Many foreigners in Turkey wonder how Turkish law deals with the issue of home contracts . So, it is important to clarify some important points that any person wishing to rent a house in Turkey should have access to, to know what he has and what he has to do.
Points to be included in the contract :
The contract in Turkey includes several important points, which must be taken into account, and careful to codify, to ensure the rights of the tenant, and the owner.
1. Personal data
Be sure to register the home owner’s personal data (full name – ID number ..), as well as for the tenant.
2 – old receivables
The owner must make a written commitment to the contract, not having any accumulated past receivables, such as bills or other charges.
The rent must be written clearly, and the date of payment of the rent is indicated. Preferably the method of payment should be mentioned (manually – bank account – real estate office).
4 – increase in the value of the rent
The parties should agree on a specific value for the annual increase of rent, and shall be entered into the contract, and we shall come to this point in detail later *.
5. Term of the contract
The term of the contract is stated, often annual, and is marked starting on the day of receipt of the apartment keys.
6. Additional expenses
Any additional revenue that the tenant will be required to pay later should be indicated except for the amount of the rent (cleaning proceeds – recreational facilities revenues …).
A tenant is often required to pay an insurance amount, which may be more than one month ‘s rent, in which case it must be mentioned within the contract.
Finally, the tenant, the owner or the official agent must be present at the time of writing the contract and the parties sign the contract.
Raise the rent
1. According to Turkish law, it is not permissible to raise the rent before one year from the date of the contract as the lowest estimate.
2. The lessee and the owner may determine the value of the increase during the writing of the contract by agreement, and it is advisable to do so.
3. If the increase is not specified, the increase is usually calculated based on the annual inflation rate, provided that this is done by mutual agreement between the parties.
4. If the value of the increase is not specified in the contract, and the tenant refuses a year later to agree with the lessee on a certain value, the landlord is not entitled to remove the tenant, but he may resort to the courts.
When the owner is entitled to cancel the lease ?
There is more than one case where the landlord has the right to cancel the lease and to legally remove the tenant.
1. In the case of expiry of the contract period, the owner may file a complaint against the lessee, if not vacated, one month after the expiry of the contract.
2 – the desire to make a repair or modification of the house, provided that these reforms can not be carried out in the presence of the tenant at home, in this case must be given to the tenant a period of time before the evacuation.
3. In the event of a delay in payment of the rent, the owner shall have the right to file a legal action against the lessee.
4. The contract may be terminated if the owner or his first-degree relatives need the house for the purpose of housing.