Hello, I am Attorney Gizem Gonce. Welcome to the program "On Law with Gizem Gonce," which I prepare and present for you on Saray TV. We are in the first program of 2021; I hope the new year brings health and happiness to everyone. In this year's f...

Hello, I am Lawyer Gizem Gonce. Welcome to the "Gizem Gonce ile Hukuka Dair" (Regarding Law with Gizem Gonce) program, which we prepare and present for you on Saray TV screens. We are in the first program of 2021; I wish everyone a year filled with health and happiness. The first guest of this year is Mr. Hüseyin Güntay, President of the Marmara Saray Real Estate Agents Association. First of all, thank you very much for joining our broadcast, Mr. Hüseyin; welcome. Before we begin this broadcast on tenancy law that we have prepared for our valuable viewers, could you tell us a little about yourself so that we and our viewers in front of the screens can get to know you?

Is there only one association in Saray, or are there others? Why did you feel the need to establish a new association?

Would you like to provide some information about the operations and establishment of the Marmara Saray Real Estate Agents Association?

WHAT ARE THE MOST COMMON PROBLEMS BEING EXPERIENCED LATELY?

Are there any problems being experienced with the municipality?

Are there any problems being experienced regarding agriculture?

How do you handle title deed applications?

Do you sign contracts when showing properties?

Beyond serving as the President of the Marmara Saray Real Estate Agents Association, you also carry out real estate transactions in every region of Turkey. What are the most common legal problems you encounter that are faced by citizens in this regard?

You mentioned that you provide professional consultancy regarding both the sale and leasing of real estate. If you wish, let's start answering the questions from our valuable viewers on this subject.

What Are the Legal Sanctions Against a Neighbor Who Makes Excessive Noise?

If your neighbor living in the same apartment building makes noise continuously and this noise becomes unbearable, there are a number of legal applications that can be made. Examples of such noise include air conditioner noise, constant guests and noises made by children, and noise created by the sound of a vacuum cleaner. The first step should be to warn the noisy neighbor verbally in a polite manner. However, if the neighbor persistently continues their noisy behavior and actions despite your warnings, it is necessary to notify the building manager, who was selected through a joint decision, to intervene. The building manager must verbally warn the neighbor who is causing discomfort to other residents in the building and request that they put an end to this situation. However, if, despite all these objections, the neighbor continues to make noise in violation of the rules arising from the Property Ownership Law, a written warning notice must be sent through a notary public. If the noisy neighbor is a tenant, the landlord must be contacted to ensure this situation is prevented. As explicitly regulated in the Property Ownership Law, neighbors living in the same apartment building or housing complex must not disturb one another.

Article 18 of the Property Ownership Law states: "The proprietors, while using their independent sections, as well as the appurtenances and common areas, are mutually obliged to comply with the rules of integrity, in particular not to disturb one another, not to violate each other's rights, and to comply with the provisions of the management plan."

One may apply to the Civil Court of Peace against a noisy neighbor and request an injunctive relief order if the elements causing the disturbance are proven. It is highly important that these applications be made with a lawyer. In the lawsuit to be filed at the Civil Court of Peace, certain court fees and advance litigation expenses must be paid.

Another legal procedure is to file a criminal complaint by applying to the Chief Public Prosecutor's Office in your region against the neighbor who makes noise continuously. Following the application to the Chief Public Prosecutor's Office, if the prosecutor's office decides to file a lawsuit after collecting evidence, it prepares the indictment.

In accordance with the obligation to transfer property ownership as regulated in Article 25 of the Property Ownership Law:

If one of the flat owners fails to fulfill their debts and obligations falling upon them according to this law, and violates the rights of other flat owners to such a degree that it becomes unbearable for them, the other owners may request from the judge that the ownership right of that flat owner over their independent section be transferred to them.

(Amended second paragraph: 14/11/2007-5711/12 art.) For such a flat owner, the lawsuit for the transfer of the ownership of the independent section to the other flat owners in proportion to their land shares, by paying the flat owner the value of the property at the date closest to the judgment, is subject to the decision of the majority of the other flat owners in number and land share, unless otherwise decided. If some of the flat owners do not wish to file this lawsuit despite this decision, the other flat owners shall file the lawsuit, and before the judge renders a judgment, they shall grant the plaintiffs a reasonable time ex officio to deposit the transfer price into a three-month term account at a bank to be paid to the right holder in the future and to submit the receipt. When the document stating that the transfer price has been deposited within the time limit is submitted and if the case is accepted, the judge decides that the ownership of the defendant's independent section be transferred to the flat owners who filed the lawsuit in proportion to their land shares and that the transfer price be paid to the defendant together with the accrued interest.

