In real estate rental transactions in Turkey, the parties sign a contract between them based on the agreement they have made.
A rental contract is a contract in which the owner undertakes to leave the use of a real estate or to benefit from it together with the use to the tenant, and the tenant undertakes to pay the agreed rent in return.
The rental contract contains information about the rented property, such as the rental price, the rental period, and the date of payment of the rental price.
With the start of the rental period, some rights and responsibilities of the parties arise towards each other.
So, what are the homeowners' rights? Can the homeowner sell his rented house? What can the homeowner do if the tenant does not pay the rent? Here are the owner rights in 25 questions in full detail...
The homeowner has the right to raise against the tenant within the limits determined by the law and to demand the eviction of the tenant in case of the reasons specified in the law.
The fact that the house is rented does not prevent it from being sold. The tenant is obliged to allow the homeowner and the 3rd person designated by him to visit the rented real estate to the extent necessary for maintenance, sale, or subsequent rental.
Tenants' responsibilities include a duty to use the property with care and to respect the neighbors. Accordingly, the tenant is obliged to use the rented real estate with care in accordance with the contract and to show the necessary respect to the people living in the rented real estate (if the property is rented for 2 or 3 people together) and to the neighbors.
If the tenant does not use the rented property with care in accordance with the contract; the homeowner can send a warning letter for at least 30 days in the rental of residences and roofed workplaces that the contradiction will be corrected, otherwise he will terminate the contract.
If the tenant does not pay the rent after the delivery of the rented real estate, the homeowner should send a warning letter to the tenant and give him/her a period. If the rent is not paid within this given period, the homeowner can declare that he will terminate the contract.
This period is at least 30 days in real estate rentals; this period starts to run from the day following the date of written notification to the tenant.
If the tenant evacuates the rented real estate without complying with the contract term or the termination period, the debts arising from the rental contract continue for a reasonable period that the rented property can be rented under similar conditions.
If the homeowner finds a new tenant who can pay for the real estate to be rented and is ready to take over the rental relationship, the tenant's debts arising from the rental contract expire.
If the tenant becomes bankrupt after the delivery of the rented property, the homeowner may request security for the rental amounts to be processed.
The homeowner gives an appropriate time in writing to the tenant and the bankruptcy desk to provide security in the event of the tenant's bankruptcy. If no assurance is given within this period, the homeowner has the opportunity to terminate the contract immediately without complying with any termination notice period.
The tenant or homeowner may terminate the contract by complying with the legal termination notice period, in case there are important reasons that make the continuation of the rental relationship unbearable for him.
If the homeowner terminates the contract in case of intolerance, the judge decides on the monetary consequences of the extraordinary termination notice, taking into account the situation and conditions.
If the tenant is obliged to assure the rental contract, this amount cannot exceed the three-month rental fee.
The homeowner may decide to give money or valuable papers as security. In this case, the tenant deposits the money in a savings account and deposits the valuable papers in a bank, not to be withdrawn without the consent of the homeowner.
The bank can only return the guarantees with the consent of the homeowner and the tenant, or with the finalization of the execution proceeding, or based on a finalized court decision.
If the homeowner has not notified the bank in writing that he or she has filed a lawsuit against the tenant regarding the rental agreement or initiated proceedings through enforcement or bankruptcy within three months following the expiry of the lease, the bank is obliged to return the security upon the tenant's request.
If no agreement has been made by the parties in this regard, the rent increases are made according to the 12-month average of the CPI.
If the person who subsequently acquires the rented real estate must use it for himself, his spouse, descendants, descendants, or other persons whom he is obliged to take care of by law, due to housing or workplace needs, on condition that he notifies the tenant in writing, within one month from the date of acquisition. It can end with a lawsuit filed after a month.
The homeowners undertake the compulsory insurance, tax and similar obligations regarding the rented real estate unless otherwise agreed.
Yes, the homeowner is responsible for the defects of the leased property. What is meant by shame; is the situation where the rented real estate is partially or completely not suitable for use as intended by the contract.
If the rented real estate becomes defective later, the tenant may request the homeowner to rectify the defects or to make a reduction in the rental price proportional to the defect or to repair the damage.
The lawsuit filed by the tenant or the homeowner upon the re-determination of the rental amount is called the rent determination lawsuit. Both tenants and landlords can file a rent determination lawsuit in the Magistrate's Court.
Rental fees are paid within the days specified in the rental contract. If the rental payment dates are not clearly stated in the rental contract, the rental fee is paid until the evening of the fifth day of each month. The rental contract is regulated in the Turkish Code of Obligations and the law imposes some rights and obligations on both parties.
According to Article 313 of the Turkish Code of Obligations, the tenant is obliged to pay the rental amount on the date specified in the rental contract. With the non-payment of the rent, the tenant will be in default and the necessary legal basis for eviction will be established.
According to the Law of Obligations, which regulates the rental law, homeowners cannot evict their tenants whenever they want. However, the tenants can be evicted through a lawsuit if the justified reasons specified in the law occur.
According to the Turkish Code of Obligations (TBK) Art. 350, the homeowner who rented the property; If he must use it for himself, his descendants, spouses, descendants or dependents due to the need for a residence or workplace, he may terminate the rental contract with a lawsuit to be filed.
If the house vacated by the tenant is re-rented with high rental prices due to excessive rent increases in the region, and if the tenant who vacated that house has also rented a new house with the same high amount, he may request the three-year difference between the rent of the house he left and the rent of the house he has just rented as compensation.
According to the information given by Lawyer Ahmet Onur Gultekin, eviction proceedings can take 6 months to 1 year, given the workload of the courts in Istanbul.