I. What is 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. Th lease agreement mentioned in this article contains information about “Residential or Roofed Workplace Rental Agreements.
The parties to the lease agreement are the “lessor” and the “lessee”. Lessor (Home or business owner) is obliged to deliver the leased property on the agreed date in a condition suitable for the intended use in the contract and to keep it in this condition for the duration of the contract. The tenant is obliged to pay the rent and, if necessary, the ancillary expenses on the day determined in the contract, to use the leased property carefully in accordance with the contract and to show the necessary respect to the people living in the leased property and to the neighbors.
In many types of contracts, the agreement between the parties, that is, the freedom of will is valid. However, in some contract types, a balance of power is provided between the parties by introducing mandatory provisions in the law. Residential and Roofed Workplace Contracts, arrangements have been made in this direction between articles 339 and 356 of the Turkish Code of Obligations.
II. How to Make a Residential Lease Agreement?
For the existence of a rental relationship or the establishment of a rental agreement, the agreement does not need to be made in “written” form. The lease agreement can also be made “oral”. However, in cases where the lease agreement is not made in writing, there will be serious uncertainty and proof problems.
It is possible to list the information that must be included in the residential rental lease agreement as follows;
- Information about the lessor: Name and surname, address, identity number contact information, mobile phone number or e-mail address
- Information about the tenant: Name and surname address, identity number contact information, mobile phone number or e-mail address
- Information about the leased property: the correct full address of the leased property (If possible, it is useful to write the address in TCIP.) (Deed information is also included in some lease agreements, and there is no such obligation.)
- Rental starting date: The date the rental agreement is signed and the rental start date are different from each other. The rental start date is very important for rental law and lease agreements. Because the terms and rental years are calculated according to this date. In eviction lawsuits, the rental start date is taken into account at the time of application of the rental increase rate.
- Rental price and payment method: Rental agreements are generally arranged as monthly payments. It is decided to deposit the rental fees into the bank account. The rent, which the tenant has to pay monthly, must be written in the lease agreement correctly. Otherwise, a dispute arises about how much the rent is.
- Payment time of the rental fee: In many residential lease agreements, there are phrases such as “1st to 5th day of each month” and “Until the 15th of the month” as the payment time of the rental fee. These phrases in the lease agreement are very important in terms of the tenant’s default. If such a statement is not included in the lease agreement, the tenant will be given a due date until the last day of that month.
- Rental period: In residential and roofed workplace rental agreements, the rental period is generally arranged as “1 year”. The fact that the rental period is arranged as 1 year does not give the landlord or business owner the right to evict or terminate. The lease term only gives the tenant the right to evict by giving at least 15 days’ notice. In the lease agreement, “the parties or the lessor may request eviction at the end of the period.” or “The lessee will evict the rented one at the end of the period.” Even if there are phrases like, these provisions that are written in violation of the law are null and void. When the 1-year lease is over, the lease is automatically renewed for the next year, without the need to sign or arrange a new contract.
- Rent increase rate: Another issue that is often made wrong or forgotten to be written in rental contracts is the rate of increase in the rental price for the next year. According to article 344 of the Turkish Code of Obligations; In case the residential lease agreement is renewed, the next rent increase rate cannot exceed the twelve-month Consumer Price Index (CPI) average of the previous year. In the lease agreement, “The rent increase rate in the renewed lease period will be at the CPI rate of twelve months of the previous year.” is correct and sufficient. In many lease agreements; We see that it is written only as CPI. This statement will cause ambiguity. Because, will the CPI rate be the rate of the previous month or the previous year, or will it be the twelve-month increase rate? Another mistake made is to write uncertain rates such as PPI – WPI in the lease agreement. If the rent increase rate exceeds the twelve-month CPI rate of the previous year as stipulated by the law, this provision will be invalid. If the increase rate is not written in the residential lease agreement, the tenant can continue to pay the old rent without increasing the rent. In this case, a decision should be taken to determine the rent increase rate by filing a lawsuit in the civil court of peace.
- Deposit: In the case of damage to the leased property, the deposit amount taken as a guarantee should be written as a net amount and in case of hand delivery, it should be clearly stated in this regard.
- Status of the leased property and fixtures: If the rented is furnished furnished, a list of the items or, in any case, a list of fixtures should be made in addition to the residential lease agreement. Whether the fixtures work or not should be tested before the contract. However, most of the time, this situation cannot be tested when the electricity or natural gas subscription is not active in the leased property. It can also be written in the contract that the fixtures are not checked whether they are working or not. Apart from this, the rented place; The status of the flat or workplace, whether it is empty or whether it is painted or whitewashed should also be written. If there are places to change in the leased property, these conditions can also be written into the contract.
