Things to Consider When Signing a Rental Agreement in Turkey

Necessary matters to pay attention to when signing a rental agreement in Turkey

When signing the lease contract in Turkey, each of the parties binds many legal responsibilities, which must be fulfilled. Thus, those about to sign the rental contract have to pay attention to many things, so that each of the parties knew what would entail before the contract takes effect...

Among the most important matters to consider when filling out and signing the lease contract (Rental agreement 2022) are as following:

1. The title deed information and the properties' features must be mentioned in the agreement or the contract

It is so important that the space of the property is mentioned in the rental agreement, and it should be compared with the information registered in the Land Registry department. However, it is also necessary for the tenant to make sure that the signer on the lease contract is the owner of the property himself (mentioned in the title deed), agent legal for him or she (holds a legal power of attorney in his name).  

2. Accurate determination of the lease and time to implement

Among the things that must be considered when signing the rental contract, determining the amount of money that the tenant will pay, such as rent for the property, and it is important to determine this amount including value-added tax (KDV), and to record this in the rental contract, so that this is not a subject of dispute, between the tenant and the property owner. 

On the other hand, It is also necessary to determine the due date of the property's lease, and add the bank account information to the rental contract, and it is known that there is a legal obligation to pay the rent in Turkey through the bank or via the post office (Ptt) if the value exceeds 500 Turkish lira.

3. Determining the security deposit and keeping it in a special deposit account

The rent security amount, which is required according to Article 342 of the Turkish Debt Law TBK, should not exceed three months' rent, and it should be deposited following legal principles, in a special deposit account, and add information about the amount and the account to the rental contract.

4. Inspecting the home fixtures and extensions

Before concluding the lease, it is important to take an external look at the structure of the property from the outside and the inside, to ensure the safety of the extensions and basic equipment inside the property, and to take all notes in the box dedicated to the condition of the property and its defects, which are included in the rental contract.

This is done so that this matter is not a cause for disputes when handing over the house after the end of the contract, so the tenant is legally obligated to hand over the property in the case that he received it from its owner, and in this case, it is preferable to take pictures and keep them in the agreement between the two parties.

5. It should be agreed to pay the services charges and other expenses

The expenses related to the property must be agreed upon, and each of the parties is obligated to pay these expenses, it is known that the tenant is responsible for these expenses and the returns related to the use of the property and that the owner of the property is responsible for the expenses related to the property's asset.

6. The contract extends automatically if the tenant does not stop the payment

If this matter is approved, the property owner will be in a critical situation, so the tenant can extend his or her stay for long periods (extending for years legally). Consequently, the real estate owners must pay attention to these conditions and terms in the contract articles.

Related: The Steps to Rent a Property in Turkey.

7. Determining the adjustments that can or might be made

Besides, It must be agreed on whether or not the lessee can make amendments to the property, determine the scope of these modifications, their costs, and the party who has the right to them, in the event of early termination of the contract (by agreement or disagreement), and this is mentioned in the rental contract.

8. Attesting the rental contract with the Notary Public 

It is better to attest the rental contract of homes in Turkey with a notary because this strengthens the legality of the contract, and it prevents the suspicion of forgery, which is something that the tenant gains guarantee of his legal rights and the homeowner gains time when the property must be vacated.

Edited by: Imtilak Real Estate ©

Source: emlakgundemi.com.tr

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