How to Fill Out a Rental Agreement?
How to Fill Out a Rental Agreement?
How to fill out a rental agreement in 2019 has been determined within the scope of the Turkish Code of Obligations No. 6098. A rental agreement to be made between the landlord and the tenant consists of 3 sections:
The section where information regarding the rental is provided: All information regarding the property to be rented, from its address to its type, is provided. The identification details of the tenant and the landlord are provided. Furthermore, the start and end dates of the rental contract are written clearly. A full list of fixtures that will be delivered to the person along with the property being rented and that will be taken back in the same condition when the rental agreement ends is written.
General conditions determined regarding the rental agreement: This is a section written in clauses. All rules that the tenant must follow under the laws are listed in this part.
Special conditions regarding the rental agreement: This is the part where the landlord lists their expectations from the tenant. The bank account where the rent will be deposited is included in this section.
How Many Copies of the Rental Agreement Should Be Filled Out?
The rental agreement must be filled out in 2 copies. One of these must remain with the landlord and the other with the tenant.
How Is a Rental Agreement Made?
In 2019, a rental agreement is made by the parties who have signatures on the rental agreement coming together. The rental agreement is made between the person who will rent out the property and the tenant. If the landlord requests it, the tenant is also required to find a guarantor. If a guarantor is requested from the tenant, the guarantor also signs the rental contract and is present when the rental agreement is made. If a space is to be rented to more than one person, the names of more than one person appear as tenants in the rental agreement. The rental contract is prepared so that there is 1 copy for every person whose name and signature are on the rental agreement.
What Is Included in a Rental Agreement?
In a rental agreement; information about the tenant and the landlord, information about the place to be rented, general conditions regarding the rental agreement, and special conditions for the rental agreement are included. The amount of rent and the quantity of fixtures are included on the first page. Conditions that the tenant must legally comply with are in the general conditions section. Special requests that the landlord has from the tenant and bank account information are included in the special conditions.
How Many People Can Be on a Rental Agreement?
A rental agreement can be made for as many people as there are parties who will be joint tenants. What is required for a rental agreement is 1 person who will act as the landlord and 1 person who will act as the tenant. However, more than one person may want to rent an apartment, a workplace, or any property by agreeing among themselves. In such cases, the number of rental agreements equals the number of tenants. However, there must be enough copies of the rental agreement to provide one to each of the tenants and the property owner. Therefore, the stamp duty to be paid during the process of preparing the rental agreement at a notary increases because there is more than one tenant.
How Many People Can Be on a Family's Rental Agreement?
Families prefer to make rental agreements in the name of 1 person. For this, one person whose name will appear on the rental agreement is determined by the family itself. This person is the member of the family who has a regular monthly income. If there is more than one family member with a regular monthly income, they make a decision among themselves.
In Which Cases Is a Rental Agreement Terminated?
The reasons for the termination of a rental agreement can be terminated bilaterally in cases contrary to the contract signed by the landlord and the tenant. While the termination of a 1-year rental agreement can be done through natural ways at the end of the contract, in some cases, termination procedures can take place before the contract expires. These situations are:
If the rent has not been paid and the landlord has sent 2 justified notices within one year, termination proceedings can be initiated.
If the tenant or their spouse living with them has a residence suitable for living within the same district or municipal boundaries, and the landlord is unaware of this, they can terminate the contract through a lawsuit.
How Is Termination by the Tenant Done?
It is possible to leave a workplace or a house before the rental agreement ends. However, just causes must exist. If the termination of the rental agreement for just causes is requested, two paths can be tried in this case. These are:
Enforcement proceedings can be initiated through enforcement offices. If there is no objection to the enforcement, the enforcement process begins.
A notice can be served through a notary for just causes. As a result of two justified notices, the tenant can be evicted and the contract can be terminated.
In Which Cases Is a Rental Agreement Invalid?
The situations where the rental agreement is invalid are different for the landlord and the tenant. The landlord cannot terminate the agreement unless there are situations contrary to the contract after the contract is signed. However, the tenant can terminate the contract by sending a written notice to the landlord 15 days before the contract period ends. Is the rental agreement canceled:
For the rental agreement to be canceled, the landlord must have valid reasons. It is not possible for a landlord without a valid reason to terminate the contract arbitrarily.
The tenant, on the other hand, can terminate the contract on the condition of giving 15 days' notice if they want to move out or in case of inappropriate rent increases.
How Is a Rental Agreement Canceled?
If the rental agreement is to be terminated before the contract period ends, the landlord must have valid reasons. The contract can be canceled for reasons such as the tenant not paying the rent or the landlord needing to reside in the house. What happens if the rental contract is not renewed; If neither party renews the contract within 15 days after the end of the contract and the tenant pays the rent in the month after the end of the one year, the contract is considered to be automatically renewed.
In Which Cases Does a Rental Agreement Extend?
