Rental Law

When preparing a lease agreement, it is important to take into account relevant legal regulations such as the Turkish Code of Obligations and the Enforcement and Bankruptcy Law. We can summarize the issues you need to consider when you want to prepare a trouble-free rental agreement as follows:

1. Information of the Parties: The tenant and owner's names, surnames, TR ID numbers (or tax numbers), addresses and contact information should be included at the beginning of the contract.

2. Information of the Rented Property: The exact address of the rented property, the neighborhood/village, and city/district information where it is located must be clearly stated.

3. Rental Period: The rental start date and end date should be stated, and the rental period should be clearly stated. At the same time, provisions should be included as to whether the lease term will be automatically extended at the end of the lease.

4. Rental Fee and Payment: The rent to be paid by the tenant should be stated on a monthly basis, and the date and how the payment will be made should be clearly stated. It should also be stated what method will be followed in case of an increase in the rental price.

5. Deposit: The amount of the deposit that the tenant will pay to the landlord should be stated, and the deposit repayment terms should be explained in detail.

6. Purposes of Use: The purpose for which the rented property will be used (residential or commercial) must be clearly stated.

7. Maintenance and repair: The maintenance and repair responsibilities of the tenant and the owner should be explained in detail.

8. Renovation and Changes: It should state any limitations on what renovations, alterations or improvements the tenant can make to the property and whether the landlord must obtain approval where necessary.

9. Contract Termination: It should be explained how and under what conditions the tenant or owner can terminate the contract.

10. Dispute Resolution: It should be stated which method will be preferred in case of dispute (e.g. mediation or litigation).

11. Signatures: At the end of the contract, the signatures of the parties and the guarantors, if any, must be included.

• If the tenant does not pay the rent, it is possible to evict the tenant by sending 'two justified warnings' within the same rental year.
• In addition, the tenant can be evicted by enforcement proceedings based on the eviction commitment signed by the tenant.
• An eviction lawsuit may be filed against the tenant due to the lessor's housing needs.
• The tenant may also be evicted due to the zoning and construction of the house.
• The landlord who has just purchased the house may also evict the tenant due to necessity.
• Depending on the reasons arising from the tenant, the tenant may be evicted from the house if the necessary conditions are met.
• The tenant may be evicted from the house after the 10-year period has expired.
• If the tenant or his/her spouse has a house suitable for habitation within the borders of the same district or town, the lessor may terminate the contract through an eviction lawsuit within one month from the end of the contract, if he did not know this at the time the contract was made.

In our country, the rent increase rate is determined according to the Turkish Code of Obligations and relevant regulations. Rent increases are generally calculated based on the Consumer Price Index (CPI) and are carried out annually. Let's make a brief evaluation of how the rent increase rate is determined:

1. Consumer Price Index (CPI): CPI is an index calculated regularly every month by the Turkish Statistical Institute (TUIK). CPI generally measures the change in consumer prices over the years. Rent increases between the tenant and the owner are also usually determined by the CPI.

2. Rent Increase Rate Calculation: According to the Turkish Code of Obligations, the tenant may have the right to increase the rental price. The tenant may request an increase in the CPI rate. However, this increase means that the rental price is increased by the previous year's CPI rate. That is, the higher the previous year's CPI, the more the rental price is increased.

3. Change According to Rental Period: If the rental period is one year or less, a rent increase cannot be requested according to CPI. However, if the rental period is longer than one year, the parties can determine the rent increase for the next year according to the CPI.

4. Agreement of the Parties: The tenant and owner may agree on a different rate or method other than the CPI. However, the agreement must be in a way that ensures the protection of the tenant. For example, if a rate is determined below the CPI, the tenant's ability to pay should not be strained.

5. Stated in the Rental Agreement: The rent increase rate and calculation method should be clearly stated in the rental agreement. This is important to prevent future disputes and protect the rights of the parties.

If a rented house is defective, the tenant has a number of remedies. A defective rental property refers to situations that endanger the tenant's health or safety or significantly affect the use of the home. If a defective house is delivered to the tenant, he can follow these steps:

1. Tenant's Notice: When the tenant notices a defect in the rented house, he must immediately notify the owner or lessor in writing. Although this notification does not need to be made through a notary, it is recommended that it be made in writing.

