This blog post is on the rights and obligations of landlords and tenants in Turkey. If you are planning to rent property in Turkey we strongly urge you to read this post carefully. However please note that the individual requirements and obligations may differ and may be unique. So this is a general guide. Obeying and honouring the obligations is a legal requirement in a written contract in Turkey and failing to do so will cause legal action to be taken against you.
Owning a house is everyone’s dream, but conditions are not always shaped in the way we want. Finding a house with affordable rent can sometimes make us happy while meeting our most basic need for shelter.
The things we think about when we are tenants and the responsibilities we are prepared to take continue in different ways when we become owners. The liability differences between renting a house and renting a house sometimes cause the rental agreements to become controversial. In this article, we will focus on the responsibilities of the landlord. “Who pays the dues for the house?”, “Who pays for the renovations in the house?”, “Who is responsible for paying the compulsory insurance and similar obligations regarding the rented house?” Answers to the most frequently asked questions are waiting for you.
Landlord’s Responsibilities and Rights to Tenants
The laws of the Republic of Turkey have been created in order to protect both sides of the lease agreements. Since the most important points in the lease agreements are planned for the resolution of a possible conflict, both the tenant and the landlord have mutual obligations. Landlord’s obligations to tenants can be listed as follows:
One of the most important responsibilities of the landlord is to deliver the house to the tenant on the delivery date specified in the rental agreement. The landlord must leave the immovable property to be suitable for use when handing over the house to the tenant.
The landlord is obliged to pay the insurances, taxes and other payments that must be paid for the real estate he rents unless otherwise specified in the rental agreement or provided by the law. The tenant does not make the mandatory payments of the house, so even if mandatory payments are requested from the tenants, there is no payment obligation for the tenants.
The landlord cannot evict the tenant unless there is a justifiable reason during the rental agreement. In such cases, which can cause conflicts in our country, tenants should know their rights and landlords should be aware of their responsibilities. Attempts to evict the tenant from the house within the contractual period, starting with the motto “My son has come from Germany” cannot be realized.
According to the agreement between the landlord and the tenant, if the tenant wants to leave the house and the owner cannot re-rent his house, he can request 3-month compensation from the tenant.
The landlord’s rights are also protected if the tenants do not pay rent. The landlord can send a notice of payment to the tenant from the notary public, and if the tenant does not pay the rent within 30 days after the notice is sent, the landlord can file an eviction lawsuit or initiate enforcement proceedings.
The Code of Obligations has imposed obligations on homeowners in terms of houses undergoing transformation. If the tenant’s house is demolished and rebuilt, the landlord is obliged to invite the tenant to the new house. If the landlord does not comply with this obligation, he pays the tenant a moving fee in addition to the 1-year rental fee.
The amount to be paid per house is covered by the landlord when repairs and renovations such as jacketing, insulation, exterior paint are carried out in the apartment where the tenant resides. In such a case, if the tenant makes the first payment, he can keep the payment receipt and present it to the landlord and deduct his expenses from the rent.
Another responsibility of the landlords is to cover the necessary expenses for the problems that occur in the water or heating installation of the immovable property. If the landlord rents out his house as furnished and the household goods are defective, the payment obligation belongs to the landlord.
The landlord is responsible for covering the damage suffered by himself or by third parties to the rented real estate. Damages not caused by the tenant cannot be claimed by the tenant.
As you can see, landlords have many different responsibilities towards their tenants. As we mentioned in the introduction of our article, our laws also impose various obligations on people in the capacity of tenants. Although the responsibilities of the landlords remain, it is of great importance for the tenants to be aware of their own responsibilities in terms of making the rental processes smooth.
Once a home is rented, the tenant has various responsibilities. If the tenant does not comply with these responsibilities, the landlord may give notice to the tenant or this process may lead to eviction.
The first obligation of the tenant is to pay the rent at the specified time in accordance with the lease agreement.
If there is no specific date in the lease, the rent must be paid at the end of the month and at the latest at the end of the lease term.
Tenants using services (such as central heating) must share in the expenses of the apartment.
If the tenant is going to make changes in the real estate structure, he must obtain written permission from the landlord.
The tenant is obliged to deliver the house as it was received, within the terms of the rental agreement. However, the wear and tear caused by the wear and tear of time are not under the responsibility of the tenants. For example, the tenant cannot deliver a broken cabinet that he bought intact. However, marble, door, etc., whose appearance fades over time or whose joinery wears out. The tenant is not responsible for the renewal of the items.