6 critical things you need to know when signing a lease
Learn with Imtilak Real Estate the most important terms related to the lease contract, and the subsequent obligations of both parties, in addition to an idea of the prices of homes offered for rent.
6 critical things you need to know when signing a lease
The recent rise in rent prices has increased the problems between the lessees, especially the old ones, and the landlords. As a result of these disputes, the civil magistrates' courts and the execution courts were filled with cases filed between tenants and landlords during this period.
The clauses of the lease agreement are among the most common topics, along with the issue of rental rates. What are the points that tenants must consider when renewing contracts or when concluding new contracts with landlords in order to avoid disputes?
Experts have identified the most important points that the tenant must take into account when signing lease contracts as follows:
- The lessee must enter into written contracts exclusively, and not accept oral contracts.
- All public subscription services related to the real estate, such as electricity, water, and natural gas, shall be in the name of the lessee.
Mr. Ali Karaz; a real estate law expert indicated that landlords “do not transfer electricity and natural gas bills to the name of the tenant. Rather, the owner of the house says to the lessor before concluding any contract: “Take your keys and receive the house, but the bills will remain in my name and I will show you the bill whenever I receive it.” If the tenant agrees to these conditions, the landlord will be able to use this against the tenant at a later time and cut off water, electricity, or gas on the tenant, perhaps without his knowledge.
- The tenant must obtain a mandatory earthquake insurance policy (DASK) with the lease contract on the contract’s date.
- The tenant should not leave the date of the eviction pledge blank; rather, mention it in detail.
- The tenant should not accept the payment of any additional taxes or charges, other than rent allowance and taxes arising from the use of the property. For example, the annual property tax and taxes arising from owning the property itself are taxes that must be paid by the owner. The tenant is only obligated to pay the financial obligations arising from the use of the property.
- Adding the clause that states that “investment taxes of all kinds resulting from the ownership of the property by the owner must be paid” to the lease agreement.
For example, the costs of changing an elevator or an electric gas heater are paid by the landlord, while the maintenance costs for each are paid by the tenant. The landlord is also responsible for the building's painting and modification fees, while the tenant has to pay for the gardening costs of the building around it.
Does the lease protect against the threat of eviction?
Mr. Ali Karaz, a real estate law expert, pointed out that “landlords write eviction pledges with empty or fixed dates so that they can evict the tenant from the house whenever they want.
However, if the six clauses (mentioned above) are clearly mentioned in the lease contract, the tenant can stay in the property for five years from the date of the contract (renewable), by making a legal increase in the rental price, without the need to submit to a rent determination lawsuit "
He added, "It is important here to pay the rent in turkey on the specified date and to make the legal increase in the correct manner."
When does the landlord have the right to ask the tenant to evict?
Unless there is legal justification by the landlord for eviction; the tenant will not face an eviction threat.
On the other hand, the landlord has the right to demand eviction if he can prove that he needs the property, if it is sold to someone who needs it, or if the tenant has been notified twice of his failure to pay the rent; however, he did not pay what he owed."
Should the lease be short or long-term?
Mr. Ali Yuksel, head of the Real Estate Law Institute, stated that "the long-term contracts are for the benefit of the lessee, while the short-term contracts are for the benefit of the lessor."
He also clarified that "in the event that the property is sold, the new owner has the right to evict the tenant from the property." He added that "the property owner can add a clause stating that he will not claim the property for his personal needs, or based on the needs of his children."
He also pointed out that "he should clearly state what the concept of returns includes in the lease." He spoke about the increase in the number of people agreed upon in the contract, he said: “If there are people who will reside in the house, other than the person who will sign the agreement and his family, this must be mentioned, otherwise the owner has the right to file an eviction lawsuit for this matter.
Mr. Yuksel spoke about the importance of clarifying whether the contract will continue in the event of the death of the tenant or lessor.
In the context of his talk about the issue of changing the specifications of the property, he said: "Adding the current apartment plan to the contract will prevent the disputes that will occur in the event of later modifications to the apartment, such as removing walls, and the like."
He also explained the necessity of depositing the guarantee amount in a temporary bank account, which should be 3 months' worth of rental allowance. In the event of an early eviction, that tenant will benefit by submitting a report proving his status with the landlord.
Finally, Mr. Yuksel stressed that if the tenant is going to use the house as an office as a business, this should be clarified in the lease agreement, and he also warned tenants not to spend their money on buildings at risk of urban transformation projects.
Edited by Imtilak Real Estate ©
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