2. Requesting Necessary Repairs: The tenant may request that the defects be repaired and the use of the house restored. If it endangers the tenant's safety or health, defects that interrupt the use of the house must be repaired as soon as possible.

3. Giving Time: The tenant may request that the defects be remedied by giving the landlord or lessor a period of time. If the defects are not corrected within this period, the company may have the right to terminate the contract or reduce the rental price.

4. Reducing the Rental Fee: If the tenant decides to continue using the defective house, the tenant has the right to reduce the rental fee, taking into account the discomfort or deficiencies.

5. Termination of Contract: If the defects are serious and prevent the use of the home, the tenant may have the right to terminate the rental agreement. In this case, the tenant may be required to vacate the property immediately and return the keys to the owner.

6. Application to Consumer Arbitration Committee or Court: If there is a dispute about correcting the defects or resolving the situation, the tenant can apply to the consumer arbitration committee or the court.

Rent declaration is a type of declaration that income tax payers must submit annually to the authorized tax offices in order to declare their rental income and pay taxes. Lessors are required to declare the income they earn by renting the real estate they own (house, workplace, land, etc.). Rental declarations are prepared on an annual basis for persons earning rental income and are regulated within the framework of the Income Tax Law. To summarize the steps to be taken for the rent declaration:

1. Declaration Period: The rent declaration is submitted within the declaration period determined for each year. The declaration period and expiry date are determined by the Ministry of Finance. Generally, the declaration filing period opens between April and May.

2. Who Gives: Persons who earn rental income and are income tax payers according to the Income Tax Law must submit a return. Tenants are obliged to declare the income they earn by renting the real estate they rent.

3. Declaration Preparation: Rent declaration is available on the official website of the Ministry of Finance (https://www.turkiye.gov.tr) can be filled out electronically. Information required for declaration preparation may include:
   • Identity information of the tenant
   • Address and nature of the rented property
   • Amount of rental income

4. Steps for Making a Declaration:
   • Log in to the official website of the Ministry of Finance.
   • Log in with your e-Government password or mobile signature.
   • Go to the “My Declarations” section and click on “Lease Declaration”.
   • Fill in the relevant fields and create your declaration.
   • Confirm the declaration by verifying it.
   • Make the required tax payment.

5. Payment: You will need to pay the tax calculated according to the rental income declared with the rental income declaration. You can make your payment through the relevant tax offices or online tax payment systems.

The situation where the tenant rents the rented house to someone else is called subtenancy. In our country, subtenancy means renting all or part of the rented real estate to someone else by the tenant. However, permission may be required to carry out subtenancy and this process is subject to certain conditions. Let's briefly talk about the issues that need to be taken into consideration in case of subtenancy:

1. Lease Agreement and Permission: In order for the tenant to rent the rented real estate to someone else, there may be a provision in the lease agreement. You should check whether subtenancy is allowed in your tenancy agreement. If there is no such provision, written permission from the owner may be required.

2. Owner's Permission for Subtenancy: If there is no provision or permission for subtenancy in your lease, you may need to obtain written permission from the landlord for subtenancy. Renting the house you rented to someone else without this permission may mean breach of contract.

3. Notice to Owner: If subtenancy is permitted or permitted, it is recommended that the tenant inform the landlord of the situation. This can help prevent problems between the parties.

4. Tenant's Responsibility: In the case of subtenancy, you, as the primary tenant, are responsible to the subtenant. In other words, you will be responsible for issues such as rents that the subtenant should not pay or damages that occur in the house.

5. Rights of the Subtenant: The subtenant can benefit from the rights provided by the main tenant. However, the rights of the subtenant will be below the rights of the main tenant.

6. Contract Content: In the contract with the subtenant, issues such as rental fee, duration, intended use and payment methods should be clearly stated.

The situation where a tenant damages the house he rents is a legal issue that includes the rights and obligations of both the tenant and the lessor. The damages caused by the tenant to the house may vary and various steps may be taken depending on the severity. If we list the steps that the lessor should follow in case the tenant damages the house:

1. Review and Evaluation: The owner or his representative must inspect and assess the damage to the home. The nature and amount of damage should be determined, and expert opinion should be obtained when necessary.

