Rental Price and Annotation of the Lease Agreement to the Title Deed, and the Spouse's Consent in Family Residence Leases

Rental Price and Annotation of the Rental Agreement to the Land Registry and Spouse's Consent in Family Residence Rentals

The issue of annotating rental agreements made between the tenant and the landlord to the land registry is of great importance. In rental agreements annotated in the land registry, subsequent owners are burdened with the obligation to permit the use of the leased property within the scope of the rental contract. It should be stipulated that the agreement will be annotated to the land registry by explicitly including a provision in the rental contract. In accordance with the decision of the 14th Civil Chamber of the Court of Cassation dated 10.07.2021; "The parties may decide by contract to annotate agreements regarding immovable property to the land registry. The purpose of this transaction is to make the legal situation it relates to assertible against third parties and to provide publicity to the legal situation. The annotation of a real estate rental agreement to the land registry grants the tenant the authority to assert the right subject to the contract against those who become owners subsequently," it has clearly stated the importance of the issue of annotation to the land registry.

The rental price is the fee that the tenant is obliged to pay to the landlord in return for the leasing of the rented property. The rental price must be clearly specified in the rental agreement. Apart from the determination of the rental price in the rental agreement, no changes can be made regarding the tenant. Furthermore, it is possible for the rental price to be agreed upon to be paid on a 6-month or 1-year basis in the rental agreement. The matter of paying the rental price in foreign currency must be explicitly written in rental agreements. If it is written in the rental agreements that monthly rental payments will be paid in advance, the tenant must be granted a grace period of three days. If rental payments are not made within the period specified in the rental agreements, a late penalty becomes valid. A provision stating that a 10% late penalty will be applied for each month the rental payments are delayed will be binding on the tenant.

A tenant cannot terminate a rental agreement for an immovable property used as a family residence without the explicit consent of their spouse. If the tenant's spouse does not explicitly permit the termination of the rental agreement, the tenant has the right to apply to the court and request a decision. A spouse who is unaware of the rental agreement has the right to become a party to the rental agreement by applying to the landlord and making a written notification. The landlord has the obligation to notify the tenant and the spouse of the termination notice by serving them separately.

The landlord has the right to terminate the rental agreement if substantial renovation, expansion, or alteration is required for the purpose of reconstruction or development of the leased property. For this, the tenant must vacate the rented property. It must be impossible to use the leased property during the substantial renovation, expansion, or alteration. In a fixed-term rental agreement, for an eviction lawsuit to be filed due to need or substantial renovation, the lawsuit must be filed within 1 month starting from the end of the rental period. Eviction lawsuits to be filed due to reconstruction and development are subject to time limits. Eviction lawsuits not filed within 1 month from the end of the rental period are not accepted.

The issue of whether a new owner who purchases the leased property can terminate the rental agreement due to their needs is of great importance. A person who terminates the lease has the right to terminate the rental agreement by filing a lawsuit 6 months later, provided that they notify the tenant in writing of the situation within 1 month from the date of acquisition, if there is a necessity to use the property for themselves, their descendants and ascendants, or other persons they are legally obliged to support due to housing or workplace needs.