Key Points on Tenant Rights in Turkey

Tenant Rights in Lease Agreements

Tenant rights are rights that arise from the lease agreement and are secured by law. These rights correspond to the landlord’s obligations and may vary depending on the type of property. It is crucial for both tenants and landlords to understand their rights and responsibilities throughout the lease relationship to prevent potential disputes. In particular, knowing tenant rights on issues such as rent increases and tenant eviction in Turkey can prevent grievances. In cases of such issues, working with a Rental Law Attorney can help protect tenant rights.

Can the Landlord Evict the Tenant When a 1-Year Lease Expires?

One of the most commonly misunderstood issues is the question, “Can the landlord evict the tenant when a 1-year lease expires?” Lease agreements are usually made for 1 year, and at the end of this period, the agreement automatically renews for another year under the same terms. The landlord cannot evict the tenant just because the lease period has expired.

In fixed-term lease agreements, only the tenant has the right to terminate the agreement. The tenant may choose not to renew the agreement by providing written notice 15 days before the end of the 1-year period. The landlord does not have this right.

These regulations aim to protect tenant rights and prevent potential disputes. Both parties should be aware of these rules and act accordingly.

Tenant Rights Regarding Rent Increases and Rent Adjustments

The rent amount is increased annually based on the rate agreed upon by the parties. However, this increase cannot exceed the rate of change in the 12-month average of the Consumer Price Index (CPI) of the previous rental year. This rule applies to both short-term and long-term lease agreements. If the parties cannot agree on the rent increase rate for the following year, the rent amount will be determined by the court in a fair manner, considering the CPI rate and the condition of the rented property.

In recent years, to protect tenants from inflation, rent increases have been capped at 25% by Article 1 of the Turkish Code of Obligations. This limit has been extended for residential lease agreements until July 1, 2024. Therefore, tenants are not obligated to accept a rent increase of more than 25% until this date.

The only exception to this legal limit is when the lease agreement exceeds five years. In such cases, the landlord has the right to file a rent determination lawsuit. For lease agreements exceeding five years, the rent amount may be determined by the court, considering the condition of the property and comparable rental prices.

Can a Landlord Enter a Leased Property Without the Tenant’s Permission?

Landlords are prohibited from entering a leased property without the tenant’s permission. With the lease agreement, the right to use the leased property fully passes to the tenant, and the property is considered the tenant’s private residence. Entering the property without the tenant’s consent constitutes a violation of privacy and is considered “Violation of the Inviolability of Domicile” under the Turkish Penal Code.

A tenant who encounters such a situation may file a criminal complaint with the prosecutor by submitting a petition. When the lease agreement ends, the tenant can end the rental relationship by returning the key to the landlord with a delivery report.

Where to Apply for Tenant Rights in Turkey?

In Turkey, tenants have specific avenues to resolve disputes related to the rented property. Generally, the court of peace is responsible for disputes between the tenant and the landlord. The competent court is the court of peace in the location where the leased property is situated.

Since there are no local rent commissions, tenants cannot apply to consumer arbitration committees. However, in cases of claims for material and moral damages, the civil court of first instance may also be competent, depending on the content of the claim. Tenants can seek legal support by consulting an attorney to defend their rights or obtain further information.

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