The relationship between landlords and tenants in Turkey is characterized by a clear and fair legal framework, based on the Turkish Code of Obligations and other laws related to rental agreements. Understanding these laws and rights is essential for both parties to ensure a fair and stable rental market. These laws actively contribute to creating a profitable investment opportunity in sectors such as purchasing properties for investment and short-term rentals.
Rental Increases : Determinants and Regulations
The issue of rental prices in Turkey is of great significance to both property owners and tenants. To ensure fairness and stability in the rental market, the Turkish government has established strict rules for annual rent increases, taking into account economic conditions and the interests of all parties involved. Rent increases will be determined based on the inflation rate as reflected by the Consumer Price Index (CPI).
According to new regulations, the annual rent increase cannot exceed the officially announced inflation rate. This policy helps regulate the rental market and prevents sudden and significant rent increases, while providing transparency and clear expectations for both landlords and tenants.
For example, the most recent update of the Consumer Price Index (CPI) announced on July 3, 2024, showed a price increase of 65%. Consequently, a tenant paying 10,000 Turkish liras in monthly rent would see an additional 6,500 Turkish liras added to their rent, resulting in a total rent of 16,500 Turkish liras.
Tenant Rights and Obligations in Turkey :
- Comprehensive Legal Protection
Tenants in Turkey enjoy extensive legal protection under regulations that ensure they are treated fairly and provided with adequate housing throughout the rental period. Among the key rights that tenants have are the right to a suitable residential property and protection against arbitrary or unlawful eviction. Commercial tenants also have a set of specific rights, particularly concerning the renewal of lease agreements and making modifications to the property to suit the nature of their business.
Under Turkish rental law, tenants are obligated to pay rent and any additional agreed-upon fees at the end of each month, rather than at the end of the lease term. Both parties can agree to divide these additional fees, with the tenant responsible for operational expenses.
Tenants are also required to cover the costs of cleaning and necessary maintenance for the normal use of the property, which includes expenses for electricity, water, gas, and cleaning services. These costs vary depending on the nature of the property's use. In other words, these are costs that are not due if the property is not in use.
The termination of a lease agreement in Turkey is subject to specific legal procedures. To terminate the lease, the tenant must provide written notice to the landlord at least three months before the end of the lease term.
- Legal Guarantees to Protect Investment
Property owners in Turkey also have a range of rights that ensure the protection of their investments in the real estate sector. These rights include the right to receive rent on time, the right to ensure the maintenance of their properties, and the right to terminate lease agreements under certain conditions. New legislation has facilitated the leasing process, ensuring that landlords can maintain their rights within a clear legal framework.
According to the law, the landlord is responsible for paying taxes and general costs related to the property, such as property tax, earthquake insurance, and municipal fees, unless the lease agreement or the law states otherwise. The lease agreement may include clauses that stipulate a different distribution of these costs. For example, municipal revenue law states that the person using the building is responsible for paying cleaning fees.
The landlord has the right to terminate the lease in specific cases, such as the tenant's breach of contract or delay in rent payment. To ensure the rights of both parties, notice periods and legal procedures must be adhered to.
Disputes Between Landlords and Tenants in Turkey
Conflicts often arise between property owners and tenants in Turkey, typically concerning issues such as non-payment of rent, property damage, or disagreements over lease terms. Turkish law provides clear mechanisms for resolving these disputes, usually starting with friendly discussions between the parties before resorting to legal action. Both parties should document all agreements and communications exchanged to use as evidence in case of legal proceedings.
Tenant Eviction Rights in Turkey
The process of evicting a tenant in Turkey is subject to strict legal procedures aimed at protecting tenants from arbitrary eviction. Property owners have the right to request the eviction of a tenant in specific cases outlined by law, such as non-payment of rent or causing significant damage to the property. The eviction process requires going to court, granting the tenant the right to appeal the eviction decision. Property owners must adhere to the law and follow all legal procedures to avoid any legal repercussions.
Conclusion :
A thorough understanding of the rights and obligations of both property owners and tenants in Turkey contributes to creating a fair and transparent rental market. It is important for both parties to stay informed about the latest legal updates and seek legal advice when necessary to reach amicable solutions to any disputes that may arise between them.
08-02-2024 
