Housing Defects, Tenant Rights, and Apartment Management in 7 Questions — Attorney Aylin Esra Eren

Dampness and mold can constitute a defect affecting the use of the immovable property. The tenant must document the problem with photographs, expert examination, and written notification; and request the lessor to remedy the defect. Within the scope of Articles 305 and following of the TCO, if the conditions are met, remedying the defect, reducing the rent, compensating for damages, or terminating due to a material defect may come to the agenda. On the other hand, unilaterally and completely cutting off the rent can create a rental debt and default dispute. The scope of the claim and the path to be followed must be determined according to the severity of the concrete defect.

In this regard, the lease agreement, apartment management plan, and the impacts of the animal on the environment must be evaluated together. Keeping a pet is not an eviction ground on its own in every case. However, if the animal damages common areas, creates continuous noise, or seriously affects the lives of neighbors, a legal dispute may arise. Prohibitions included in the agreement must also be evaluated in light of mandatory rules of law and the specific incident.

Essential and structural repairs of the leased property are, as a rule, the responsibility of the lessor. The tenant, on the other hand, may be responsible for minor maintenance and repairs that need to be made due to ordinary use. In situations such as the combi boiler completing its lifespan or structural failure of the installation, to whom the expense belongs is determined according to the cause of the failure. The tenant must first make a written notification to the landlord for non-urgent repairs.

One of the tenants actually leaving the house does not automatically terminate the party status in the lease agreement. If there are multiple tenants in the agreement, responsibility is determined according to the content of the agreement and the divisibility of the debt. If joint and several liability has been stipulated, the lessor can demand the entire rent debt from any of the responsible parties. The departing tenant's exit from the agreement may require the lessor's acceptance or a legally valid transfer transaction.

Apartment management cannot impose arbitrary fines that lack a basis in the law or management plan. Within the framework of the Condominium Law and the management plan, common expenses, dues, and obligations regarding the use of common areas can be determined. The tenant's responsibility is also evaluated within the scope of the law and the rental relationship. The legal basis of the amount demanded by management under the name of a fine must be examined separately.

Noise does not automatically entitle a tenant to immediate termination in every case. If persistent, severe noise seriously prevents use of the home, the defect provisions of the Turkish Code of Obligations or the conditions for extraordinary termination for important reasons under Article 331 may apply, depending on the circumstances. Notice requirements and statutory termination periods must also be observed. The duration and intensity of the noise should be documented and the landlord notified in writing. Remedies under neighbour law and Article 18 of the Condominium Law may also be used.

If the building is risky or carries serious structural danger, the tenant may have the opportunity to terminate the agreement and demand compensation for damages. However, merely the building being old or earthquakes occurring in the vicinity does not automatically terminate the agreement. Risky structure determination, technical reports, administrative decisions, and whether the immovable property is safely usable must be evaluated. If there is a risk to life safety, the relevant administrative authorities must be applied to.