Signing the lease contract in Turkey

Every thing you need to know before signing the lease contract in Turkey

Signing the lease contract in Turkey
22-12-2020
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Last update 24-12-2022
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There are necessary matters that should be paid attention to when signing the lease contract in Turkey, when signing the lease contract requires each of the parties many legal responsibilities, which must be fulfilled so that each of the parties knows what entails before the contract takes effect.
 

Among the most important of these matters:


The title deed information and properties of the property must be mentioned in the contract


The area of the property must be clearly mentioned in the lease contract, and it should be compared with the information registered in the tapu, and it is also necessary for the tenant to make sure that the signer on the lease agreement is the owner of the property himself (mentioned in the tabu), or a legal agent for him. (He holds a legal agency in his name).


Accurate determination of the rent and its performance time


One of the things that should be paid attention to when signing the lease contract is specifying the amount that the tenant will pay, such as rent for the property, and it is important to determine this amount including value-added tax KDV and to record this in the lease contract, so that this is not a subject of dispute, between the tenant and the owner of the property.
It is also necessary to determine the due date of the property's lease, and add the bank account information to the lease contract, and it is known that there is a legal obligation to pay the rent in Turkey through the bank or via the post office Ptt, in case its value exceeds 500 Turkish liras.


Determine the security deposit and keep it in a special deposit account


The rent security amount, which is required according to Article 342 of the Turkish Debt Law TBK, should not exceed three months' rent, and it should be deposited following legal principles, in its deposit account, and add information about the amount and the account to the lease contract.


Check home fixtures and extensions


Before concluding the lease contract, it is imperative to take an external look at the structure of the property from the outside and the inside, to ensure the safety of the extensions and basic equipment inside the property, and to take all notes in the box dedicated to the condition of the property and its defects, which are in the lease agreement.
This is so that this matter is not a cause for disputes when handing over the house after the end of the contract, so the tenant is legally obligated to hand over the property in the case he received it from its owner, and in this case, it is preferable to take pictures and keep them in an agreement between the two parties.


The proceeds and other expenses should be agreed upon


The expenses related to the property must be agreed upon, and each of the parties is obligated to pay the consequences of these expenses, it is known that the tenant is responsible for these expenses, and the returns related to the use of the property and that the owner of the property is responsible for the expenses related to the property's asset.
The contract extends on its own if the tenant does not stop the payment
If this matter is approved, the property owner will be in a critical situation, so the tenant can extend his stay for long periods, extending for years legally, so real estate owners must pay attention to these conditions in the contract articles.


Determine which adjustments can be made


It must be agreed on whether or not the lessee can make amendments to the property, determine the scope of these modifications, determine their costs, and the party who has the right to them, in the event of early termination of the contract (by agreement or disagreement), and this is mentioned in the lease contract.


Attesting the lease contract with a notary.


It is better to attest the rental contract of homes in Turkey with a notary because this strengthens the legal character of the contract, and it pays the suspicion of forgery, which is something that the tenant gains guarantee of his legal rights and the homeowner gains time when the property must be evacuated.

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