Tenant rights have become increasingly important in light of recent property and rent increases in our country. It is essential for both tenants and landlords to be aware of these rights. Tenant rights, when certain conditions of the lease agreement are met, protect both the tenant and the landlord. These rights generally stem from the landlord's obligations, granting the tenant the right to make specific demands based on these obligations.
According to the Turkish Code of Obligations No. 6098, the agreement between the tenant and the landlord involves granting the tenant the right to use the property in exchange for a specified payment. Since lease agreements are of great importance for both the landlord and the tenant, we recommend reading our article titled "What to Consider When Drafting a Lease Agreement?" and seeking assistance from a lawyer.
Another point we advise tenants on is not to pay rent in cash. Paying rent in cash can result in the tenant facing unjust enforcement proceedings in the future.
Returning to our main topic of tenant rights, tenant rights are shaped by both the law and decisions of the Court of Cassation. Tenant rights vary depending on the type of property subject to the lease agreement.
What Are Tenant Rights?
The main tenant rights are as follows:
The right to receive the leased property from the landlord in a condition suitable for the purpose for which it was rented.
The right to use the leased property during the lease term.
The right to demand the elimination of any obstacles to the use of the leased property during the lease term.
The right to claim compensation for damages if the leased property is delivered late.
The right to terminate the lease agreement if the obligations imposed on the landlord by the Turkish Code of Obligations are not fulfilled.
The right to require the landlord to bear the ancillary costs related to the use of the leased property. In other words, the landlord must bear the costs incurred by themselves or a third party related to the use of the leased property.
The right to demand the rectification of defects.
The right to require the landlord to pay taxes, insurance, etc., unless otherwise agreed.
The right not to be evicted from the leased property without a justified reason as long as the lease agreement continues.
The right to sublease or transfer the leased property with the written consent of the landlord.
The right to demand that the landlord assume responsibility and compensate for damages if third parties claim rights over the leased property.
The right to prevent agreements stipulating penalties for late payment of rent or that subsequent rent payments will become due immediately. Such agreements are invalid.
The right not to pay rent increases that exceed the legally permitted amount.
The right to be a building manager for tenants. (Tenants can attend meetings held by the apartment board for this purpose.)
The right to receive various government aids if the property the tenant resides in is vacated due to urban transformation.
The right to request the annotation of the leasehold right in the land registry for real estate leases.
Tenant rights may vary depending on the specific circumstances of each case. As listed above, tenant rights can be quite diverse.
What Are the Rights of Tenants Without a Contract?
Although written lease agreements are important for proof in case of future disputes, oral lease agreements are also considered valid. The Turkish Code of Obligations protects both written and oral lease agreements. Therefore, all the rights that a tenant has under a written lease agreement are also valid for an oral lease agreement.
What Are the Rights of Tenants Against New Landlords?
The sale of leased properties does not directly result in the termination of the lease agreement. According to the Turkish Code of Obligations, the new owner of the leased property is bound by the existing lease agreement.
Article 310 of the Turkish Code of Obligations - Change of ownership of the leased property:
"If the leased property changes hands for any reason after the establishment of the agreement, the new owner becomes a party to the lease agreement."
The lease agreement continues under the same terms and conditions as agreed with the previous landlord. The new owner becomes a party to the lease agreement and replaces the former landlord. There is no need to draft a new contract.
For the new owner to evict the tenant, they must have a necessity for using the purchased property and must properly notify the tenant within the prescribed notification periods. If the new owner wishes to terminate the lease agreement, they must notify the tenant in writing within one month of acquiring the property under Article 351 of the Turkish Code of Obligations. In this case, the new owner can file an eviction lawsuit at the end of six months. However, if the eviction lawsuit is filed without complying with these periods, the tenant has the right to object.
Tenant's Right to the Deposit
The lease agreement between the landlord and the tenant may stipulate that the tenant pays a deposit. Under Article 342 of the Turkish Code of Obligations No. 6098, the deposit amount can be determined up to a maximum of three months' rent.
The money agreed upon as a deposit is deposited into a savings account that cannot be withdrawn by the landlord without the tenant's approval. If the deposit is taken in the form of valuable papers, it is deposited in a bank. However, in practice, the deposit is often handed over to the landlord, leading to disputes when returning the deposit upon termination of the lease.
The return of bank deposits requires the consent of both parties. Additionally, if there is an enforcement proceeding and it becomes final or there is a final court decision, the bank deposit is returned based on that decision.
If the landlord files a lawsuit against the tenant within three months after the termination of the lease, they must notify the bank in writing. If the landlord initiates enforcement proceedings and does not notify the bank in writing, the bank will return the deposit to the tenant upon the tenant's request.