Most of the time, it is seen that rental contracts are arranged with the contracts that we call printed “stationery” contracts. Even if such contracts do not include the issues we have specifically mentioned above, they can be added to the contract. In order to avoid any loss of rights or disputes in the future, it would be appropriate to get support from a lawyer in arranging a residential lease agreement.
III. What Happens When the 1-Year Residential Lease Agreement Ends under Turkish Law?
Is it possible to terminate the 1-Year Residential Lease Agreement?
There is a special regulation in the Turkish Code of Obligations regarding the expiry of the subject lease agreement or workplace lease agreement. According to this; The tenant has the right to terminate the contract and evacuate the residence by giving notice at least fifteen days before the end of the contract.
The lessor cannot terminate the contract based on the expiry of the contract period. The lessor may terminate the contract only at the end of the ten-year extension period, by giving notice at least three months before the end of each subsequent extension year.
Can the Landlord Remove the Tenant When the 1-Year Residential Rental Agreement Expires?
When the 1-year lease is over, the contract is deemed to be extended for one year with the same conditions (if there is a provision in the contract, by making the rent increase rate). The lessor cannot request an eviction based on the expiry of the 1-year contract period. Even if there is a provision in the contract on this matter, this provision is invalid.
Leaving the House Before the 1-Year Residential Rental Agreement Ends
Another issue in lease agreements is the disputes arising from the early eviction of the lessee. The tenant may have to evacuate the leased property before the time specified in the lease agreement for many reasons. What will be the rights of the lessor in this case?
According to the provision of the law titled “Returning the leased property before the end of the contract, the debts of the lessee arising from the lease contract continue for a reasonable period of time when the leased property can be leased under similar conditions.
For example, the starting date of the lease agreement was made as 01.01.2022 and the lease relationship started. However, let’s assume that the tenant will have to move after 3 months due to assignment status, job change or any other reason. In this case, even if the tenant notifies the lessor that he has evacuated the rented, the rent payment debt; It will continue until there is another tenant who can agree to pay the rent under the same conditions. This is what the legislator means by reasonable time. The tenant will not be responsible for the remaining 9 months of rental debt. However, if it is revealed that it is not possible to rent the leased property for 9 months under the same conditions, the tenant may also be held responsible for the rents of these months. This situation does not seem possible for residential rents.
If the tenant who wants to leave the house before the end of the 1-year lease agreement notifies the lessor that he has found a new tenant who has the ability to pay and is ready to take over the rental relationship, the tenant’s debts arising from the contract will end.
What’s The Most A Landlord Can Increase Rent Turkey?
When the 1-year lease is over, the lease agreement will be deemed to be extended for 1 year under the same conditions. In this case, it is necessary to look at the lease agreement first in order to determine how the rent increase rate will be in the new period.
If the lease agreement does not contain a provision regarding the renewed rent increase rate; The lessor may have to file a lawsuit in accordance with Article 344 of the Turkish Code of Obligations to determine the rate of increase in rent. However, it is also possible for the lessee and the lessor to agree on the rent increase rate.
If the rent increase rate is written more than the legal limit in the residential lease agreement, the tenant is only responsible for the legal rate set in the law. According to article 344 of the Turkish Code of Obligations, the legal rate is; It is the twelve-month Consumer Price Index (CPI) average. Therefore, even if there is a different provision in the rental agreement, this provision is invalid. ( * In lease agreements where the lessee is a “merchant or trading company”, there is freedom of contract in determining the rent increase rate. There is no legal restriction. )
However, the rate of increase in lease agreements to be renewed between 11 June 2022 and 1 July 2023 has been limited to 25 percent %25 to 25 percent with the provisional provision brought into the law. For this reason, the rent increase rate to be renewed between these dates will not exceed 25 percent, even if there is a different provision in the contract. Based on this, the lessor cannot make a claim based on the claim of underpayment of the rent.
IV. Termination of Residential Lease Agreement and Eviction under Turkish Law
You can reach detailed informations about How Do I Evict A Tenant in Turkey?
1. Termination of Contract by Notification and Eviction
According to Article 347 of the Turkish Code of Obligations, the tenant may terminate the lease agreement at least fifteen days prior to the expiry of the fixed-term contracts, for residential and roofed workplace rentals. The lessor cannot demand eviction after the 1-year lease is over. The lessor; At the end of the ten-year extension period, it may terminate the lease agreement and request eviction by giving notice at least three months before the end of each subsequent extension year.
2. Eviction Due to Eviction Notice
In the first paragraph of Article 352 of the Turkish Code of Obligations; “After the delivery of the leased property, if the lessor has not vacated the leased property at a certain time, although he has undertaken in writing to vacate at a certain time, the lessor may apply for enforcement within a month within this scope of the lease agreement or file a lawsuit.” provision is included. The tenant, who agrees to leave at a certain time by signing the written eviction notice, can be evicted through litigation or enforcement proceedings.
