Lease Contract in Turkey
According to Article 229 of the Turkish Debt Law, it is defined as a written contract that includes the signature of both parties and it means giving the right to benefit from the property as the result of its use by the lessee, and it is a contract that agrees to the rental allowance decided by the lessee.
The contract helps clarify the lack of understanding that may occur between the property owner and the tenant and make decisions related to this and prevent matters that may end in court. It presents a more transparent approach to the topics that should be discussed through the new laws.
What should be considered when signing a lease?
1. Tenants should pay attention to the person who made them sign the rent receipt. Significance should be given to the signature of the landlord or his agent in the contract. If there is an agency, you must ensure that it has been approved by the Notre.
2. The address of the rental property should be written in full in the contract. It is important to write the address details (floor, apartment, number) with caution.
3. Key elements such as the name and surname as well as the identity number of the property owner and tenant should be confirmed in the contract. The passport number is written for foreigners.
4. The name and surname are signed on every page of the lease contract, not only on the last page.
5. Determine the annual rent increase before. Details of what chapters and what costs will be increased are details that should be written into the contract.
6. Be careful that the receipt is signed in the presence of the joint guarantors.
7. It is essential that the bank account to which the specified rent increase will be paid is written on it and any date in the contract. The fare is paid by defining the sender as "rent increase," and the lessee should pay the dispatch charges.
8. The amount of insurance and some details such as in which position it can be returned must be written in the contract. Because this topic usually causes a great lack of understanding between the landlord and the tenant, so it is best to write all these details in the receipt.
9. When giving the property for rent, some information should be considered, such as the condition of the property and the status of sustainable equipment. If the lease contract is terminated due to an agreement between the two parties, this receipt helps determine the insurance that will be returned to the tenant. Clarifying the details of the last condition of the permanent equipment in the property and how it was used helps determine the amount of insurance that will be returned.
What are the general conditions for a lease?
The lease consists of two parts, "general conditions" and "special conditions." If it is not against the legislation, the conditions should be well assessed before agreeing. The receipt is also considered the legal agreement between the property owner and the tenant. The unique conditions in the contract fully express the agreement between the property owner and the tenant. In this section, there are all the details except the usual topics.
Materials that may give examples of special conditions
1. The property is rented. It is not possible to lease it by the tenant, nor even move it.
2. The rented property cannot be used far from the intended purpose.
3. The rented property cannot be used, except by the tenant, his/her spouse, and children.
4. The landlord should repair the necessary permanent equipment from the tenant's warning up to 10 days.
5. The general expenses related to the property's use (security service, complex costs) are paid by the tenant.
6. The tenant should use the property without harm and with care. Damages will be deducted from the insurance.
7. The tenant must also give the family statement within 3 days to the neighborhood's mayor.
According to Article 344 of the Debt Law, the landlord does not have the right to implement the interest if the rent is not paid on time. Even if the subject of interest is added as a particular condition in the lease contract, if there is a delay in paying the rent, the landlord cannot implement interest or additional tax.
What should happen when the owner of the house changes?
According to Article 351 of the Debt Law, if the person who purchased the rented property again, or his relatives, the persons legally dependent on them or for himself, wants to use the property for housing or as a workplace, he must inform the tenant in this situation in writing within a month from the date of purchasing the property. After notification, the rental contract will be canceled by opening an invitation after 6 months. The new property owner can use his right to cancel the contract during the month after the contract's expiration date through legal means.
How to apply the increase in the renewal rate of the lease contract, according to the debt law?
In the absence of any agreement on this subject in the lease contract, the arrangements that the two parties will make in the renewable lease periods will be determined by the ruler with sound judgment by considering the status of the rented property and with the condition that the rate of increase of the price index that was implemented in one year is not exceeded previous rent.
Because of this law, the articles of the subject of rent increase specified in the lease agreement are determined by considering the "productive price index." Increases to be made should be counted not exceeding the producer price index. It is possible to apply this condition in agreements of more than a year.