A rental agreement renews itself and extends if it is not notified by the parties that it will not be extended one month before the end of the rental agreement. Rental agreements are divided into two as fixed-term and indefinite-term.
Indefinite-term rental agreements renew automatically and indefinitely as they do not have a determined period. However, fixed-term rental agreements have a specific range in which they are valid. When the date of a fixed rental agreement ends, the contract is automatically terminated by the parties, and a new rental agreement must be made for it to be renewed. If at least one of the parties does not want to renew the rental agreement again, they are obliged to state this at least 1 month before the end date of the rental agreement.
What Happens to a Tenant Who Does Not Notify at Least 1 Month in Advance That the Rental Agreement Will Not Extend?
If the tenant does not notify at least one month in advance that the rental agreement will not be renewed, the rental agreement renews itself. For example; if a tenant who will vacate the house on the day the rental agreement ends tells the landlord 1 week before vacating the house that the rental agreement will not be renewed, the landlord has the right to renew the rental agreement. Even if the tenant vacates the house on the day the contract ends, they can demand rent.
Which Court Handles Lawsuits Arising from a Rental Agreement?
The Civil Court of Peace has been designated as the rental agreement court. The Civil Court of Peace is authorized for all lawsuits based on a rental agreement and compensation lawsuits to be filed together with these lawsuits.
In addition, the authorized court for the rental agreement is determined according to the amount of rent receivable or the requested compensation. Especially in eviction lawsuits, it is not mandatory to file a lawsuit in the place where the immovable is located. In such cases, the competent court may be in the region where the contract for the immovable was made or where the defendant party resides.
Which Court Handles Problems Regarding Rental Agreements?
In cases where the landlord is taken to court or the tenant is taken to court by the landlord, the competent court is the Civil Court of Peace. The solution to all problems arising from the contract after the renting of immovables such as workplaces or residences has been the Civil Court of Peace. Even if a compensation lawsuit or rent receivable lawsuit has been filed alone, the subject of the lawsuit is taken into account to determine the competent court in this case. The competent court is determined according to the amount that is the subject of the lawsuit.
When Does a Rental Agreement End?
The end date of a rental agreement is the end of the date specified in the contract. If the year was not written in the contract, the contract automatically extends for another 1 year if the parties do not terminate the contract or perform any action such as renewal. Indefinite-term rental agreements can end with the landlord's eviction request when the tenant completes 10 years. Indeed, the landlord can evict their tenant who has used the same residence for 10 years without showing cause.
Termination of the Rental Agreement
In addition to the termination of the rental agreement, the situations that occur in rental agreements are as follows:
A rental agreement with a specified period is terminated upon the expiration of the period. However, if the tenant-property owner relationship is continued without any action, the rental contract turns into an indefinite contract.
In case of encountering a termination request from one of the parties in indefinite-term rental agreements, legal termination periods and termination notification rules must be followed. In case of non-compliance with the termination periods and rules specified in the contract and the law, the application remains valid until the next termination period.
In case of damage to one of the parties or the property, emergency termination is applied.
Which Clauses Should Be in a Rental Agreement?
The clauses of a rental agreement are a document with legal validity that must be prepared meticulously and are very important for the validity of the contract and its cancellation in some cases. Rental agreements that create a debt relationship between the tenant and the landlord can lead to loss of rights for both parties due to ignored clauses. For this reason, a sample house rental agreement and the preparation of contracts by a lawyer are very important. Clauses that must be in a rental agreement:
Apartment
Neighborhood and address information
Type of Rented Property
Name and Surname of the Landlord
Landlord's T.R. Identity Number
Landlord's Address
Tenant's Name and Surname
Tenant's T.R. Identity Number
How Is a Rental Agreement Prepared?
After the rental agreement is prepared, it should be signed in the presence of a notary. If there is a guarantor, all information regarding the guarantor must also be in the contract. Other clauses are:
Tenant's Address
Start Date of the Contract
Duration of the Contract
Annual Rental Amount
Monthly Rental Amount
Payment Method of the Rental Amount
Method of Use of the Rented Property
Condition of the Rented Property
Fixtures Delivered with the Rented Property
Signature
Date
In Which Cases Can a Tenant Be Evicted?
Situations where the tenant is evicted are situations that go beyond the scope of the contract and where the tenant violates the rights of the landlord. In addition, if the landlord has a necessity to reside in the rented house, they can request the eviction of the tenant.
In arbitrary or optional situations, the legal eviction of the tenant is not possible. Tenant eviction conditions are determined legally. Rental agreements made protect both the tenant and the landlord. However, in some cases, the eviction of the tenant is legally possible.
What Are the Situations That Require the Eviction of the Tenant?
If the landlord wants to evict the tenant, they must file a lawsuit. However, this lawsuit can only be filed in the following situations. These are:
The landlord who rents out their house or workplace can request eviction due to the accommodation needs of themselves or the people they are obliged to look after. However, for this situation to be valid, a necessity and proof are required.
