Important rules and provisions in the lease agreement when renting homes in Turkey
Due to the recent increase in rent prices, there has been a significant rise in the number of people seeking roommates. Among the files brought to arbitration are disputes for tenants who had their rent increased or were asked to vacate the property due to having roommates without written permission from the landlord. In such cases, the rule says If a tenant takes in a roommate without obtaining written consent from the landlord, they can be legally evicted through court proceedings.
Since the introduction of the arbitration system in rental disputes on September 1, approximately 4,200 out of around 32,000 cases have been resolved through agreements, while over 3,000 cases have been taken to court.
Among the cases brought to arbitration are disputes between tenants and landlords regarding rent increases or eviction due to taking in roommates. For those interested in having roommates, it is essential to obtain the written consent of the landlord. Without a written provision for subleasing in the lease contract and without written permission from the landlord, the landlord can legally evict tenants through the court if they take in roommates.
THIS CLAUSE MUST BE INCLUDED IN THE LEASE AGREEMENT
Those considering taking in roommates or subleasing must add a clause to the lease contract, with the landlord’s consent, stating that “the property can be shared with another individual.”
The President of the Real Estate Law Association, emphasized the importance of tenants having the right to sublease in the lease contract.
LANDLORD’S RIGHT TO EVICT
Speaking to media, he shared following;
“According to the Turkish Civil Code, the new landlord is considered a party to the lease agreement after purchasing the rented property. The new owner cannot simply say to the tenant, ‘I can increase the rent as I wish. If you don’t agree, you must leave.’ Until July of the following year, they cannot legally exceed a 25% increase, and if neither they nor their children will reside there, they do not have the right to evict the tenant. If the tenant completes a five-year period, the landlord has the right to increase the rent based on the market value. On the other hand, if the tenant fails to pay the rent in full within one month, the landlord has the right to initiate eviction proceedings. A tenant who commits to paying rent for a year cannot make monthly payments without signing a new contract with the property owner.
SIX-MONTH PERIOD IF PROPERTY IS SOLD
When a property with a tenant is sold, the new owner can request eviction by sending a notice to the tenant within one month of the purchase. In this case, the tenant can continue to reside in the property until the end of the sixth month. If they do not vacate the property by the end of the sixth month, an eviction lawsuit can be filed. Even after the lease contract with the former property owner expires, eviction can be requested directly through legal action.
UP TO 10 YEARS EXTENSION
According to the Turkish Civil Code, the maximum extension period for a lease contract is ten years. At the end of this period, the landlord has the right to evict the tenant without needing to provide a specific reason. Therefore, there is no need to file an eviction lawsuit.
LIMIT ON DEPOSIT AMOUNT
The deposit amount cannot exceed three months’ rent, and the tenant can deposit this amount in a bank account without the landlord’s approval, and the landlord cannot withdraw it without permission.”
