Şahin | Doğan Law, provides services in the field of Rental Law, which is a branch of law that regulates legal relationships between tenants and landlords, in accordance with the Turkish Code of Obligations (Law No. 6098) and regulations regarding lease agreements. The partnership aims to assist its clients throughout the rental process, from the inception of the lease agreement (drafting the lease contract and necessary additional protocols) to the management of tenant-landlord relations during the tenancy, and to represent its clients effectively in legal matters concerning the termination or conclusion of the lease relationship.
The Lease Agreement is governed by the Turkish Code of Obligations (Law No. 6098). This agreement entails granting the tenant the right to use the property in exchange for a specified rent payment. The law includes special provisions for residential and commercial leases, which differ from general provisions and provide more detailed regulations.
The form of the lease agreement must comply with the requirements set forth in the law. According to the Turkish Code of Obligations, the lease agreement must be made in writing. However, the absence of a written agreement does not affect its validity, as verbal agreements between the tenant and the landlord are also considered as lease agreements.
The Turkish Code of Obligations specifies the main obligations of the tenant and the landlord, the process of rent payment, rent increase, the requirement for the tenant to provide a deposit, and the termination of the lease agreement. The process begins with the drafting and signing of the lease agreement based on the mutual consent of the parties, followed by the delivery of the leased property. Delivery signifies the transfer of the right of use to the tenant, who inspects the condition of the property during this process. The law also establishes the obligations of both the tenant and the landlord. The tenant is required to pay the rent on time, refrain from causing damage to the property, and fulfill other obligations stipulated in the contract. The landlord, on the other hand, is responsible for granting the tenant the right to use the property and for its maintenance and repairs. The lease agreement determines the essence and fundamentals of the lease relationship. Therefore, it is advisable to consult with a lawyer for important legal advice and expertise in rental relationships that have not yet begun.
The rent is collected based on the amount specified in the contract. Rent increases must be made within certain limits. According to the Turkish Code of Obligations, the rent can be increased by the inflation rate or the Consumer Price Index (CPI) rate. The tenant has the right to object to rent increases. The deposit, on the other hand, is a security payment made by the tenant to the landlord. The deposit can be utilized by the landlord to cover any potential damages if the tenant fails to fulfill their obligations as stated in the contract.
Lease agreements can be for a fixed or indefinite term. Fixed-term lease agreements automatically terminate at the end of the specified period. In indefinite-term lease agreements, the duration is not specified, and both parties have the right to terminate the contract at any time. The termination of a lease agreement requires the parties to follow specific procedures. For example, if the tenant wishes to terminate the agreement, they must provide prior notice to the landlord. Similarly, if the landlord wants to terminate the lease agreement, certain procedures must be followed.
Another important aspect of Rental Law in Turkey is the eviction of tenants. If the tenant fails to fulfill their obligations as stated in the contract, the landlord has the right to terminate the agreement. The landlord must provide a valid reason for wanting to evict the tenant. For instance, the landlord may need the property for their own use or may terminate the lease agreement if the tenant fails to pay the rent. Each specific situation and circumstance, along with the reasons provided by the landlord, should be thoroughly examined, and it is advisable to consult with a lawyer before taking any action.
The termination of a lease agreement must also be carried out in accordance with the provisions stipulated in the law. The landlord may terminate the lease agreement if they require the property for their own use or if the tenant fails to pay the rent. Tenants also have the right to terminate the lease agreement by providing a valid reason. For example, the tenant may terminate the lease agreement due to the property being in an unhealthy condition or because of the need to relocate.