Legal Rights of Tenants in Lease Agreements in Turkey

Legal Rights of Tenants in Lease Agreements in Turkey

In Turkey, tenants are granted a set of legal tenant rights under lease agreements, which form an essential part of rental law. These rights, which vary based on the type of property, arise from obligations defined in rental law. Tenants have the right to assert a range of claims in accordance with their legal entitlements.

Both landlords and tenants must fully understand their respective rights and responsibilities during the tenancy to prevent conflicts. Awareness of the conditions under which eviction may occur is crucial for both parties. A lack of knowledge in this area can lead to unfavorable situations.

Turkish rental law is extensive, requiring a clear understanding, particularly when it comes to issues such as rent increases and eviction processes. For tenants, consulting a "Rental Law Attorney" can be highly beneficial in resolving disputes and ensuring the protection of their rights.

Legal Nature of Lease Agreements in Turkey

Lease agreements in Turkey involve two key parties: the lessor (landlord) and the lessee (tenant), who define their legal relationship. According to Article 299 of the Turkish Code of Obligations, the lessor grants the lessee the right to use the property for a fee, and the lessee, in turn, pays rent for this privilege. These agreements are detailed legal contracts that outline the mutual rights and obligations of both parties.

Under the Law of Obligations, lease agreements govern the landlord-tenant relationship and serve as crucial evidence in case of disputes. The mutual obligations of both parties are shaped by factors such as property type, use, and lease duration, clarifying their rights and responsibilities. While legal regulations determine the general rights of landlords and tenants, the lease agreement itself specifies the practical execution of these rights.

The legal framework established by lease agreements ensures that the interests of both parties are protected. Therefore, tenants and landlords must carefully review and understand the terms of the lease before signing to avoid misunderstandings and disputes.

Tenants' Rights in Turkey Regarding Rent Increase and Adjustment

In Turkey, rent amounts agreed upon in lease contracts typically increase annually by a specified rate. However, this increase is subject to a crucial condition: it cannot exceed the twelve-month average change rate of the Consumer Price Index (CPI) from the previous year. This rule applies to lease agreements that exceed one year. In cases where the parties have not predetermined the rate for the upcoming rental period, a judge will determine the rent amount, ensuring fairness and compliance with the CPI rate, while also considering the property's condition.

In response to recent inflation, the Turkish Code of Obligations has temporarily capped rent increases at 25% to protect tenants from excessive financial burden. Temporary Article 1 of the Turkish Civil Code extends this limit until July 1, 2024. As a result, any rent increase exceeding 25% is considered legally invalid until the specified date.

However, an exception exists for lease agreements that last over five years. In such cases, landlords have the right to file rent determination lawsuits to adjust the rent according to the market rate.

In the event of a dispute over rent amounts, tenants can seek resolution through the court, which will impartially determine the appropriate rent for the new rental period. This court decision takes into account factors such as the property's condition and comparable rental rates and applies to leases lasting or renewed after five years and subsequently every five years.

Where to Appeal for Tenant Rights in Turkey

In Turkey, tenants who wish to assert their rights regarding leased properties can turn to specific legal channels. Disputes between tenants and property owners are typically addressed in the civil court located within the jurisdiction of the leased property. The court with jurisdiction is determined based on the property's location.

Although 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. For comprehensive information and guidance on legal matters, tenants are advised to consult with a Turkish Rental Lawyer.