In the following cases, the unbearability written in the first paragraph is deemed to exist in any event:

a) Causing three instances of execution or lawsuit proceedings within two calendar years due to failure to pay the debts falling upon them from common expenses and advances;

b) Persistently continuing to violate the rights of other flat owners for one year by failing to fulfill the debts and obligations written in this law, despite the order given by the civil judge of the place where the main immovable property is located in accordance with Article 33;

c) Acting contrary to morality and customs by using their independent section as a brothel, gambling house, or similar place.

(Amended fourth paragraph: 14/11/2007-5711/12 art.) The right to file a lawsuit in this article shall lapse if not exercised within six months starting from the date of learning about the decision to file a lawsuit taken by the flat owners regarding the transfer, and in any case within five years starting from the birth of the right to file the lawsuit, or if the cause of the lawsuit has disappeared.

What Are the Legal Sanctions for a Landlord Failing to Have Insulation Installed in Their Rental Property?

If there is no insulation in the apartment you are renting, you can request this from the landlord. If this request is not accepted by the landlord, you have the right to reduce the repair costs from the rent at the rate of depreciation and offset them. Failure to provide thermal insulation causes high natural gas bills, which leads to grievances for the tenant. As clearly regulated in Article 4 of the Property Ownership Law; "roofs, chimneys, general roof terraces, rain gutters, fire escape stairs" are among the common areas used by flat owners. The Property Ownership Law stipulates that expenses related to common areas must be paid by all flat owners. Transactions that will cause the main structure of the immovable to deteriorate are considered within the scope of urgent repair.

As regulated in Article 19 of the Property Ownership Law, titled "Maintenance of the main immovable, its protection, and responsibility for damages";

"In the event that it has been determined by the court that a defect in common areas and facilities is damaging the main structure or an independent section or sections and that it needs to be repaired urgently, or that strengthening of the main structure is mandatory, the consent of the flat owners is not sought for this repair and strengthening to be carried out in accordance with its project and technique."

In light of the "urgent repair" determination by the court's decision, you have the right to have the repairs done and demand the collection of expenses and damages incurred from other flat owners via a court order. There is no situation where other flat owners can refuse to participate in the decision made by the court or the flat owners. The Property Ownership Law has explicitly made it mandatory for all flat owners to cover the expenses requiring urgent repair. However, the Property Ownership Law stipulates that flat owners are not required to pay for repairs that fall outside of architectural projects and are considered luxury.

Tenants also have an obligation to participate in maintenance and repair work carried out for roofs and terraces in the common areas of the apartment building. The tenant has the right to offset the common area expenses they have paid from the rent by sending the payment to the building manager via bank transfer with a descriptive statement. If the expenses incurred are more than the rent, in this case, the tenant is only liable to offset up to the amount of the rent. The landlord must cover the remaining balance.

Furthermore, the tenant has the right to perform useful and necessary repairs found in the leased immovable that are contrary to the nature of the lease. Useful and necessary repairs are explained as follows: in cases where the water and electricity installations in the leased immovable are insufficient for ordinary use or are faulty, the tenant has the right to demand that the cost be offset from the rent by covering these malfunctions themselves.

Are Eviction Procedures Applied if Pets Make Noise and Disturbances in an Apartment Building?

Keeping pets is not legally prohibited for neighbors living together in the same apartment building. However, keeping pets can be prohibited by a decision taken by the apartment management.

As regulated in clause Z of Article 4, titled "Domestic activities and noise caused by neighbors," of the Regulation on the Assessment and Management of Environmental Noise issued by the Ministry of Environment and Forestry (Official Gazette Date: 04.06.2010 - Number: 27601);

It is regulated that it covers activities such as closing doors and windows, walking, talking, cleaning, moving furniture, watching television, listening to the radio, all kinds of musical instruments not used for entertainment purposes, using appliances such as washing machines, refrigerators, vacuum cleaners, and keeping pets, as well as renovations to be made inside the building, originating from the behaviors and habits of people within the residence.

With this regulation, the definition, criteria, and decibel levels of noise made in the apartment are regulated.

