How to Prepare a Lease Agreement via e-devlet

Lease agreements are legal documents that define the rights and obligations of the parties involved. Although they are not subject to any formal requirements under the Turkish Code of Obligations, it is common practice to prepare them in writing to enhance evidentiary strength in case of potential disputes. Clearly stating the payment terms, duration, and other conditions in writing is crucial to provide the parties with solid proof in case of disagreements.

In this context, the Ministry of Treasury and Finance has developed a new service through the e-devlet Gateway to enable the creation of lease agreements digitally, currently accessible to a limited user base in its initial phase. This service aims to facilitate the lease agreement process for parties involved and to provide relevant public institutions with data on the rental market.

Lease Agreement Creation Process and Functioning Through e-devlet

In the initial phase, the service is available for individual property owners, targeting e-Government users aged 18 and older. At this stage, property owners can create a lease agreement via the "Lease Agreement Transactions" section, and the tenant can complete the process by approving the agreement through the e-Government Gateway. Upon completion, a lease certificate with a QR code and timestamp is planned to be issued to the parties. This certificate is intended to document the lease relationship digitally, providing the parties with a reliable means of proof through the e-Government verification system.

In the second phase, not only individual users but also real estate agents and authorized persons will be able to participate in the lease agreement preparation process. This stage is expected to be completed by the end of the year, expanding the scope of the service. Thus, parties will be relieved from the obligation to submit lease agreements to institutional authorities, ensuring that the process is conducted under digital security.

Conditions for Foreign Nationals to Benefit from the Service

Foreign nationals with residence or work permits in Turkey will also be able to use this service. Foreign nationals can obtain an e-Government password from PTT branches using their temporary identity documents or work permits and can perform lease agreement creation through e-Government just like Turkish citizens. This arrangement will be beneficial in providing legal assurance in lease relationships for foreign tenants and property owners.

Anticipated Advantages of Creating Lease Agreements Through e-Government

The lease agreement service through e-Government aims to offer various legal advantages to the parties:

• Evidentiary Strength: With the QR-coded lease certificate, the service is expected to provide ease of proof, ensuring security in lease relationships.

• Speed and Reliability: Citizens and foreign nationals with e-Government access across Turkey can create lease agreements quickly and reliably in a digital environment.

• Data Collection and Analysis Opportunity: Public institutions will be able to obtain accurate data on the rental market through electronic lease agreements, contributing to market analysis.

Conclusion and Recommendation

The ability to execute lease agreements digitally through the e-Government Gateway is intended to enable users to operate under legal security in rental relationships and is expected to offer comprehensive data on the rental market for public institutions. However, as this new digital system is still in its initial phase, users are advised to carefully observe the system’s functionality and its advantages.

Although the process has been streamlined and secured digitally, it is essential to seek support from a legal expert when engaging in or committing to any transaction regarding immovable property to mitigate potential risks.