What is a Rental Contract?
In Turkey, a lease agreement is an agreement in which the lessor offers a real estate (house, shop, office, etc.) to the tenant for a certain period of time and for a certain price, and the tenant agrees to pay this price. You can find a sample rental contract below.
What are the obligations imposed on the parties by the Lease Contract?
The rights of the tenant and the landlord are regulated under the Turkish Code of Obligations, and the lease agreement imposes both debts and responsibilities on both parties. For more, you can check out our article titled ‘What are the Rights of the Tenant and the Landlord?’.
Rental Contract Sample – (Pdf -Word)
You can download the ‘Lease Agreement Sample’ from below and change any points you want. The example is in word format so that the arrangements can be made. You can also use it as a pdf after making the necessary changes.
How to Make a Lease Agreement? – How to fill it out?
There are some basic steps and information to consider when making and filling out the contract. As follows:
- Obtaining the Contract Template
You can download the rental contract form from the title below or from other websites. You can also prepare your own rental contract. In this case, you should make sure that the form includes all the elements completely.
- Entering the Party Information
Information such as the name, surname, address, Turkish Republic identity number or tax number, if any, of the lessor should be filled in completely.
Information such as the name, surname, address, Turkish Republic identity number or tax number, if any, of the tenant should be entered.
Telephone numbers and other contact addresses of both parties can also be added.
- Information of the Leased Real Estate
The full address and features of the rented place (e.g. apartment number, floor number) should be written.
The status of the real estate (e.g. whether it is furnished or vacant, the status of the fixed assets) should be documented. If necessary, a due diligence report can be prepared and this report can be added to the contract.
- Rent Fee and Payment Terms
The monthly rental fee should be stated as net and gross.
The day of each month the rent will be paid and the payment method (bank transfer, cash, etc.) should be detailed.
The rent increase rate and the dates on which the increase will be made throughout the contract period should be stated.
If paid, the amount of the deposit and the conditions under which it will be returned should be written.
- Rental Period
The start and end dates of the contract should be clearly stated.
Information should be provided on how the contract will be renewed when the lease period ends.
- Terms of Use of the Rented Property
The leased property is a residence, workplace, etc. How to use it should be stated.
It should be stated that the tenant should not damage the property and how the necessary maintenance will be done.
Details such as whether the tenant can rent the rented property to someone else should be added.
- Special Terms and Attachments
Special conditions mutually agreed upon by the parties may be specified here.
If there are annexes such as a due diligence report or a list of fixed assets prepared in addition to the lease agreement, these should also be added to the agreement.
- Signatures and Date
The lease agreement must be signed by both the lessor and the tenant.
The date the agreement was signed must be stated.
- Keeping the Contract
It is recommended that the contract be prepared in at least two copies and that both parties keep one copy.
How Many Years is the Rental Contract Valid?
The validity period of the lease contract may vary depending on the conditions agreed upon between the tenant and the lessor. Within the framework of current legislation, flexibility is provided regarding the duration of lease contracts, and the parties can determine the duration according to their needs and agreements.
Fixed-Term Contract:
If a specific period (for example, 1 year) is specified in the lease contract, the contract automatically terminates at the end of this period. If no notice is given at least fifteen days before the expiration of fixed-term contracts, the contract is considered to have been extended for another year with the same conditions. You can see our article on the rent increase rate.
Indefinite-Term Contract:
If no period is specified in the contract, such contracts are considered indefinite-term lease contracts and both parties can terminate the contract according to the termination conditions.
What Happens If the Rental Contract Is Not Renewed?
This situation varies depending on the type of rental agreement and the attitudes of the parties.
If one of the parties does not request a renewal when the term of a fixed-term lease expires and the tenant continues the lease relationship, the contract is automatically extended for one year with the same conditions. This extension process applies to residential and commercial leases.
In indefinite-term leases, the parties can terminate the contract by complying with the legal termination notice periods. For residential and commercial properties, this notice period requires a termination notice to be given at least three months before the last day of the six-month lease periods.
Where is a Rental Contract Made?
A lease contract is a contract that the parties mutually agree on any It can be done at any place. There is no legal obligation regarding the place where the contract will be made.
Is Notary Required for a Rental Contact?
Notarization is not mandatory for a lease agreement. However, the parties can have the contract approved by a notary if they wish.
How is a Rental Contract Made at a Notary?
By presenting your lease agreement to a notary or the agreement prepared at a notary, the parties sign it in the presence of a notary. Then, the necessary notary fees are paid and the transactions are completed with notary approval.
Is Stamp Duty and Withholding Tax Paid in a Rental Contract?
Stamp duty is a type of tax collected on certain documents. Lease agreements are also among the documents subject to stamp duty. However, residences are exempt from this tax.