In the regulation, the decibel limits of the noise that pets and neighbors can make are regulated in the form of day-night, open-closed window, and indoor-outdoor environment. Decibel measurement is performed by the Provincial Directorate of Environment and submitted to the complaint file. If a noise level exceeding the decibel limits regulated in the regulation is detected; if a dog is barking very loudly above a certain decibel and creating noise pollution, then eviction proceedings are initiated.

Who Should Pay the Expenses if the Roof Leaks?

All flat owners are liable to pay for the repair costs that will arise due to broken roof tiles and the roof leaking, even if the tenant is residing on the top floor. According to clause c of Article 4 of the Property Ownership Law, the roof is considered a common area.

IV - Common areas:

Article 4 – The subject of common areas can be specified by contract. The places and things written below are considered common areas in any case according to this Law.

a) Foundations and main walls, beams, columns, and curtain walls constituting the load-bearing system and other elements that are part of the load-bearing system, common walls separating independent sections, ceilings and floors, courtyards, general entrance doors, foyers, stairs, elevators, landings, corridors and general toilets and sinks in these places, janitor apartments or rooms, general laundry and laundry drying areas, general coal cellars and common garages, housings and closed parts intended for the protection of electricity, water and gas meters located outside the independent section, boiler rooms, wells and cisterns, general water tanks of the structure, shelters,

b) Sewage installations and garbage chutes other than each flat owner's own section, as well as heating, water, gas and electricity installations, common networks and antennas for telephone, radio and television, hot and cold air systems,

c) Roofs, chimneys, general roof terraces, rain gutters, fire escape stairs.

Other places and things that fall outside those listed above but are necessary for common use, protection, or benefit also fall under the subject of (Common areas). As regulated in the Property Ownership Law, all flat owners are responsible for expenses related to common areas.

According to the established precedents of the Court of Cassation, all flat owners must bear the mandatory repair expenses for the roof and terrace that affect the main structure. Requests by flat owners who do not want to cover the mandatory repair expenses are considered invalid.

Tenants also have an obligation to participate in maintenance, repair, and arrangement works carried out for the roof or terrace, just as they do for all other common areas of the apartment. However, after the tenant pays the amount they are responsible for regarding the roof to the site management via bank transfer, they have the right to offset this receipt from the rent paid to the landlord. Since the repair cost of the roof is covered by the landlord's rental income, the responsibility for payment belongs to the tenant, and the duty of payment lies with the landlord. In accordance with the Property Ownership Law and established Court of Cassation precedents, the financial liability in this regard is limited to the tenant's rent.

In accordance with the Property Ownership Law, it is stipulated that important management matters such as leasing the exterior walls, roof, or terrace of the main structure for advertising purposes can only be carried out upon a decision made by the unanimous vote of all flat owners.

Also, another important point is that the opening of a beauty salon in an apartment building also requires a unanimous decision by the board of flat owners. The General Assembly of Civil Chambers of the Court of Cassation has conditioned the use of an apartment as a workplace on a unanimous decision by the board of flat owners.

Can Rent Increases Be Challenged Due to the COVID-19 Pandemic?

The COVID-19 pandemic continues to deeply affect many people financially and morally. Workers are unable to receive their salaries and are being placed on unpaid leave indefinitely, while employers have had to close their workplaces due to restrictions. This situation has also affected the rent payments of tenants living in rental properties. Tenants have had difficulty making their rent payments to landlords and have begun to consider what legal remedies can be resorted to against landlords who want to increase rent. There is much debate about whether the pandemic process that emerged with the COVID-19 pandemic can be considered force majeure. In the decisions of the General Assembly of Civil Chambers of the Court of Cassation, the "concept of force majeure" is explained as: "Force majeure is an extraordinary event that occurs outside the activity and business of the liable party or the debtor, which leads to the violation of a general norm of conduct or debt in an absolute and inevitable way, and which cannot be foreseen or resisted. Natural disasters such as earthquakes, floods, fires, and epidemics are considered force majeure."