The eviction of the tenant can be requested in cases where the rented place needs to be repaired, reconstructed for zoning purposes, or altered.
Apart from these reasons, if there are enforcement or non-payment of rent situations, the lawsuit to be filed is different.
Rental Eviction Question: How Many Rents Must Be Unpaid to Be Evicted?
In cases of non-payment of rent, the eviction of the tenant; if the tenant has not paid their rent 2 times in one year and the landlord has sent a written notice for this 2 times, they can evict the tenant. After 2 notices, the property owner can take steps for the eviction of the tenant whenever they wish. However, for this, the notice must be made through a notary. If the tenant does not pay the rent 2019:
If the tenant has not paid the rent, the property owner sends a notice.
If a notice has been sent 2 times in one year, the eviction of the tenant can be requested.
How Is the Tenant Evicted?
The answer to the question of how many days a tenant can delay the rent is somewhat left to the landlord's initiative. Legally, the tenant is in debt to the landlord and is obliged to pay the rent on time according to the contract they signed when moving into the house. If they delay or do not pay the rent at all, a notice can be sent to the tenant in the same month.
Even if the tenant pays the rent after the notice, the 2nd notice sent in cases of rent delay or non-payment can cause the tenant to be evicted. The contract made for the rent expresses a binding meaning between the parties. For this reason, it contains clauses that must be fulfilled.
Why Is a Rent Determination Lawsuit Filed?
The reasons for filing a rent determination lawsuit are valid for both workplaces and residences, and it is filed to calculate the fair increase amount of the annual rent increase. Reasons for filing a rent and eviction lawsuit:
If a contract has been signed between the parties that the rent increase will be according to the PPI rates, the parties can determine the rent amount without exceeding the PPI rates.
However, if there is no mention of any increase situation between the parties, a lawsuit can be filed for the determination of a fair rent amount by the court.
Both the tenant and the landlord can file a rent determination lawsuit.
What Are the Subjects of a Rent Determination Lawsuit?
A workplace rent determination lawsuit is filed when there are disputes between the parties regarding the rent amount. The parties can determine the rent amount among themselves without filing any lawsuit, but there is a legal limitation in this determination. According to Articles 2 and 3 of Law No. 6570, PPI rates are taken into account in the increase in rent money. Rent determination lawsuits can only be filed if there is a rental agreement. If there is no rental agreement between the parties, it is not possible to file a rent determination lawsuit.
Why Is a Rental Agreement Annotated in the Land Registry?
The reason for annotating the rental agreement in the land registry is to protect the tenant in long-term signed contracts. Because in cases where the rental agreement is long, there is a possibility that the new property owner may terminate the contract in case the property is sold. To prevent this situation, the contract is entered into the annotations section of the land registry, and the contract is considered valid if the property is sold to a new person. In contracts annotated in the land registry, the new property owner does not have the right to cancel the contract. This process is carried out by a notary.
How Long Is a Rental Agreement Valid?
The validity of a rental agreement is the period specified in the contract. If the rental agreement validity year in the contract is 2 years, the contract must be signed again at the end of 2 years. If a date is not specified in the contract, the contract must be renewed within 5 years even if it maintains its validity.
This paves the way for a healthier legal process and protects the rights of the parties. To understand how rights can be protected with a rental agreement, filled-out rental contract samples should be examined.
Legal Periods Regarding Rental Contract
Apart from the fact that the rental contract period limit is 5 years if no period is specified in the contract, the contract requires knowledge of some legal periods. In this way, the parties understand their rights better. These legal periods and details are as follows:
The property owner can evict the tenant who has stayed in their property for 10 years upon request, without a just cause.
The property owner must specify the rent increase amount in the rental contract. Even if they have not specified it, they can increase it by at most the PPI rate. The increase rate of a property owner who makes an excessive increase is invalid. They cannot evict their tenant on the grounds of non-payment of rent.
In cases where an agreement is made with foreign currency, no raise can be applied to the rent for a period of 5 years.
How to Evict a Tenant?
There are several legal ways for the eviction of the tenant, such as enforcement and notice. The reasons for the eviction of the tenant are:
The tenant not paying the rent within the time intervals specified in the rental agreement,
Delaying the rent,
Non-payment of rent,
Situations where the people the landlord is obliged to look after or the landlord themselves need to reside in the house,
The tenant not using the house in accordance with the contract, the eviction of the tenant can be requested in these cases.
How Does Tenant Eviction Happen?
For the eviction of the tenant, 2 justified notices must have been sent by the landlord within a one-year period. The notices must be sent through a notary. After 2 justified notices, even if the tenant pays their debt, an application for eviction can be made within one year. The other way is enforcement. How to remove a tenant who does not pay rent:
Enforcement proceedings can be initiated for the removal of the tenant by applying to enforcement offices.
If there is no objection to the enforcement proceedings within a week, legal action is initiated for the provision of the debt within 30 days. During this period, the person is also required to vacate the house.
A notice can be sent to the tenant through a notary.