Turkish rental market generally favours tenants
July 10, 2006
Rents: Can landlord and tenant freely agree rents in Turkey?
Rents may be freely agreed at the beginning of rental contracts.
The lessor is required to inform the lessee at least one month before expiration of the lease (which the tenant can compel him to renew, see below) of the amount of rent he wants for the new rental period. If the lessee does not agree to this amount, the lessor may request an assessment of the rental value of the property by applying to a court. The court will take into account the report of an expert as to the amount of rent appropriate for the property in question, taking into account prevailing market rents. There is no other form of rent control in Turkey.
If a lease is for more than one year, the amount by which the rent will increase each year must be specified.
Normally the tenant and landlord agree that the tenant must make a deposit before renting the apartment. This deposit should be paid back at the end of renting period, if there is no damage by the tenant at the property.
What rights do landlords and tenants have in Turkey, especially as to duration of contract, and eviction?
The parties of the lease may specify any duration period they wish.
However a tenant is not obliged to move out on expiration of a fixed-term lease, if he has paid his rent regularly. The lease is automatically extended for one more year, unless the landlord informs the tenant in writing at least fifteen days before the expiration date of the lease that it cannot be renewed.
The causes for eviction specified in Law no. 6570 are:
- If the lessee, after the lease, has signed a written promise to vacate the premises by a certain date, he is obligated to move by that date. A promise to vacate given at the time the lease is drawn up is not valid. The promise to vacate should be drafted entirely by a notary public.
- The landlord needs the premises as a residence either for himself or, incase of separation, for his wife and children.
- The landlord or his wife or children need the dwelling for a place of business.
- In order that repairs, renovation or modifications may be made.
- Sale: The new owner may ask the lessee to vacate the premises within six months of the purchase by claiming that he needs the property for himself. But if the lease has been recorded in the title deed register, he may not ask the lessee to move out until the lease expires.
- Failure to pay rent: If a landlord has issued within a one-year period two justified warnings to the lessee for failure to pay rent, he has the right to ask the lessor to move out. This rule does not apply to rental payments which are made by the year.
- If the lessee or his wife has another residence in the same city or municipality, the lessor may ask him to vacate.
- Sub-leasing, unless specifically permitted by contract, gives the landlord cause to ask the lessee to vacate.
- A lessor may also ask a lessee to move out for reasons such as conduct contradictory to the terms of the lease, or failure to maintain good relations with other persons in the building.
If a landlord evicts a tenant because of his own need for residence or place of business, or if a new owner forces a tenant to move out, the property may not be leased to a lessee other than the former tenant for at least three years (except for reasons beyond the lessor´s control). If the property is rented to another person, the lessor will be punishable by six month to one year in prison, plus a fine equivalent to three years’ rent. However, if a lease is not recorded in the title deed register; a new owner may ask the lessee to vacate the property at the end of the next completed year of the lease.
Unless there is a clear provision to the contrary in the lease, a tenant may not partially or completely sublet or turn over to another person the leased property.
The parties may include many special terms: e.g., who is responsible for custodial, heating, water, and lighting expenses, what furniture and other items are included, if any, what damages or deficiencies, if any, are present at the time the lease is signed, and similar subjects.
EVICTION FOR NON-PAYMENT OF RENT
|Duration until completion of service of process||30|
|Duration of trial||180|
|Duration of enforcement||90|
|Total Days to Evict Tenant||300|
|Courts: The Lex Mundi Project|
Leases are governed in general by the Turkish law of Obligations and in specific by the Real Estate rentals Law No. 6570 of May 1955.
How effective is the Turkish legal system?
If there is no promise of vacate by tenant, lawsuits about rentals or vacating the premises take approximately 1-1.5 years, including appeal process.