As regulated in the general provisions of the Turkish Code of Obligations, tenants have the right to file a rent adjustment lawsuit because the COVID-19 pandemic is a force majeure. If tenants find themselves unable to pay the rent, they can resort to terminating the rental contract without compensation. Rent debts are not erased due to the COVID-19 pandemic, and tenants are obliged to pay their rent. However, there is no provision in our legislation that rent cannot be paid during the COVID-19 pandemic process, or that rent cannot be increased at the end of the year or period. It is clear in the decisions given by the General Assembly of Civil Chambers of the Court of Cassation that the COVID-19 pandemic process is accepted as force majeure. Extreme hardship in performance is regulated in Article 138 of the Turkish Code of Obligations. Namely; if an extraordinary situation that was not foreseen by the parties at the time of the conclusion of the contract and which is not expected to be foreseen arises for a reason not originating from the debtor, and changes the existing facts at the time of the conclusion of the contract to the detriment of the debtor to such an extent that demanding performance from them would be contrary to the rules of honesty, and if the debtor has not yet performed their debt or has performed it while reserving their rights arising from the extreme difficulty of performance, the debtor has the right to request the judge to adapt the contract to the new conditions, and if this is not possible, the right to withdraw from the contract. In continuous performance contracts, the debtor, as a rule, exercises the right of termination instead of the right of withdrawal.

As clearly regulated in the article of the law; the tenant has alternative rights arising from the law in the presence of force majeure due to extreme hardship in performance. Accordingly, the tenant has the right to request a reduction in rent and the termination of the rental contract without compensation. If the tenant is in a position where they cannot pay the rent at all, in this case, they must vacate the house and terminate the rental contract.

You have the right to file a rent adjustment lawsuit in accordance with the relevant articles of the Turkish Code of Obligations by not accepting the landlord's request to increase the rent during the pandemic period. It is necessary to continue paying the rent at the old rate during the lawsuit period. You can request the adjustment of the rent by notifying the court of reasons such as dismissal from work and being placed on unpaid leave due to the COVID-19 pandemic. The rent adjustment lawsuit is filed at the Civil Court of Peace where your residence is located. However, before filing the lawsuit, it would be legally beneficial to send a warning notice to the landlord via a notary public informing them of the situation.

What Is a Rental Contract?

In Article 299 of the Turkish Code of Obligations, a rental contract is defined as a contract whereby the lessor undertakes to leave the use of a thing or the benefit of it together with use to the lessee, and the lessee undertakes to pay the agreed rent in return. It is signed between the owner of the rented immovable and the person renting the immovable.

How Many Copies of a Rental Contract Should Be Filled Out?

The rental contract must be prepared in two copies. The tenant and the landlord must sign the bottom of each page, and one signed copy should remain with the tenant and the other signed copy with the landlord.

How Is a Rental Contract Prepared?

The tenant and the landlord should write down the detailed information of the immovable to be rented and, if possible, sign the rental contract in the presence of a notary and a guarantor. The articles that should be paid attention to when preparing a rental contract are as follows;

Tenant's Address

Start Date of the Rental Contract

Duration of the Rental Contract

Annual Rent

Monthly Rent

Method of Rent Payment

Manner of Use of the Rented Property

Condition of the Rented Property

Fixtures Delivered with the Rented Property

Signature

Date

What Are the Clauses That Should Be Included in a Rental Contract?

To establish a valid rental agreement, certain formal requirements must be met. It is of great importance that the rental agreement is prepared with the assistance of an expert lawyer, incorporating the relevant legal provisions, to ensure the agreement is valid and to allow for cancellation in certain situations. The absence of essential clauses in a rental agreement can result in both material and moral damages for the parties. The essential clauses that must be included in a rental agreement are as follows;

Apartment

Neighborhood and address information

Type of Rented Property

Full Name of the Lessor

Turkish Identity Number of the Lessor

Address Information of the Lessor

Full Name of the Lessee

Turkish Identity Number of the Lessee

Address Information of the Lessee

Full Name, Address, and Turkish Identity Number of the Guarantor (if any) in the Rental Agreement

How Many People Should Be Involved in a Rental Agreement Between Family Members?

A rental agreement can be drawn up for as many people as there are co-tenants. The necessary parties for a rental agreement are: 1 lessor and 1 lessee. However, multiple people may wish to rent an apartment, workplace, or any other property together by mutual agreement. In such cases, there are as many lessees as there are people in the agreement. However, there must be enough copies of the rental agreement to provide one to each tenant and the property owner. Consequently, the stamp duty to be paid when preparing the rental agreement at a notary public increases because there are multiple tenants.

Families often prefer to have the rental agreement under one person's name. For this, one individual whose name will appear on the agreement is determined by the family itself. This person is the family member with a regular monthly income. If there is more than one family member with a regular monthly income, they make a decision among themselves.

