As legal experts at Han & Partners Law Firm, we are committed to providing you with a comprehensive understanding of Lease Agreement and Tenancy Agreement in Turkish Law. This guide will delve into the rights and obligations of the parties involved, the claims in case of a dispute, and much more.
Understanding the Basics of Lease and Tenancy Agreements
A lease agreement, otherwise known as a tenancy contract, is an essential legal document in Turkey. This document plays a significant role in numerous government transactions, often serving as proof of residential address.
Importance of A Legal Contract
The notary certifies a legal contract, making it crucial to have a valid and authenticated lease agreement. Several factors contribute to the validity of a lease contract in Turkey, ensuring compliance with the law.
Essential Items for a Valid Lease Contract
A valid lease contract in Turkey requires crucial information to ensure the rights of both the landlord and the tenant. Here are the key items:
- Personal Information: The contract must include the personal information of both the landlord and the tenant, including their personal identification numbers.
- Real Estate Dues: The contract must specify that the property is free of financial dues, meaning all taxes and financial obligations have been paid by the owner before renting it.
- Rent: The agreed rent between the landlord and tenant must be stated clearly, including the payment schedule and method.
- Annual Rent Increase: A previously agreed percentage for the annual rent increase must be included in the contract.
- Tenancy Contract Term: The rental duration, starting from the moment the tenant receives the property, must be specified.
- Additional Financial Dues: Any additional dues incurred by the tenant after receiving the property must be recorded in the contract.
- Security Deposit: The tenant is required to pay a security deposit, usually equal to one month’s rent, to cover potential damages to the property.
- Signatures: The contract must bear the signatures of the landlord and the tenant or their legal representatives.
Please be advices that even though there is no written contract, please be aware it is not obligated for the tenancy contract to be written in order to be considered valid.
Han & Partners Law Firm: Your Trusted Legal Partner in Lease Contracts and Tenancy Contracts
As a part of Han & Partners, a leading Turkish law firm, We have had the privilege of working with a team of seasoned lawyers who have extensive experience in handling lease contracts appropriate for; the Turkish Code of Obligations, Turkish Commercial Code, Consumer Protection Law or any other provisions rules in Turkish legal system. Our firm understands the complexity of Turkish law and how it affects every aspect of tenancy contracts. We have been entrusted by hundreds of clients, both local and foreign, for our expertise in this field.
Whether you are drafting a Lease contract or Tenancy Contracts, enforcing one, or facing a contractual dispute, seeking legal advice is crucial. Our top tier english speaking lawyer team can guide you through the legal complexities of sales contracts or other contracts in Turkey. They can help you understand your rights and obligations under the contract and advise you on the best course of action.
As part of Han & Partners, We are committed to providing our clients with the best legal advice and representation. Our team of experienced lawyers is well-versed in Turkish law, contract law and has a deep understanding of lease contracts. We are here to help you navigate the legal landscape of tenancy contracts in Turkey.
The Process of Signing and Ratifying the Lease Contract in Turkey
Several factors need to be considered before signing a lease contract. Among these are:
Presence of Property Owner
The property owner must attend the contract signing in person, bringing along proof of legal ownership of the property. In the owner’s absence, a legal agent can represent them.
Mention of Financial Dues
All financial obligations arising from the property must be clearly stated in the contract, including who is responsible for paying them.
Presence of an Interpreter
To ensure the tenant fully understands the terms of the lease agreement, an interpreter should be present during the contract signing.
Notarization of Contract
The lease contract can be notarized at the notary if the parties request it.
Annual Rent Increase in Turkey
Turkish law regulates the conditions for raising annual rent. Here are some key points:
Timing of Increase
The property owner cannot increase the rent until one year has elapsed since the initiation of the lease contract.
Agreement on Increase
The landlord and tenant can agree on the value of the annual rent increase and include it in the contract. If no agreement is reached, the Turkish Statistical Institute (TÜİK) estimates the imposed value, which changes annually.
Calculation of Increase
The calculation of the annual rent increase is straightforward: the monthly rent value plus the approved percentage by the Statistics Authority equals the full rent value after adding the annual increase rate.
Rent Payment in Turkey
Turkish law stipulates that if the rent exceeds 500 Turkish liras, it must be paid via bank transfer. The tenant must specify in the bank transfer that the remittance is for rent dues.
Tenant Restrictions After Signing the Lease Contract
Under Turkish law, the tenant faces several restrictions after signing the lease contract:
- Subletting: The tenant cannot sublet the property without prior permission from the landlord.
- Construction Work: The tenant cannot carry out any construction works or changes to the property without prior written agreement in the lease agreement.
- Maintenance Expenses: The tenant is responsible for the regular maintenance expenses of the property.
- Inspection: The tenant cannot prevent the landlord from showing the property to potential buyers.
Conditions for Canceling the Lease Contract in Turkey
The lease contract can only be canceled by mutual consent or under specific conditions:
- Lease Term Expiration: If the lease term has expired and the tenant has not vacated the property, the landlord can file a complaint.
- Delay in Rent Payment: If the tenant consistently fails to pay the rent, the landlord can request eviction.
- Family Need: If a first-degree relative of the landlord needs to live in the rented property, the landlord can terminate the contract.
- Renovation: If the landlord wants to renovate the property, the tenant is given time to vacate.
We hope this guide has provided you with a comprehensive understanding of lease and tenancy agreements in Turkey. At Han & Partners Law Firm, we are dedicated to ensuring our clients are well-informed and legally protected. If you have any queries or need further assistance, please do not hesitate to contact us.
