Legal Rights of Tenants in Lease Agreements in Turkey
In Turkey, tenants possess legal entitlements outlined in lease agreements, constituting fundamental aspects of lease law alongside landlords' rights. These rights, varying based on property type, emanate from rental law obligations. Tenants hold the prerogative to assert various claims within the framework of their rights.
Both landlords and tenants must comprehend their rights and obligations during the tenancy to avert potential disputes. Awareness of conditions permitting eviction for both parties is crucial. Lack of knowledge heightens the risk of undesirable situations.
Rental law in Turkey is expansive, necessitating a thorough grasp, especially concerning rent increases and evictions, to safeguard tenants' rights. Engaging a "Rental Law Attorney" can prove invaluable in resolving rental law disputes and upholding tenants' rights.
Legal Nature of Lease Agreements in Turkey
Lease agreements involve the lessor (landlord) and the lessee (tenant), defining their legal relationship. The lessor, per Article 299 of the Turkish Code of Obligations, grants the lessee the right to use the property for a fee. The lessee pays rent for this privilege. These agreements, detailed legal contracts, outline mutual rights and obligations.
Under the Law of Obligations, lease agreements govern the landlord-tenant relationship, serving as crucial evidence in disputes. Mutual obligations, shaped by factors like property type, use, and lease duration, delineate rights and responsibilities. While legal regulations determine landlord-tenant rights, the lease agreement specifies their execution.
These rights establish a legal framework safeguarding parties' interests. Lease details, including rights and responsibilities, necessitate careful review and understanding before signing.
Tenants' Rights in Turkey Regarding Rent Increase and Adjustment
In Turkey, rent amounts agreed upon by parties typically increase annually by a specified rate in the contract. However, this increase is subject to a condition: it must not surpass the twelve-month average change rate of the Consumer Price Index (CPI) from the previous rental year. This regulation applies to lease agreements exceeding one year. In cases where the parties haven't predetermined the rate for the upcoming rental period, a judge determines the rent amount, ensuring fairness and compliance with the CPI rate from the prior year, considering the property's condition.
Given recent inflation, the Turkish Code of Obligations has temporarily capped rent increases at 25% to protect tenants from financial strain. Temporary Article 1 in the Turkish Civil Code extends this limit until July 1, 2024. Consequently, any rent increase exceeding 25% lacks legal grounds until the specified date.
An exception to this limit exists for lease agreements spanning over five years, allowing landlords to file rent determination lawsuits.
In disputes over rent amounts, tenants can seek resolution through the court, which impartially determines the rent for the new rental year. This decision considers the leased property's condition, comparable rental rates, and applies to agreements lasting or renewed after five years and subsequently every five years.
Where to Appeal for Tenant Rights in Turkey
In Turkey, tenants seeking to assert their rights regarding leased property can turn to specific channels for legal recourse. Typically, disputes between tenants and property owners are resolved in the civil court situated in the vicinity of the leased property. The court with jurisdiction is determined by the property's location.
While Turkey does not have local rent commissions, nor can tenants appeal to consumer arbitration boards, disputes involving material and moral compensation claims are addressed by the appropriate civil court, depending on the nature of the claim. Tenants are encouraged to seek legal counsel from Turkish Law Firm for comprehensive information and guidance on legal matters.
Author: C&B Law Firm
Esentepe Mah. Keskin Kalem Sok. Arya Plaza No: 17/4 34381 Şişli/İstanbul
+90 212 706 24 64
+90 212 706 24 64
ocokgor@cbhukuk.com
