Rental Law
Frequently Asked Questions
What is a Rental Deposit?
Rental deposit is the guarantee given as money or valuable documents that the rented property will not be damaged. In rental transactions, this guarantee is given in advance and is withdrawn when the rental agreement is terminated in accordance with the terms of the rental agreement.
What is the Rental Period?
Rental period means the term of the lease agreement. This period is generally determined as 1 year when the contract is drawn up. It is beneficial to arrange the rental periods as 1 year. This is because, for example, if it is desired to choose the way of eviction due to the needs of the lessor, this lawsuit can only be filed when the lease agreement is terminated and the duration of 1 year will be in favor of the party who will file the lawsuit.
How to Evict the Tenant from the House?
There are several ways a tenant can be evicted:
If the tenant does not pay the rent, it is possible to evict the tenant by sending 'two justified notices' within the same rental year.
In addition, the tenant can be evicted by carrying out enforcement proceedings based on the eviction contract signed by the tenant.
An eviction lawsuit can be filed against the tenant due to the lessor's housing need.
The tenant may also be evicted due to the zoning and construction of the house.
The landlord, who has just bought the house, will also be able to evict the tenant due to need.
Depending on the reasons arising from the tenant, the tenant can be evicted if the necessary conditions exist.
The tenant can be evicted from the house due to the expiry of the 10-year period.
If the tenant or his/her spouse has a suitable residence within the borders of the same district or town, if the lessor does not know this at the time of the contract, he/she can terminate the contract through an eviction lawsuit within one month from the end of the contract.What is an Evacuation Notice?
An eviction notice is a written statement of intent stating that the lessee will evict the leased property on the specified date. According to the law, the eviction notice can be obtained after the leased property is delivered to the lessee. The notices taken at the beginning is invalid. The eviction notice is subject to written form. The declaration that the leased property will be evicted on the specified date must be given in writing. In other words, it will be sufficient to sign an eviction notice on a simple paper (ordinary written form).
Does the Tenant Have an Obligation to Show the House?
The tenant is obliged to allow those who want to buy the rented property or rent it after he/she leaves, to see and tour it. However, while doing this, the most suitable time for the tenant should be selected.
When is the Tenant Given a Warning?
If the tenant has not paid a rental fee or the ancillary expenses (for example, dues) have not been paid on time, the tenant will be given a warning at least 30 days in advance.
How to Serve a Notary Warning to the Tenant?
The warning is served through a notary public. In order for the warning to be served, the payment time specified in the contract must be due. At the same time, the warning must be served through a notary public. Notices not served are deemed invalid.
What is Rent Increase Rate?
The increase in the rental price of the leased property at certain intervals at a certain rate is called the "rent increase rate".
How is Rent Increase Rate Calculated?
After 01.01.2019, the legal rent increase rate is calculated by taking the 12-month CPI average of the month following the expiry of the lease agreement.
What Happens to the Lease Agreement in the Case of the Lessor's Death?
In the event of the death of the lessor, the heirs who are entitled instead of him/her become parties to the lease agreement. Therefore, the contract is valid for the time it is signed. In the event of the lessor's death, all heirs automatically become the lessor and the lease agreement survives.
Rental Law regulates the responsibilities of the lessor and the lessee arising from the rental agreement and the disputes that may arise during the rental agreement.
Rental contracts are permanent, consenting and gratuitous contracts that impose debts on both parties and are regulated in the provisions of the Turkish Code of Obligations No. 6098, 299 and the following. The parties to the lease agreement may be natural persons or legal persons.
A lease agreement is established with mutual consent of the tenant and the lessor. There is no form requirement in the law for the contract to be valid. Therefore, it can be verbal. However, in terms of proof law, it would be better to do it in writing.
In the lease agreement, the person who leaves the use of something or in addition to this use to the other party is the lessor, and the person who is obliged to pay a price is the lessee.
According to the letter of the law, a lease agreement is a contract in which the lessor leaves the use of something or in addition to the use of something to the lessee, and the lessee undertakes to pay the rent agreed between the parties in return.
This definition made in the law is a definition that will define all kinds of rental relations, including residential rent, roofed workplace rent and product rent. If we start takes this definition in the law as a basis, it will be possible to divide the lease agreements into two as lease agreements that create a loan to be used and those that create a benefit liability. Moreover, lease contracts are divided into two as fixed-term or indefinite-term lease contracts in terms of the period they are made.
Demir Law Firm aims to provide effective, fast, economical and solution-oriented services by protecting the interests of its clients in the field of Rental Law.
Demir Law Firm provides legal services to its clients on the following matters regarding the Rental Law:
- Preparation and control of rental contracts of workplaces, residences, land and other real estates,
- Preparation of evacuation commitment,
- Opening and following the eviction lawsuit at the end of the ten-year extension period,
- Opening and following the eviction lawsuit due to two justified warnings,
- As the lessor’s representative, issuing all kinds of warnings to the lessee and serving them through a notary public,
- Oral and written consultation service in the office,
- Opening and following enforcement proceedings for the collection of rent receivables,
- Initiation of eviction proceedings due to non-payment of rent,
- Filing and follow-up of eviction proceedings,
- Opening and following an eviction lawsuit due to need,
- Opening and follow-up of a rent declaratory lawsuit.