according to the Turkish law, and it’s recommended to determine the increase amount when writing the contract, the increase is calculated depending on the annual inflation rate and it should be agreed on by both parties. In case the increase amount is not determined beforehand, and the tenant did not agree with the owner on the amount after one year, then the owner can go to the court which the judge would determine the amount after acknowledging the house situation, but the owner cannot evict the tenant.

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