How Is a Rental Agreement Terminated?

The end date of a rental agreement is the date specified in the contract. If no year is written in the contract, and the parties do not terminate the agreement or perform any renewal actions, the agreement automatically extends for another year. Indefinite-term rental agreements may end upon the landlord's request for eviction once the tenant has completed 10 years. In fact, a landlord can evict a tenant who has occupied the same residence for 10 years without providing a reason.

Termination of the Rental Agreement

In addition to the termination of the rental agreement, the following situations occur in rental contracts:

• A fixed-term rental agreement terminates upon the expiration of the term. However, if the tenant-landlord relationship continues without any further action, the rental contract turns into an indefinite-term contract.

• In the case of a request for termination by one of the parties in indefinite-term rental agreements, the legal notice periods and termination notification rules must be followed. If the termination periods and rules specified in the contract and law are not observed, the termination becomes effective in the subsequent termination period.

• In the event of damage to one of the parties or the property, immediate termination is applied.

What Does It Mean for a Rental Agreement to Be Invalid?

Situations where a rental agreement is invalid differ for the landlord and the tenant. After the contract is signed, the landlord cannot terminate the agreement unless there are situations contrary to the contract. However, the tenant can terminate the agreement by sending a written notice to the landlord 15 days before the expiration of the contract term.

What Are the Conditions for Canceling a Rental Agreement?

• For a 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 agreement provided that they give 15 days' notice if they wish to move out or in the event of inappropriate rent increases.

What Are the Requirements for Extending a Rental Agreement?

A rental agreement renews and extends automatically if the parties do not notify each other that it will not be extended one month before the expiration of the agreement. Rental agreements are divided into two types: fixed-term and indefinite-term.

Indefinite-term rental agreements renew automatically, indefinitely, as they have no determined duration. However, fixed-term rental agreements have a specific timeframe during which they are valid. When the date of a fixed-term rental agreement ends, the agreement 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, they are obliged to state this at least 1 month before the expiration 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 Be Extended?

If the tenant does not notify at least one month in advance that the rental agreement will not be renewed, the rental agreement automatically renews. For example, if a tenant who is going to vacate the house on the day the rental agreement ends informs the landlord 1 week before vacating that the rental agreement will not be renewed, the landlord has the right to renew the rental agreement. The landlord can demand rent even if the tenant vacates the house on the day the contract ends.

Which Court Is Responsible for Handling Disputes Arising from Rental Agreements?

The court authorized for rental agreement cases is the Civil Peace Court. The Civil Peace Court is responsible for all cases based on rental agreements, as well as any compensation claims filed alongside these cases. Furthermore, the competent court for a rental agreement is determined based on the amount of the rent receivable or the compensation requested. Especially in eviction cases, it is not mandatory to file the case where the property is located. In such cases, the competent court may be in the region where the contract for the property was made or where the defendant party resides.

What Are the Situations That Require the Eviction of the Tenant?

There are several legal paths for the eviction of a tenant, such as enforcement proceedings and formal warnings. The grounds for the eviction of a tenant are:

Failure of the tenant to pay rent within the intervals specified in the rental agreement,

Delaying the rent,

Non-payment of rent,

Situations where the landlord or people whom the landlord is obliged to support need to reside in the property,

Eviction can be requested if the tenant does not use the house in accordance with the contract.

Why Is a Rent Determination Case Filed?

The grounds for filing a rent determination case apply to both workplaces and residences and are filed to calculate the fair increase amount for the annual rent. The reasons for filing rent and eviction cases are:

• If a contract has been signed between the parties stating that the rent will increase according to the Producer Price Index (PPI) rates, the parties can determine the rent amount without exceeding the PPI rates.

• However, if no increase situation has been mentioned between the parties, a case can be filed for the court to determine a fair rent amount.

• Both the tenant and the lessor can file a rent determination case.

Why Is a Rental Agreement Registered on the Title Deed?

The reason for registering a rental agreement on the title deed is to protect the tenant in long-term contracts. This is because, in cases where the rental agreement is long-term, there is a possibility that the new property owner could terminate the agreement if the property is sold. To prevent this, the agreement is entered into the annotations section of the land registry, and if the property is sold to a new person, the agreement is considered valid. In agreements registered on the title deed, the new property owner does not have the right to cancel the contract. This process is carried out by a notary public.

