The rental agreement can be for a residence or workplace, or it can be movable items such as vehicles, household goods, telephones or computers. In this article, it is mentioned about the “tenant’s rights”, which are the parties of the “Residential and Roofed Workplace Lease Agreement“.
I. What is Rent?
Rent is the transfer of the use of a property to someone else for a certain fee. The tenancy relationship is established by the tenancy agreement. In order to establish a rental relationship, it is not necessary for the rental agreement to be in writing. For this reason, the verbal agreements between the parties are sufficient for the establishment of the rental relationship.
For detailed information about the rental agreement, you can review our “Residential Lease Agreement Under Turkish Law” article.
II. Tenant’s Rights in Turkey
With the rental agreement, the lessor undertakes to leave the use of something or the use of something to the lessee, while the lessee undertakes the rent in return.
Can A Landlord Evict his/her Tenant?
The tenant who regularly pays the rent; the lessor if he has not given an eviction notice, has not harmed the leased property, does not disturb the neighbors, if the lease contract has not entered into a 10-year renewal period; The landlord cannot evict the tenant.
In eviction cases due to the need of the lessor himself, his descendants or descendants, or the new owner, there is proof that the need is sincere. It is often very difficult to prove this fact of sincerity against the tenant. However, it would be beneficial for such a case to be followed by an expert lawyer.
The lessor can initiate enforcement proceedings and file an eviction lawsuit against the tenant who does not pay the rent. However, an eviction lawsuit may be filed against a tenant who fails to pay two or more rental fees in the same rental period or is delayed due to two valid notices.
If the tenant gives an eviction notice, the eviction process can also be initiated due to the eviction notice.
After the 5 years of the rental relationship, the landlord may request an increase in the rental price with the case of determination of the rental price (precedent / current rental price).
What happens when the 1-year lease ends? Does the tenant have to evict the house after the 1-year lease is over?
Even if the rental period is specified as 1 year in the lease agreement, the landlord does not have the right to demand an eviction based on a 1-year period in residential and roofed workplace lease agreements. Even if such a provision is included in the lease agreement, this article, which is contrary to the mandatory provision of the law, will not be valid.
Leaving the house at the end of the 1-year lease is only a right granted to the tenant. The tenant can return the rented house or workplace by giving notice at least 15 days before the end of the 1-year lease agreement.
What Should the Rent Increase Rate Be in Renewed Rental Periods?
After the 1-year lease is over, the lease contract should be looked at first, as to what the rate of increase in the rental price should be for the new period. If there is a special article or provision in the lease agreement regarding what the rent increase rate will be, this rate should be compared with the legal rate.
The legal rent increase rate is the rate of increase in the twelve-month consumer price index. However, the legal rate has been temporarily determined as 25% for the renewed lease agreements between 11 June 2022 and 1 July 2023.
If the rent increase rate in the lease agreement is higher than the legal rate, then the rental price should be increased at the legal rate. I the rent increase rate is determined to be lower than the legal rate in the rental agreement, the rent increase should be made at a low rate in favor of the tenant.
If there is no written lease agreement or there is no provision in the lease agreement as to what the rent increase rate should be, then the tenant is not obliged to increase. The lessor must file a lawsuit for determination of the rental price in accordance with the second paragraph of Article 344 of the Turkish Code of Obligations.
For more information on what the rate of increase should be for renewed lease agreements, You can read our article; “How Much Can A Landlord Increase Rent in Turkey?”
Should the Tenant Leave the House in the Case of the Leased Sale?
In case the leased property changes hands, the lease agreement concluded with the former owner is valid under the same conditions as the new owner. The new owner cannot demand more rent from the tenant. The tenant does not have to make a new lease agreement with the new owner.
Returning the Leased Property Before the Term Expires
The lessee may terminate the lease and hand it over to the lessor by giving a written notice at least 15 days before the end of the lease term. In such a case, the lessor cannot claim the ongoing rental fees.
However, sometimes the tenant may be required to return the rented place before the contract period. In order for the rented house or workplace to be returned before the end of the 1-year contract period, the lessor must accept this situation. Otherwise, the lessor may request a rental fee for a reasonable period of time during which the leased property can be leased again.
