In Turkey, the rights of the tenant and the landlord are regulated under the Turkish Code of Obligations, and the lease agreement imposes both debt and responsibility on both parties. Here are some basic rights of tenant and landlord:
Tenant’s rights
The rights of the tenant include the basic rights to use the property in accordance with the lease agreement, live in a safe environment and respect privacy. Here are some important rights that the tenant has:
- Requesting a Discount in the Rental Price: If an extraordinary situation occurs that is not caused by the fault of the tenant (for example, pandemic, damage to the real estate, etc.), the tenant has the right to request a reduction in the rental price from the landlord. The parties may determine a new rental fee, taking into account the changing conditions. If the landlord rejects this request, the tenant may file a declaratory suit.
- Duration and Extension of Lease Agreement: If the lease agreement is made for a certain period of time, the owner cannot evict the tenant without reason, even if the agreement ends. The tenant has the right to terminate and the contract is automatically extended for another year. The tenant may terminate the lease at the end of each year.
- Ability to Transfer the Property: The tenant can transfer the rented property to someone else for rent. However, it should be done with written permission and on condition that it does not damage the property.
Participation in Apartment / Site Management: The tenant can participate in apartment or site management and attend meetings. - On the Deposit: If the owner received the house as he gave it, he is obliged to return the deposit.
Making Renovations: If the tenant cannot benefit from the house sufficiently due to subsequent defects, he can request the landlord to correct these defects. If renovation and building defects occur later and cannot be eliminated, the tenant may request a reduction in the rental fee.
Can the Landlord Evict the Tenant for His Own Needs?
The landlord can evict the tenant in certain cases. For example, if the rented property is necessary for himself, his spouse, descendants, descendants or other dependents by law, the landlord can notify the tenant and ask him to leave the house.
Landlord’s Rights
- Rent Increase: The landlord can increase the rent at the limit determined by law in each new lease agreement. If the tenant does not accept this increase, he has the right to evict from the house at the end of the contract. If the tenant wants to stay in the house, he has to accept the rent increase in line with the legal frameworks.
- Landlord’s Right to Evict: The landlord may evict the tenant in certain circumstances. For example, if the rented property is necessary for himself, his spouse, descendants, descendants or other dependents by law, the landlord can notify the tenant and ask him to leave the house.
- Landlord’s Right to Sell the House: The landlord can sell the house he rents. However, the landlord may show the house to third parties, provided that he informs the tenant in advance. After the sale of the house, the landlord can send a warning to the tenant and ask him to leave the house within 6 months.
- Defective Delivery of the House: If the tenant delivers the house defectively, the landlord may request that this situation be corrected.
- Deposit Right: The landlord has the right to request a deposit from the tenant not to exceed 3 rents. This deposit can be used to cover damages.
- Eviction Notice in Case of Dispute: It is among the rights of the landlord to give an eviction notice to the tenant as a result of a mutual dispute.
