Paylaş: Real Estate Law in Turkey: Sales and Rental Processes
Renting Property in Turkey: Legal Guidelines
Renting property in Turkey is regulated by the Turkish Obligations Code and other related laws. Both the landlord and tenant have certain rights and obligations that must be adhered to during the tenancy period.
Key Steps in Renting Property:
Lease Agreement (Kira Sözleşmesi): A written lease agreement is crucial and must detail the rental amount, duration of the lease, and terms for renewal or termination. According to Turkish law, rental payments must be made in Turkish Lira (TRY), and contracts in foreign currencies are prohibited. For foreigners involved in rental agreements, the contract must be executed at a notary (Noter Onaylı Kira Sözleşmesi) to ensure legal compliance.
Rental Payments: Rents are typically paid monthly in Turkish Lira. Both parties must agree on any future rent increases, which are regulated by law and cannot exceed certain limits.
Deposit (Depozito): Landlords usually require a deposit, which is returned at the end of the tenancy period if there are no damages.
Tenant Rights:
Rent Increase Limits: According to Turkish law, rent increases during a tenancy cannot exceed the Consumer Price Index (CPI) rate determined by the government.
Protection from Eviction: Tenants are protected from arbitrary eviction. The landlord must provide legal justification for eviction, such as the tenant’s failure to pay rent or the landlord’s intention to sell the property.
Landlord Obligations:
Maintenance: The landlord is responsible for ensuring that the property is in good condition and must carry out necessary repairs during the tenancy.
Returning the Deposit: At the end of the lease, the landlord must return the deposit unless there are damages that require deductions.
Legal Considerations for Foreigners
Foreign nationals can purchase property in Turkey, but there are some restrictions on land and property purchases in certain military or strategically important zones. The process for foreigners largely mirrors that of Turkish citizens, but foreign buyers are advised to seek legal assistance to navigate the regulatory environment effectively.
Required Documents:
Passport and Tax Number: Foreign buyers need a valid passport and a Turkish tax number.
Property Valuation Report: A mandatory property valuation report is required to assess the fair market value of the property.
Conclusion
Whether buying or renting property in Turkey, it is essential to follow the legal steps closely to ensure a smooth transaction. For foreigners, understanding the legal framework and working with legal professionals can prevent complications. The Turkish real estate market continues to offer attractive opportunities, and adhering to the legal process ensures both buyer and tenant rights are protected.
