Legal information regarding apartment rentals in Turkey

Modern Turkish laws stipulate that paying house rent in cash above a certain limit is a violation punishable by law for both the tenant and the property owner, and a financial penalty is imposed on those who commit these violations.

When must apartment rent in Turkey be paid exclusively through the bank?

According to the Tax Procedure Law, the threshold amount for paying house rent in 2019 is 500 Turkish lira, meaning that any house with a rent of 500 lira or more requires the tenant to transfer the rent to the owner via bank accounts.

What happens if apartment rent in Turkey is not paid through the bank?

If it is proven that rent exceeding the limit is paid in cash, a financial penalty of 5% of the amount paid in cash is imposed on both parties. For example, if it is proven that rent of 1,000 Turkish lira was paid in cash for 6 months, both the owner and the tenant pay 5% of the total amount, i.e. 300 Turkish lira, as a financial penalty for violating the legal procedures.

How is apartment rent in Turkey paid via bank account?

The house rent is paid as a bank transfer from the tenant's account to the owner's account through Turkish banks. In the transfer explanation field, it should be stated as (Rent). Some banks offer special deals for rent transfers, some provide it for free, and if there is a fee, the tenant is legally required to pay the transfer fee.

We also recommend reading our article regarding Reasons for termination and cancellation of lease contract in Turkey

Is the tenant entitled to sublet the property in Turkey?

The tenant is not entitled to transfer their rental right to another person, whether the property is residential or commercial, without written consent from the property owner, as stated in Article 322/2 of the Turkish Debts Law: "The tenant does not have the authority to sublet the property under any circumstances unless there is a registered authorization in the lease contract or subsequent written consent from the property owner." Therefore, the tenant does not have the right to transfer their right to use and benefit from the property to another person. If the tenant leaves the place to another tenant, the owner can file a legal complaint to evict the property if they become aware of a new tenant without prior permission. This complaint is called "illegal occupancy lawsuit" and is submitted to the district governor, and based on it, the tenant can be evicted within six months.

What are the responsibilities and duties of a tenant in Turkey?

According to the law, the tenant is required to fulfill several obligations towards the property owner, the most important of which are:

• Paying the rent to the owner on the specified date according to the lease contract, and if the date is not specified in the contract, the payment day is the last day of the month.
• Complying with all expenses incurred from using the property, such as bills and others. The owner has the right to terminate the contract if the tenant fails to pay the rent and its expenses.
• The tenant is required to return the property as received from the owner.
• The tenant is not entitled to make any changes to the property without written consent from the owner.

What are the duties of the property owner towards the tenant?

The property owner has several duties, the most important of which are:

• The owner is required to pay all expenses related to the property itself, such as taxes, unless otherwise agreed in the contract.
• The owner is obliged to compensate for any deficiency or defect in the property if the tenant is harmed by it.
• The owner is not allowed to impose any penalty clause on the tenant for late payment of rent.

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Important things to pay attention to before renting a property in Turkey

The tenant should pay attention to the following when renting a residential or commercial property, the most important of which are:

• Verify the relationship of the lessor to the property: Make sure that the lessor signing the contract is the property owner or legally authorized according to an official legal document (Title deed document, legal power of attorney)
• Read the lease contract and understand the conditions stated in its articles well before signing.
• Ensure there are no legal or financial obligations (seizure, mortgage, tax evasion) on the property by checking the property's title deed record and recent tax receipts.
• Inspect the property and ensure the integrity and safety of its infrastructure before signing the lease contract.

Learn more by reading our article on the things to pay attention to when signing a lease contract in Turkey

What are the contents of a lease contract in Turkey?

A lease contract generally consists of two sections: the first is a table containing information about the lessor, tenant, and property; the second includes the contract's terms and conditions, both signed by the lessor and tenant.

The first section contains personal information verifying the identity of the tenant and lessor, their addresses, and information about the property specifying its location and type. It may also contain information about the contract, which varies from one contract to another. Here is a sample including the contents of the first section for a residential lease contract:

More details can be found in our article on house rent in Turkey.

The second section of the contract includes the general clauses of the residential lease contract recognized by law, and special conditions that the law allows the parties to agree upon.

Lease contract in Turkey - General Conditions

• The tenant is obliged to use the property carefully and maintain it.
• The tenant is required to behave properly with neighbors of the property.
• The tenant is not entitled to sublet the property, in whole or in part, to a third party or hand it over to another tenant.
• The tenant is not allowed to make any changes to the property without written consent from the lessor, and is legally responsible for compensating for any damage resulting from changes made without the lessor's consent.
• The tenant is required to notify the lessor if a third party claims any right to the property.
• The tenant is required to notify the lessor of any repairs needed for the property and is responsible for damages if they fail to do so.
• The tenant is required to inform the lessor of any notices received from the building management board.
• The tenant is required to allow the building management board to implement their decisions and enforce their conditions.
• The tenant is required to carry out and bear the cost of regular maintenance required by normal use of the property.
• The lessor is responsible for fees, taxes, and expenses arising from property ownership, while the tenant is responsible for all taxes and fees arising from the use of the property.
• The tenant is required to return the property at the end of the lease as received from the lessor, along with the equipment delivered at the start of the contract without any shortage or damage, and must compensate for any shortage or damage to the property or its equipment upon delivery. The tenant is not responsible for damage resulting from normal wear and tear due to regular use.
• The tenant must allow any new tenant or buyer coming after them to tour and inspect the property for the purpose of buying or renting the apartment.
• The tenant will be responsible for any damage resulting from not vacating the property in cases where evacuation is required.
• The tenant is not entitled to delay returning the property at the specified time except in emergency cases that pose a real danger to them or those living with them, and is not entitled to breach the contract or request a rent reduction.
• The tenant may not claim any compensation from the lessor for additions made to the property for personal benefit or entertainment, and is required to hand over these additions to the lessor at the end of the contract.
• All provisions related to rent mentioned in the Debts Law No. 6098 are effective in this contract even if not stated.

Read our article about the most important things to pay attention to in lease contract clauses in Turkey

Special conditions of the lease contract in Turkey

The contract may include some conditions agreed upon between the tenant and the lessor or that the lessor wishes to add to the contract, provided they do not violate the law, such as:

• The property may not be sublet to another tenant or shared with another person.
• This property may not be used for commercial purposes.
• No one outside the tenant's family may reside in the property permanently.
• The tenant must comply with all fees related to the property and the building, such as the management of the residential complex, its plans, and the decisions of the building management board. Violation of these is grounds for terminating this contract.
• The tenant must send the monthly rent to account number ....... at bank .......... no later than the evening of the fifth day of each month.
• The tenant is required to pay all heating, security, and building fees related to the property and comply with the payment deadlines.
• The tenant is required to transfer gas, water, electricity, and other subscriptions to their own name and is required to increase the rent as determined by the Turkish Statistical Institute.
• The tenant pays ....... Turkish lira (two months' rent) as a security deposit, to be used in case of equipment malfunction or unpaid financial obligations at the end of the contract period. The tenant may not deduct this deposit from the rent.
• The tenant has the right to vacate the property provided they notify the lessor two months before the automatic renewal date after completing the first year of rent.
• The courts in the ........ area are authorized to resolve disputes that may arise from this contract.

Date:

Tenant Responsible Guarantor Lessor

Name and signature Name and signature Name and signature

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Edited by: Imtilak Real Estate©

Source: Amlak 365 + Amlak Kulisi

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