You can read our article “What is Eviction Notice in Turkey?” to get detailed information about the evacuation due to the eviction notice.
3. Eviction Due to Two Valid Notices
In the second paragraph of Article 352 of the Turkish Code of Obligations; “The lessee, within the lease term in lease agreements of less than one year; in lease agreements for one year or longer, if the lessor has caused two rightful warnings in writing for not paying the rent for one rental year or for a period exceeding one rental year, the lessor shall give a notice starting from the end of the lease term and the lease year in which the warnings are made for leases longer than one year. Within a month, he may terminate the lease agreement through litigation.”
If a written warning is sent to the lessor twice by the lessor because he has not paid the rent in one rental year, he may terminate the rental agreement by filing a lawsuit within 1 month from the end of the rental year.
For more and detailed information, you can read our article “Eviction Due to Two Valid Notices Under Turkish Law”
4. Eviction of the Leased Due to the Owner’s Need
In the first paragraph of Article 350 of the Turkish Code of Obligations; “The lessor, the lease agreement; 1. If there is an obligation to use the leased property for himself, his spouse, descendants, descendants or other dependents as per the law, due to housing or workplace needs, If it is impossible to use it, it may end with a lawsuit to be filed within one month, starting from the date to be determined in accordance with the termination period in accordance with the general provisions regarding rent in fixed-term contracts, and the periods stipulated for termination notification in indefinite-term contracts.”
In this case, the lessor must file a lawsuit within one month. In this case, it is checked whether the lessor is sincere and whether he will actually use the residence or workplace. When the lessor terminates the lease contract for necessity, he cannot lease the leased property to anyone other than his former tenant, without just cause, unless three years have passed. Learn More about Case For Eviction Due To The Landlord’s Need
5. Eviction of the Leased Due to the Need of the New Owner
In article 351 of the Turkish Code of Obligations; “If the person who subsequently acquires the leased property has an obligation to use it for himself, his spouse, descendants, descendants or other persons whom he is obliged to look after due to housing or workplace needs, the lease agreement is concluded after six months, provided that the lessee is informed of the situation in writing within one month from the date of acquisition. It can end with a lawsuit. The person who subsequently acquires the leased property can also use its right to terminate the contract due to necessity through a lawsuit to be filed within one month, starting from the end of the contract period.”
If the person who buys the immovable wants to use the residence or the workplace, he must inform the lessee in writing within one month that he will use the immovable and that the tenant must leave. He must then file a lawsuit for termination of the lease after 6 months.
6. Eviction for Nonpayment of Rent
The tenant must pay the rent debt without delay according to the periods specified in the rental agreement. In the event that the tenant does not pay the rent, it may be warned that the contract will be terminated, otherwise, it must pay the debt within at least 30 days. If there is no contrary provision in the rental agreement, the warning does not have to be sent from the notary public. However, it is recommended to send the notice from a notary public in order to meet the proof requirement and to deliver the notice to the tenant with notification.
If the rent is paid within 30 days from the notification of the warning to the tenant, an eviction lawsuit can no longer be filed. However, if two justified warnings are caused within the same rental period, eviction conditions may arise due to two justified warnings.
In case the rent debt is not paid even though the 30-day period has elapsed since the notification, an eviction lawsuit can be filed in the magistrate’s court for non-payment of the rent.
Another method is to initiate enforcement proceedings without judgment based on the non-payment of the rent.
In Article 269 of the Execution and Bankruptcy Law; “If the follow-up is for ordinary rents or proceeded rents and the creditor requests, the payment order includes the notice written in Articles 260 and 288 of the Code of Obligations and the notification that the debtor can be asked to remove the debtor from the rented thing after the legal period has elapsed. it does. Upon this notification, the debtor is obliged to notify the enforcement office of the reasons for the objection within seven days, in accordance with the provisions of Article 62. If the debtor does not reject the lease contract and, if any, his signature on the contract, clearly and definitively, he is deemed to have accepted the contract. The objection stops the follow-up. The creditor, who does not want the objection to be lifted within six months from the notification date of the objection, cannot proceed with execution without judgment for the same claim again. In cases where article 260 of the Code of Obligations allows the lessor to terminate the contract at the end of the six-day deadline, the objection period is three days.”
If the tenant does not pay the rent within 30 days from the notification of the payment order sent from the execution proceeding (Example No: 13 execution proceeding without judgment), an eviction lawsuit can be filed in the execution court. What Should Be Done For The Tenant Who Does Not Pay Rent?
Do you need legal assistance regarding tenant 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.
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