Rental Registration Stamp Duty Rate

Stamp duty for a rental registration becomes mandatory if the registration is carried out at a notary. The stamp duty rate is determined according to the Stamp Duty Law. Stamp duty is charged at a rate of 1.89 per thousand of the rental amount according to the contract term. Additionally, a certain amount of fee is paid if rental agreements are registered on the title deed. The title deed fee rate for rental registration was 6.83 per thousand in 2019. To carry out the rental registration, a passport-sized photo, the rental agreement, and an identity card or a substitute document are required.

After How Many Unpaid Rents Can an Eviction Case Be Filed?

In cases of non-payment of rent, the eviction of the tenant can occur if the tenant has failed to pay the rent twice within a year and the landlord has sent 2 written notices for this. After 2 notices, the property owner can take steps for the tenant's eviction at any time. However, this requires the notice to be served through a notary. If the tenant does not pay the rent,

If the tenant has not paid the rent, the property owner sends a notice.

If a notice has been sent twice within one year, the eviction of the tenant can be requested.

What Are the Grounds for Tenant Eviction?

Situations in which a tenant is evicted are those that fall outside the scope of the contract and where the tenant violates the rights of the lessor. In addition, if an obligation arises for the lessor to reside in the property they have rented out, they may request the eviction of the tenant.

It is not possible to evict a tenant legally in arbitrary or discretionary situations. The conditions for evicting a tenant are determined by law. Rental agreements protect both the tenant and the lessor. However, in some cases, the eviction of the tenant is legally possible. If the lessor wants to evict the tenant, they must file a lawsuit. However, this lawsuit can only be filed in the following situations. These are:

The lessor who rents out their house or workplace; they may request eviction for people they are obliged to support or due to their own housing needs. However, for this to be valid, a situation of necessity and proof are required.

The eviction of the tenant may be requested in cases where the rented place needs repair, construction for reconstruction purposes, or modification.

Other than these reasons, if there are enforcement or non-payment of rent situations, the lawsuit to be filed is different.

How Is a Rental Agreement Made?

A rental agreement is made by bringing together the people who will sign the rental agreement. The rental agreement is made between the person who will rent out their property and the tenant. If the landlord requests it, the tenant may also have 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 place is to be rented to more than one person; more than one person's name appears as a tenant on the rental agreement. The rental contract is prepared in a way that every person whose name and signature are on the rental agreement has 1 copy.

What Does a Rental Agreement Include?

A rental agreement includes the information of the tenant and the person who rents out the property, information about the place to be rented, general conditions regarding the rental agreement, and special conditions for the rental agreement. The amount of rent and the amount of fixtures are included on the first page. The conditions that the tenant must legally comply with are in the general conditions section. Special requests made by the landlord to the tenant and bank account information are in the special conditions section.

How Does Tenant Eviction Occur?

For the eviction of a tenant, 2 justified notices must have been sent by the landlord within a one-year period. The notices must be sent via a notary. After 2 justified notices, even if the tenant pays their debt, an application for eviction can be made within one year. Another way is enforcement. How to evict a tenant who does not pay rent:

• Enforcement proceedings can be initiated for the removal of the tenant by applying to enforcement offices.

• If the enforcement proceedings are not objected to within one week, legal action is initiated for the collection of the debt within 30 days. During this period, the person must also vacate the house.

• A notice can be sent to the tenant via a notary.

What Should Be Considered When Preparing a Rental Agreement?

- Fill out the contract by seeing the title deed or power of attorney indicating that the lessor is the property owner.

- Write the basic information about the property, such as the address and the nature of the property (house, workplace), into the contract.

- Then, fill in the personal information regarding the lessor and the tenant completely. Make sure the Turkish ID information is written.

- Also write the rent amount and payment dates you have agreed upon with the lessor.

- Pay attention to the accuracy of the dates on the rental contract.

- Fill in the information regarding the fixtures inside the rented property.

- It is much healthier to sign the rental contract in the presence of guarantors. Both parties' signatures must be on all pages of the rental contract.

– Also, write in detail in the agreement the bank account information where the rent will be deposited and how it will be deposited.

– The content of the deposit and the conditions under which it will be refunded should be clearly stated in the rental contract.

- If you have paid a deposit, it is useful to specify the date and amount you paid, and under what conditions it will be recovered.

- If the rent will be sent via money order or EFT, you should send it with a description such as "March 2019 rent payment".

- The rest of the contract is full of standard legal provisions. After reading this part, you can proceed to the signing stage.