House rentals in Turkey : Legal Lighting

The Turkish law regulates the frameworks for dealing with house leases in Turkey and the relationship between the tenant and the landlord in a clear and detailed manner, setting out their respective rights and duties, and regulating financial transactions between them for the most accurate details.

In accordance with the Turkish Debt Law, we are reviewing below some of the controls relating to the financial transactions of house rentals in Turkey.

What expenses can a tenant deduct from the rent?

When renting houses in Turkey, it is known that any financial costs not related to the use of property are legally the responsibility of the landlord. If the tenant pays them, he or she has the right to deduct the monthly rent they will pay to the landlord. These expenses are often disputed between the tenant and the landlord because of ignorance of the law in this regard. These expenses can be summarized as follows:

• Expenses related to the basis and construction of the property, which are not the result of misuse, are the responsibility of the landlord, and the tenant is entitled to lose the rent.
• The costs of repairing the paint and the exterior of the front of the property and so fall to the landlord. The obligation of the landlord must be agreed between the parties, so that the tenant will deduct it from the rent when he pays it.
• In the case of problems with the property prior to the tenant's receipt, the tenant has the right to require the landlord to repair the property before the property is rented or paid and to lose the property's rent, which is legal.

For example: If an apartment is rented in Turkey and there is a breach or failure of the health extensions of the house, or a failure of the heating system or its extensions, the tenant is entitled to pay the costs of repairing it himself or herself and to pay it off without consulting the landlord. If the landlord refuses to reduce these costs, the tenant can turn to the court to resolve this.

You may also need to read: Matters to be noted when signing the lease in Turkey.

What expenses does the tenant not have the right to deduct from the rent?

The cost of unnecessary adjustments by the tenant to the property lies with the tenant, such as painting the house to increase its aesthetic, or changing the color of the walls there. The landlord is not obliged to pay any costs arising out of amendments made by the tenant out of their wish, without any need, such amendments would also be unlawful if they were made without the consent of the landlord. These acts give the landlord the legal right to sue to remove the tenant from their property and to fine them for material compensation to the landlord.

How can house rental insurance be restored in Turkey?

It is understood that the rental insurance in Turkey is: an amount deposited by the tenant ito the owner for the duration of the lease; the purpose is to pay the remaining obligations in respect of the lessee after delivery of the leased property, leaving behind non-employment damage or for unpaid receivables, such as proceeds, invoices and others, it is known that such money must be returned to the lessee upon the expiration of the lease but within the following controls:

• The main condition for the entitlement to restoration of house rental insurance in Turkey is the termination of the contract. The tenant is not entitled to claim insurance unless the contract is terminated or is avoided within the terms of the contract.
• Normally, the tenant has the right to recover the amount of insurance in the event that it does not cause any damage to the property and leaves behind no financial obligations such as invoices, paints, alterations and the like, and there was no breach of its legal material liabilities, or agreed upon in the terms of the lease.

For more, read also: Legal information regarding rental of apartments in Turkey.

• In the case of any damage to the property caused by the tenant's use, or in the event that he or she fails any of the financial obligations related to their use of the property, he or she is entitled only to the remaining insurance after the damage is repaired and the debt is paid.
• In the event that the landlord refuses to repay the insurance, although there is no debt or damage, the tenant has the right to claim legal restitution of the amount of the insurance. The law requires it to be reinstated.
• The most legal and sound way to keep insurance is to place it in a bank account of the "deposit account" type in a bank. In this case, the bank is obliged to re-insure the lessee when requested within three months of the expiration of the lease, unless there is a lawsuit between the lessee and the landlord concerning the terms of the contract.

Other important information and topics:

1. Ownership in Turkey : causes, advice, damages and investment gains
2. The best investment and real estate investment opportunities in Antalya
3. Criteria for the selection and purchase of shops in Turkey

Edited by Imtilak Real Estate

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