Landlord Tenant Attorney Legal Services in Turkey & Istanbul
BAL Law Firm provides a “Landlord Tenant Attorney” legal service to assist with disputes related to rental and lease contracts, as well as eviction issues. Our attorneys are experienced in this area of law and can provide the guidance and representation you need to protect your rights and interests as a landlord or tenant.
The most common disputes between landlords and tenants in Turkey & Istanbul
The most common disputes between landlords and tenants in Turkey usually involve the following:
Rent: Disputes may arise between the parties due to disagreements about rent increases or rent increase rates during renewed lease periods.
Eviction Requests: Landlords may request that the tenant vacate the rental property or file eviction lawsuits against tenants who fail to fulfill their obligations as specified in the lease agreement.
Rent Payments: If the tenant fails to pay the rent on time or regularly, the landlord may initiate debt collection proceedings.
Lease Renewals: Disputes may arise between the parties regarding rent increase rates or other leasing terms when lease agreements are renewed at the end of the lease term.
Leasing Terms: Disputes may arise between the parties regarding the fulfillment or interpretation of the terms specified in the lease agreement.
To resolve these types of disputes, it is important for agreements between the parties to be detailed and clear. The preparation of documents such as lease agreements that clearly outline the rights and responsibilities of both parties can facilitate dispute resolution. However, if a resolution cannot be reached, legal remedies may need to be sought.
BAL Law Firm's Landlord Tenant Attorney Services
As BAL Law Firm, landlord tenant attorney services include;
Resolution of disputes regarding the evacuation letter,
Preparing and issuing a Rental Agreement and resolution of disputes,
Eviction cases due to two justifiable warnings,
Lease Determination
Litigation for the determination of the rental prices according to the precedent rental values,
Disputes arising from the application of the rent increase rate,
Eviction lawsuit due to non-payment of rent,
Tenants’ rights disputes against the lawsuits filed by the lessors against the tenants,
Need – eviction cases due to necessity,
Lawsuits for permission to show the rented
Disputes and eviction lawsuits arising from the new owner’s purchase of a tenanted residence or workplace,
Lawsuits arising from rental disputes of commercial companies and merchants,
Identification of evidence for disputes arising from defects in the rented house or workplace,Process management for the delivery of the leased item,
Lawsuits regarding the determination of the place of deposit for the payment of rental fees,
Enforcement proceedings and collection due to non-payment of rental fees,
Evacuation due to non-payment of rental fees (Example No: 13) enforcement proceedings management,
Annulment of objection and eviction cases (Executive Law Courts)
Annulment of objection and eviction cases (Civil Courts of General Jurisdiction)
Enforcement proceedings for the evacuation of the leased
We provide resolution of disputes such as
What Should Be Considered When Choosing a Landlord Tenant Attorney?
In Turkey, lawyers who obtain a license and register with a bar association are able to resolve any legal dispute without any limitations. Therefore, lawyers are not required to obtain any “specialization” to resolve disputes in specific legal areas.
However, legal fields are very vast and each area contains its own rules. Therefore, lawyers should strive to specialize in the legal areas in which they excel.
A rental law attorney is expected to have a deep understanding of the Turkish Law on Obligations and the Law on Enforcement and Bankruptcy, with regards to their expertise. This knowledge alone will not be sufficient for specialization in this field.
An expert rental law attorney should have a wealth of experience and knowledge in areas such as rental contracts, rental eviction cases, rental adjustment cases, and other specific cases that may arise from rental law, such as cases involving the granting of tenant rights, cancellation of proceedings, negative determination lawsuits, and more. Additionally, the rental law attorney should have a thorough understanding of real estate law and contract law.
As a client seeking a rental law attorney, my main concern would be how well the lawyer informed me about the risks involved. We often see that many potential clients, whether landlords or tenants, are not well-informed about important issues such as the duration and costs of legal proceedings, the likelihood of losing the case, the risk of eviction, and the risk of seizure. Therefore, the most important aspect of our job as rental law attorneys is to listen carefully to the needs and desires of our clients.
Residential Lease Agreements in Turkey, the most important issues to know about;
The landlord will not have the right to evacuate at the end of the 1-year rental period specified in the rental agreement,
We can only provide the evacuation of the tenant based on the reasons listed as the limits of the law, and the reasons for the evacuation are;
Evacuation based on the reason for the evacuation decision, evacuation due to written rules, evacuation due to the burden of the owner, evacuation due to the damage of the tenant to the property, evacuation due to non-payment of rental fees, evacuation due to mandatory coverage and renewal, evacuation due to warning in two regions, evacuation due to undesirable delivery to neighbors and that he can be evicted due to the expiry of the 10-year period.
In case the leased property changes hands (sale, transfer due to inheritance, transfer due to title deed cancellation and registration case, etc.), the lease agreement will be valid in the same way as the new owner.
If the tenant wants to return the leased property before the contract period, he will continue to pay the rent for a reasonable period of time. However, if the tenant finds a new tenant with the same condition as himself, in this case the lessor will not demand the rental fee.
The price written as the deposit (guarantee) price in the rental contract is returned as the same price after the delivery of the leased person.
In disputes regarding the delivery of the leased property, there is a need for proof with written evidence, which is called “Turnkey Report”.
If there is no provision in the lease agreement stating that the rental price will be increased at the beginning of the 1-year renewal of the rental agreement, the lessor cannot demand that the rent be paid in increments. It should open the lease determination file.
In the 1-year renewal period of the rental agreement, even if there is a different provision in the agreement, the cost increase rate will not exceed the average rate in the two-month Consumer Price Index. If there is a lower rate in the contract, then the lower rate will be applied.
Residential Lease Agreement Under Turkish Law
In article 299 of the Turkish Code of Obligations the rental agreement defined as; “The rental agreement is the contract in which the lessor undertakes to leave the use of a thing or to benefit from it together with the use to the lessee, and the lessee undertakes to pay the agreed rent in return.”
The lease agreement may be for immovable such as an apartment, building, property, or it may be for an automobile, telephone or other movable property. The lease agreement mentioned in this article contains information about “Residential or Roofed Workplace Rental Agreements.
How Can I Evict A Tenant in Turkey?
Rental eviction reasons are limited to the conditions listed in the Turkish Code of Obligations. Even if there are different conditions in the rental agreement, these conditions will not be valid due to the prohibition of regulation against the tenant and the violation of the mandatory provision of the law.
The first of the reasons for the eviction of the tenant will undoubtedly be the violation of the tenant’s obligation to pay the rent. Apart from this, in the law; Evacuation due to two valid notices, evacuation with evacuation letter, evacuation due to necessity, expiry of 10-year lease, and the conditions of the new owner’s right to evict were also counted.
What Are Tenant’s Rights in Turkey?
In the Turkish Code of Obligations, there are mandatory provisions regarding the lessor, the lessee. For this reason, even if it is included in the contract, provisions contrary to the mandatory provisions of the law are not valid.
If the tenant pays the rent regularly, the lessor will not be able to evict the tenant for ten years. The arrangement of the contract period as 1 year will not give the lessor the right to evict.
BAL Law Firm's
Landlord Tenant Attorney's
BAL Law Firm provides legal services in the field of rental law with a team of experienced attorneys who also specialize in real estate law, contracts law, and debt law. Our attorneys have extensive knowledge and experience in resolving disputes between landlords and tenants, negotiating and drafting lease agreements, and representing clients in eviction and debt collection cases.