If the tenant is obliged to return the leased property before the end of the contract, he has the right as follows. If the lessee finds a new tenant who has the ability to pay for the leased and is ready to take over the lease, and notifies the lessor of this, the lessor cannot demand the payment of rent for a “reasonable” period and must return the deposit.
Tenant’s Rights in Case the Leased is Defective / Non-Useful
The lessor is obliged to deliver the leased property on the agreed date in a “suitable” condition as specified in the lease agreement and to ensure that it is available for use throughout the contract.
The lessee must notify the lessor of defects that he is not obliged to rectify without delay. In terms of proof, the notification must be made in writing. If the tenant does not report the defects in the leased item in a suitable time, he may be held responsible for these defects.
In case of significant defects in the rented house or workplace, the lessee may request the removal of these defects from the landlord or workplace owner. If these defects are not remedied, they may request a reduction in the rental price proportional to the defect or the reparation of the damage.
Another right of the lessee is to correct the defect in the leased item himself, and to deduct the resulting expense from the rental price, if the defects in the leased item are not remedied. However, in order to exercise this right, a written notice must be given to the lessor and a certain time must be given. Otherwise, the lessor may initiate enforcement proceedings or request eviction due to non-payment of the rent.
Tenant’s Innovation and Change in the Leased Property
In order for the lessee to make innovations and changes in the leased property, the lessor must obtain the written permission. As a rule, if the lessor has consented to the innovation and change, he will not be able to request that these innovations and changes in the leased be made old again.
The lessee, on the other hand, cannot demand the increase in the value of the leased property due to the innovations and changes made in the leased property.
Th lease agreement, in article 299 of the Turkish Code of Obligations; “The lease 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 Tenant is Not Responsible for Wearing Arising of Use.
Th lessor cannot hold the lessee responsible for wear and tear caused by the use of the leased property. He cannot avoid returning the deposit to the tenant.
We recommend that the lessee receives a “Turnkey Report” in writing from the lessor at the time of delivery of the leased property. Otherwise, disputes may arise, such as the tenant’s demanding the ongoing rental fees and refraining from paying the deposit. It is sufficient to include the following phrases in the turnkey report;
“…/…/… lease agreement with the beginning date has been terminated by agreement between the lessor and the lessee. The rented was visited together, it was determined that it was empty and the fixtures were intact, and it was delivered to the lessor with the keys. Date – Signatures. ”
The lessor cannot disturb the tenant.
The lessor cannot enter the residence or workplace without the knowledge or consent of the tenant, cannot use the keys, cannot change the electricity or water clock after the lease agreement. I such a case, the lessor will have committed the crime of “violating the immunity of residence”.
In cases where the lessor constantly sends messages, calls or goes to the door to disturb the tenant, the crime of “breaking the peace and tranquility” or “persistent pursuit” may occur.
In such cases, the tenant may file a complaint against the lessor at the police station or the prosecutor’s office (courthouse).
Do you need legal assistance regarding tenant’s rights, tenancy disputes or litigation? Clear your doubts.
Rental agreements are seen as a procedure in our country due to lack of knowledge or carelessness in legal matters. In fact, we often come across a rental relationship without a written lease agreement. However, lease agreements are contracts that bind both parties and impose mutual obligations.
The fact that people act without knowing the rights and obligations arising from the rental agreements that are frequently made in order to meet the basic needs of shelter or workplace causes very serious problems. Especially in countries where inflation is high, there is a confrontation between the lessors and the tenants based on the precedent rental prices, and the parties end up in the corridors of the courthouse.
Lawyers of BAL Law Firm provide legal services in all disputes arising from residential and roofed workplace lease agreements. In particular, disputes related to rent increase rates, tenant eviction, eviction lawsuits based on eviction notice, tenant’s rights, eviction lawsuit due to non-payment of rental fees, collection and enforcement proceedings, eviction lawsuit due to new owner’s need, receivables arising from past rental fees, rental adaptation lawsuits, rental We have very competent knowledge and experience on disputes such as settlement cases. Landlord Tenant Lawyer in Turkey Legal Service
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