Legal Nature of the Lease Agreement

Real estate lease agreements are important legal documents that are regulated under the Turkish Code of Obligations and determine the mutual rights and obligations of the parties. With this agreement, the lessor undertakes to deliver the real estate to the tenant for a certain period of time and under specified conditions; and the tenant undertakes to pay the rent regularly. It is of great importance that the agreement is prepared clearly, in detail and in accordance with the legislation in order to prevent disputes that may arise between the parties.

The Importance of a Written Contract

A written lease agreement protects the rights of both parties and provides ease of proof in cases of dispute. Especially in long-term leases, it is recommended that the agreement be notarized, but it is not mandatory. However, notarization formalizes the agreement and increases its evidentiary power in court.

Identity and Authorization Information of the Lessor and the Tenant

The identity information of the persons to be included in the contract and their authority over the real estate must be clearly stated. If the lease is to be made on behalf of legal entities, documents such as signature circulars and power of attorney showing the authority to represent must be complete. Leasing from an unauthorized person may lead to invalid results.

Rental Fee and Payment Conditions

The amount of the rent, the currency in which it will be paid and the dates on which it will be paid must be clearly stated. Rent increases in Türkiye are limited to the CPI rate as of 2024. The parties cannot exceed this limit, otherwise the increase may be considered invalid.

Deposit Collection and Conditions

The landlord may request a deposit to prevent damage to the property or to ensure payment security. According to the Turkish Code of Obligations, the deposit amount can be up to three months' rent. This amount must be blocked and stored in a bank account and returned in accordance with the conditions when the contract ends.

Purpose of Use of Real Estate and Its Effect on the Contract

The purpose of use of the rented property must be clearly stated in the contract. An apartment rented for residential purposes cannot be used as a workplace. Any other use may result in termination of the contract and liability for compensation.

Asset and Due Diligence Protocol

The condition of the furniture and fixtures in the property should be recorded with a protocol to be prepared at the entrance. This document serves as evidence in any damage or loss disputes that may arise during the evacuation. In this context, it is recommended that all furniture, equipment and structural elements be documented with photographs and descriptions.

Lease Term and Automatic Extension Status

Lease agreements are usually made for a fixed term. Unless the tenant is evicted at the end of the term, the agreement is considered to be extended for one year with the same conditions. However, this situation allows the landlord to request eviction with written notice at the end of each year in fixed term lease agreements.

Early Release and Termination of Contract

The tenant may vacate the property before the lease expires under certain conditions. However, in this case, the landlord must be compensated for any damages that may be incurred. The landlord must also rely on legitimate reasons specified in the law to request an eviction. Therefore, it is important that the early eviction provisions are clearly written in the contract.

Application of Evacuation Undertaking

The eviction undertaking signed by the landlord from the tenant may be deemed invalid unless certain conditions are met. The undertaking must be signed after the lease agreement and with free will. Otherwise, eviction requests may be rejected.

Sharing of Membership Fees, Taxes and Expenses

The contract should clearly state which party will be responsible for items such as apartment fees, property taxes, maintenance and repair expenses. As a general rule, the tenant is responsible for the expenses based on usage, while the lessor is responsible for the liabilities related to the real estate.

Subleasing or Transfer of Leased Property

The tenant may rent the rented property to someone else or transfer the right of use only with the written approval of the lessor. Any contrary practice constitutes a valid reason for termination of the contract.

Remedies and Mediation in Case of Dispute

As of 2023, mandatory mediation will be implemented before filing a lawsuit in disputes arising from the lease agreement. If mediation does not yield results, the Civil Court of Peace where the real estate is located has jurisdiction. In this process, lawyer support prevents both time and loss of rights.

Applications Specific to Rental Agreements in Antalya

Seasonal rentals are common in tourist areas such as Antalya. In such rentals, elements such as duration, rental fee, and deposit are shaped according to short-term needs. In addition, additional documents such as notarized translation and residence control may be requested from foreign tenants.

Legal Assurance in Contract Preparation with Billur Güler Aslım

Lawyer Mediator Billur Güler Aslım, operating in Antalya, provides legal consultancy in the preparation, review and dispute resolution of real estate rental contracts. The entire process is carried out with expertise to ensure that the contract is fair, balanced and legal between the parties. Possible losses of rights are prevented in advance and the client's safety is ensured.

Frequently Asked Questions

Is mediation mandatory?
→ Yes. Pre-litigation mediation is required for all rental disputes after 2023.

Does the lease agreement need to be notarized?
→ Not mandatory, but notarization increases the evidentiary power.

How to secure a deposit?
→ It can be up to 3 months' rent and must be kept in a blocked account at the bank.

How should the rent increase be written in the contract?
→ The annual CPI rate must not be exceeded; otherwise it is considered invalid.

What happens if the tenant moves out early?
→ Compensation may be claimed for damages suffered by the lessor.

Is the eviction commitment valid?
→ Valid if given after the lease agreement and with free will.