Landlord-Tenant Relations in Turkey: Key Rights and Duties

In Turkey, the rules for landlords and tenants are clear and fair, based on the Turkish Code of Obligations and other specific laws about renting. These rules and rights are essential for both landlord and tenant in investment home purchases and short-term rentals that offer a profitable investment opportunity.

2024 Rent Increases in Turkey

Rent prices in Turkey are important for both landlords and tenants. The government sets rules for the 2024 rent increase in Turkey to keep things fair, considering the economy and both sides' needs. For 2024, rent will go up based on the Consumer Price Index (CPI).

Turkey's annual rent increase can't go up more than the 12-month average of the Consumer Price Index (CPI). This rule keeps the rental market steady, avoiding big rent hikes and giving tenants and landlords clear expectations.

The latest CPI rate, announced on July 3, 2024, showed a rent increase of 65.07%. For a tenant paying 10,000 TL in rent, this meant an additional rent of 6,507 TL, making the total rent 16,507 TL.

Tenants Rights and Obligations in Turkey

Tenants in Turkey are protected by several regulations ensuring fair treatment and security during their lease term. Among the rights as a tenant in Turkey, tenants have access to habitable properties and protection against unjust eviction. Business tenants also enjoy specific rights, particularly regarding lease renewals and property modifications to suit their commercial activities.

According to TCO Article 314, tenants must pay rent and any extra costs by the end of each month, not later than the lease's end. They can agree to split these costs, with the tenant covering any incidental expenses.

TCO Article 317 states that tenants must pay for the cleaning and maintenance needed for the property to be used normally. This includes costs like electricity, water, gas, and cleaning, which vary based on how the property is used. Essentially, these are costs that don't occur when the property is not in use.

The termination of a rent contract in Turkey must comply with legal procedures. Tenants can terminate their lease by providing due notice, typically three months before the end of the lease term.

Landlord Rights and Obligations in Turkey

Landlords in Turkey also have clearly defined rights to protect their investments. They can demand timely rent payments, ensure their property is maintained, and terminate leases under specific conditions. New regulations have streamlined the process for renting residential properties, ensuring landlords can enforce their rights while adhering to legal standards.

Landlords cover public costs like property tax, earthquake insurance, and environmental tax, as required by law. This is outlined in TCO no. 6098, specifically in article 302. The landlord is responsible for these unless the lease agreement or law allows for a different arrangement. However, the lease agreement can also decide who pays these costs. For instance, the Municipal Revenue Act says the person using the building, or the lessee, must pay the environmental cleaning tax.

Landlords can terminate the lease, particularly if the tenant violates lease terms or fails to pay rent. Both parties must follow the stipulated notice periods and legal requirements to avoid disputes.

Landlord-tenant disputes in Turkey happen often and can be about not paying rent, damaging property, or not agreeing on the lease. Turkish law has ways to solve these conflicts, usually starting with discussing things before going to court. Both sides need to keep records of their talks and deals to have proof if needed.

Tenant Eviction Rights in Turkey

Evicting a tenant in Turkey requires adherence to strict legal procedures to protect tenants from unjust eviction. Eviction lawsuits can be filed by landlords in cases of significant lease violations or non-payment of rent. The eviction process involves court proceedings, and tenants have the right to contest the eviction. Landlords must understand the legal framework and follow due process to avoid legal repercussions.

Understanding the rights and obligations of both landlords and tenants in Turkey helps in fostering a fair and transparent rental market. Both parties are encouraged to stay informed about the latest regulations and seek legal advice when necessary to resolve any disputes amicably.

Q&A

What are the new rules for renting property in Turkey?

New rules in Turkey focus on making renting property more fair and clear for landlords and tenants. They require written rental agreements to avoid misunderstandings and ensure everyone knows their responsibilities. For long-term leases, no one can end the lease early without good reasons, which helps keep things stable. Renters must pay on time and face penalties for delays. If there's a disagreement, they first try mediation before going to court, which helps solve issues more smoothly.

What are the rights of business tenants in Turkey?

In Turkey, business tenants enjoy certain rights to ensure stability and fairness in their commercial leases. These include protection against eviction as long as they follow their lease terms, the chance to renew their lease under the same conditions, the ability to transfer their lease with the landlord's approval, and a six-month notice period before a lease can be ended, except in specific breach of contract situations.

What are the eviction laws in Turkey?

A landlord can only evict a tenant in Turkey for valid reasons like unpaid rent, contract violations, or needing the property for personal use, preventing unfair evictions. Landlords must also provide a formal notice, usually one month for homes and six months for businesses, giving tenants enough time to find new homes or fix any problems. If the tenant doesn't leave after the notice, the landlord must go through the legal system to get a court order for eviction, making sure the process is legal and respects everyone's rights.

How to evict a tenant in Turkey?

To legally evict a tenant in Turkey, a landlord must give a written notice explaining why they want the tenant to leave and how long they have to do so. After this notice, the landlord waits for the tenant to leave. If they don't, the landlord can start a court case. The court will decide if the eviction is fair and issue a court order. If the order is followed, enforcement officers can make sure the tenant leaves.

What should I do if my landlord in Turkey refuses to return my deposit?

If a landlord doesn’t want to return a deposit, tenants can take several steps. First, check the lease to make sure the deposit is returned according to the agreement, including the condition of the property and how long the landlord has to give notice. Talk to the landlord about why the deposit is being withheld and try to clear up any confusion.

If the landlord still won't return the deposit, send a formal letter explaining the amount, why it should be returned, proof of the property's condition, and a deadline for the return. If this doesn't work, consider mediation or going to court.

Remember, under Turkish law, the landlord must return the deposit if the tenant has met all their obligations, so it's important to keep records of all communications and understand your rights.

*Source: Emsal.com

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