Tenant Rights in Urban Transformation
Urban transformation is a process in which areas at risk of disasters in a city are identified, demolished, and replaced with new structures to make them healthy and livable. This process affects both parties in a rental relationship. Urban transformation involves both opportunities and risks for tenants. It is essential for tenants to know and protect their rights to turn this process into an opportunity.
Tenant rights in urban transformation are regulated by the Law No. 6306 on the Transformation of Areas Under Disaster Risk. These rights include rental assistance, interest support, and relocation assistance.
However, tenants must meet certain conditions to exercise these rights. For example, tenants must apply to the Provincial Directorates of the Ministry of Environment, Urbanization, and Climate Change for relocation assistance. This assistance is provided once. Tenants should be aware of the following points to protect their rights during the urban transformation process:
Sign the lease agreement at a notary.
Ensure that the rent amount and rental period are clearly stated in the lease agreement.
Ensure that you can remain as a tenant until the end of the lease period if the urban transformation process begins.
Apply to the Provincial Directorates of the Ministry of Environment, Urbanization, and Climate Change for relocation assistance.
Tenant Rights on Common Expenses and Apartment Dues
Unless otherwise stated in the contract, the tenant is responsible for paying ancillary costs related to the use of the leased property. These include expenses such as lighting, water, and natural gas. Maintenance costs related to the leased property, defined as fixture expenses, are the landlord's responsibility and cannot be claimed from the tenant.
If there are significant maintenance expenses for the leased property or the building where it is located, these costs are the landlord's responsibility. The tenant has the right to hold the landlord liable for defects that arise later and are not due to the tenant's fault.
Tenant Rights When the Lease Agreement Ends
Lease agreements are drafted with a specific period in mind. Even when the agreed period for residential or commercial leases ends, the landlord cannot automatically evict the tenant.
If the landlord intends to evict the tenant at the end of the lease term, they must notify the tenant 15 days before the end of the fixed-term lease. If no notification is made, it is assumed that the lease continues, extending the agreement for another year.
The tenant can be evicted without needing to provide a reason if a notice is given three months before the end of the 10-year extension period.
Rent Increases and Tenant Rights
When tenants and landlords agree on a verbal or written lease, they may include provisions for periodic rent increases. The rate of rent increase is referred to as the rent increase rate.
Rent increases are regulated by law, considering factors such as changing living conditions, inflation, and similar factors, to ensure fairness. Different legal regulations determine rent increase rates for residential and commercial properties.
Under the Turkish Code of Obligations No. 6098, there are significant restrictions on the freedom to increase rent in residential and covered workplace leases. Articles 344 and 345 of the Turkish Code of Obligations outline these restrictions. The primary purpose of these restrictions is to protect tenants. These provisions prevent arbitrary rent increases by the landlord.
The rent increase rate automatically applies annually based on the rate specified in the lease agreement. This rate must not exceed the consumer price index (CPI) rate for the previous year. The same rule applies to lease agreements longer than one year.
If disputes arise between the tenant and the landlord regarding the rent determination, the tenant has the right to request the determination of the rent amount. In such cases, the judge does not consider whether the parties have reached an agreement.
As of July 1, 2023, the rent increase rate is limited to 25% for one year until July 1, 2024. According to this regulation, rent increases for residential properties cannot exceed 25%. However, this regulation does not apply to commercial leases.
For lease agreements lasting longer than five years or renewed after five years, and subsequently every five years, the rent amount is calculated based on the CPI and equity, considering comparable rental values.
Tenant's Right to Move Out Before the Lease Term Ends
The tenant has the right to vacate the leased property before the lease term ends without providing a reason. However, Article 325 of the Turkish Code of Obligations also considers the landlord's interests.
If the tenant vacates the property before the lease term ends, the tenant's obligations under the lease continue until the property is rented out under similar conditions within a reasonable time.
Under What Circumstances Can a Landlord Not Evict a Tenant?
A landlord cannot evict a tenant without reason before the 10-year extension period from the start of the lease.
If the tenant delays the rent payment twice but the landlord does not send two justified warnings, the landlord cannot evict the tenant.
If the landlord does not need the property or has another property in the same area, they cannot evict the tenant due to need.
If the eviction notice is invalid, the tenant cannot be evicted based on the eviction notice.
These examples are not exhaustive, and tenant rights should be evaluated based on the specific circumstances of each case.
Tenant Rights for Business Premises
Tenant rights for business premises are generally similar to those for residential tenants. The conditions for eviction periods and reasons sought for residential evictions apply equally to business premises. Therefore, there are no special conditions for business tenants.
Unlike residential rents, the 25% rent increase limit for lease agreements renewed until July 1, 2024, does not apply to business premises. The consumer price index (CPI) rate for the relevant month constitutes the upper limit for rent increases in business premises.