2. Communication and Alert: The tenant must immediately notify the owner or lessor of any damage caused to the property. Depending on the type of damage, immediate repair may be required.

3. Damage Elimination: If the damage caused by the tenant to the house needs to be repaired, an agreement must be reached between the parties. The tenant has the obligation to repair the damage. If the damage is not repaired by the tenant, the owner may request it to be repaired when necessary.

4. Fee and Collateral Usage: Expenses spent to repair the damage can be deducted from the tenant's security deposit. The deposit amount specified in the rental agreement can be used to cover the damage.

5. Compensation Claim: If the damage caused by the tenant to the house causes serious financial losses to the owner, the owner may demand compensation from the tenant. However, the claim and amount of compensation must be made in accordance with legal procedures.

6. Termination of Contract: Damage caused to the house by the tenant may be considered a breach of contract. The owner may have the right to terminate the lease in cases of serious damage.

            The tenant is also obliged to protect the leased property. In other words, in the rented house there is something unusual (in a way that will cause a decrease in the value of the rented house or cause damage) cannot make changes that do not comply with the contract. Because the tenant is obliged to deliver the rented property as he received it, and if he makes any changes that will damage the house, he will be in violation of his duty of care.

When the lessor learns of changes made to his real estate that were not foreseen in the contract, he warns the tenant to restore the real estate to its previous state. For reinstatement to the tenant with notice 30 days It is notified that a period of time has been given and if there is no reinstatement, the contract will be terminated. After this warning, the tenant, despite the warning 30 days If the lessor does not make the reinstatement arrangements within the period, the lessor may resort to termination.

It is not necessary for the lessor to be the owner. Of course, a rental agreement regarding a real estate belonging to someone else can also be made. If a person rents a property that he knows belongs to someone else as if it were his own property, it may be considered as acting without a power of attorney and may be the subject of a separate dispute.

The tenant is not obliged to show the rented property, except in certain cases. The tenant's obligation to show the rented property to others is generally not considered a legal obligation. However, there may be different provisions in the lease agreement or special agreements made between the lessor and the tenant. However, in some cases, the tenant may be obliged to show the rented property or to allow the lessor to see the rented property:

1. End of Rental Period: When the tenant's contract expires and a new tenant is sought, the tenant may be requested to show the leased property. This may be done to facilitate the lessor's process of finding a new tenant.

2. During the Rental Period: The lessor may request the tenant to show the leased property during the rental period or in cases specified in the contract. However, this must be based on a predetermined and accepted agreement between the parties.

3. Condition and Maintenance of the House: The lessor may want to periodically inspect the maintenance and condition of the rented property. Although this does not mean that the tenant has an obligation to show the property regularly, it may be allowed for maintenance and condition assessment purposes.

            However, the tenant's right to privacy must also be taken into account. The tenant's home is a private area and entering by the lessor or others without permission may lead to legal problems. Therefore, it is important to have a clear agreement that protects the rights of the tenant and the lessor and sets conditions that both parties can accept. The lease agreement, which regulates the relations between the tenant and the lessor, should address such situations in detail. In particular, the tenant is obliged to allow those who want to buy or rent the rented property to see and visit it after he or she leaves. However, when doing this, the most suitable time for the tenant should be chosen..

In practice, two types of sanctions are generally imposed on tenants who do not pay the rent:

1- Discharge by Default

In case the rent is not paid, the rent debt is paid after sending two justified notices to the tenant. 30 days If the payment is still not made within the due date, it is necessary to notify that the rental agreement will be terminated.30 days After this period, the tenant who does not pay rent without the need for a third warning may be faced with an eviction lawsuit. If a decision is made in favor of the property owner in the eviction case filed due to default, the enforcement office carries out the eviction proceedings.

2- Release through Execution

Debt to the debtor in enforcement proceedings with a request for evacuation  7 days You will be given the right to object to the debt or 30 days He will be given time to make his payment. Otherwise, it is stated that he will be evacuated through compulsory enforcement. Debtor 7 days If he objects to the debt, the pursuit stops. In this case, the creditor will need to file a lawsuit to remove the objection. If you owe 7 days If there is no objection within the period, the pursuit becomes final, 30 days If the payment is not made within the specified period, the eviction will be carried out through enforcement and foreclosure proceedings will be initiated.