WHAT ARE THE TENANT'S RIGHTS?
WHAT ARE THE RIGHTS OF A TENANT?
In my column this week, I will try to explain one of the most frequently asked questions I receive from you: "What are the rights of a tenant whose landlord wants them to vacate despite the ongoing contract?" As you are aware, many legal disputes regarding rental law have been reaching the courts recently.
The request to evict a tenant while the contract between the tenant and the landlord is still in effect is not considered legally valid.
A tenant possesses certain rights, provided that the rental agreement meets the necessary requirements. These rights generally arise from the obligations of the lessor. Within the scope of these rights and obligations, a tenant may make certain demands of the landlord.
The right to take delivery of the leased property from the landlord in a condition suitable for the purpose for which it was rented.
The right to demand the removal of any issues that prevent the use of the property during the term of the rental agreement.
The right to terminate the contract and rescind the agreement for a just cause in the event that the landlord fails to fulfill the obligations imposed by the Turkish Code of Obligations.
The right to demand compensation for damages arising from the late delivery of the leased property to the tenant.
The right to demand that the landlord cover ancillary expenses related to the use of the leased property.
The right to request the rectification of any defects.
The right to demand that the landlord fulfill mandatory insurance, tax, and similar obligations, unless otherwise agreed. For example, the tenant may demand that the landlord cover ancillary expenses such as elevator repair costs, thermal insulation fees, etc.
The right to demand that the landlord assume the defense and cover all incurred damages if a third party asserts a claim on the leased property.
The right not to be evicted from the leased property before the contract term expires, without a valid justification, as long as the contract remains in effect.
The right to transfer or sublease the property, provided that written permission is obtained from the landlord.
No payment obligations other than the rent and ancillary expenses (heating, lighting, water, dues, etc.) can be imposed on the tenant.
Agreements stipulating that a penalty fee will be paid in the event of late rent payment, or that subsequent rent payments will become immediately due, are invalid.