Five-Year Tenant Rights
The landlord does not have the freedom to evict the tenant at any time and for any reason. A tenant who has been renting for five years cannot be evicted solely because the five years have passed. However, if the landlord has legitimate reasons specified by law and limited grounds, they can evict the tenant through a court process.
For fixed-term leases of covered business premises and residential leases, the lease does not automatically terminate at the end of the agreed term. If the landlord does not provide written notice, the lease automatically extends for another year. This right is granted to the tenant by law, not to the landlord. The landlord can terminate the lease if the conditions specified by law for termination are met.
If the lease has lasted for five years, the landlord must have a valid reason to evict the tenant. The five-year tenant rights are as follows:
The lease agreement does not automatically end.
The landlord must provide a valid reason to terminate the lease and give the tenant written notice at least 30 days in advance.
The landlord must notify the tenant if they wish to change the rent amount.
The rent increase is based on the consumer price index (CPI) rate determined by the Turkish Statistical Institute for the previous year.
The five-year tenant rights protect tenants against landlords. These rights ensure that tenants can use the leased property securely and peacefully.
Ten-Year Tenant Rights
The calculation of the 10-year period in lease agreements and notification conditions should be done carefully. The calculation and notification conditions differ based on whether the lease agreement is for a fixed or indefinite term.
For a landlord to demand eviction in a 10-year lease agreement, they can file a lawsuit at the end of each extension year following the completion of the lease term plus 10 years by providing notification at least three months before the end of the extension year.
If the lease agreement is indefinite, a lawsuit can be filed at the end of each six-month lease period following the completion of 10 years by providing notification at least three months before the end of each period.
If the 10-year periods specified for fixed and indefinite lease agreements are not calculated correctly, and notification periods and procedures are not followed, the tenant can object to the eviction request based on tenant rights. Tenants can consult a legal expert for legal support regarding lease termination, rent increase, or eviction issues.
Competent and Authorized Court for Tenant and Landlord Disputes
The competent court for disputes arising from lease agreements between tenants and landlords is the Civil Court of Peace. The authorized court is the court of the tenant's residence or the court where the lease agreement will be executed.
Finally, it is particularly important to mention that seeking assistance from an experienced and specialized real estate lawyer in tenant and landlord disputes is the healthiest approach to prevent loss of rights and interests.
Frequently Asked Questions
Can my landlord file an eviction lawsuit claiming that a relative will live in the property?
The legal regulation regarding eviction due to need is clear and explicit. The landlord can terminate the lease agreement with a lawsuit if they need the leased property for themselves, their descendants, ascendants, or other persons they are legally obliged to support. Therefore, it is not possible to accept any other kinship relationship outside those listed.
Is it possible to refund payments exceeding the 25% rent increase limit for residential leases?
It is important to note that if the landlord demands an increase above the legal limits, the tenant should continue to make payments at the legal rate. If the landlord does not accept this, they should file a rent determination lawsuit. However, it is highly likely that lawsuits for amounts exceeding the legal rate will be dismissed due to difficulty in proving justification.
Can my landlord file a lawsuit to increase the rent?
Yes, it is possible. You can read our article on rent determination lawsuits for more information.
Is the 25% rent increase limit applicable to tenants who have completed five years?
No, the 25% rent increase limit is not applicable to tenants who have completed five years, as the rent increase is governed by Article 344/3 of the Turkish Code of Obligations.
We are tenants in a building undergoing urban transformation. How can we benefit from rental assistance?
The authority to decide on these aids is the Ministry of Environment and Urbanization. To benefit from rental assistance, an application must be made to the Provincial Directorate of the Ministry of Environment and Urbanization or the Municipality within one year from the date of evacuation or within three months from the date of demolition of the risky building.
Can a tenant object to the decision on a risky building?
When a risky building decision is made, only the owners have the right to object. Tenants and those with mortgages on the independent sections of the property do not have the right to object to the risky building determination.
Can a tenant file a compensation lawsuit against the landlord?
Yes, if the conditions are met, a tenant can file a compensation lawsuit against the landlord. The two most fundamental conditions for this compensation lawsuit are listed in Article 355 of the Turkish Code of Obligations, and there is a prohibition on re-renting for the landlord. If the landlord evicts the tenant due to need or for reconstruction and renovation, they cannot rent the property to someone else in its former state for three years.
Is mediation mandatory for rental disputes?
Yes, it is mandatory. With the legal regulations on rental disputes, Article 37 of the Law on Amendments to Certain Laws, published in the Official Gazette on April 5, 2023, introduced mandatory mediation for rental disputes (with some exceptions).
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