Consultixa Law Firm provides advocacy, mediation, and consultancy services at all stages of its clients’ Turkish real estate law transactions including leasing law in Turkey.
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Our lawyers represent clients in leasing law especially eviction lawsuits due to non-payment of rent, eviction lawsuits due to necessity or rental law lawsuits and eviction lawsuits to be filed due to the reconstruction of the residential or commercial properties.
Regulations & Leasing Law in Turkey
The Turkish Code of Obligations 6098, which entered into force on 1 July 2012 in our country, abolished Law No. 6570 on Real Estate Rents.
As a result, the old law is applied to the acts and transactions of the lease agreements before 1 July 2012, and law no. 6098 is applied to the acts and transactions after this date.
However, the new Code of Obligations will find application in matters of default, termination of the contract, and eviction. For this reason, the issue of whether the lease contracts are prepared before or after 1 July 2012 has gained importance.
Differences Between Residential and Commercial Property Leasing
Our real estate lawyers serve as the attorney of both the tenant and the lessor in the preparation and revision of rental agreements.
The lease agreement can be made verbally or in writing, regardless of any form condition, but in case of legal disputes that may arise, it is beneficial to make it in writing in order to prove the existence and conditions of the lease agreement.
However, signing the lease agreements in the presence of a notary public and confirming these signatures by the notary public will prevent the parties from denying their signatures later.
Annotation of the lease agreement to the title deed would be very beneficial for the tenant in order to guarantee their tenancy rights against third parties.
The current status of the house, the list of fixtures and their condition must be specified in the rental agreement. It must be stated who will bear the dues, invoices (electricity, water, natural gas, etc.), and the expenses (stamp tax, etc.) that will arise in relation to the rental agreement.
The cost of the deposit and all other expenses must be written in the rental agreement. In the lease agreement, the rent increase to be applied to the following periods should be determined and recorded.
Information on when and how payments will be made and the rental price must be clearly stated in the contract.
Lease Appraisal Lawsuits
The most important problem encountered in every period when the lease agreement is terminated is how much the rental fee will be applied to this new period.
A rent appraisal lawsuit is a type of lawsuit filed in cases where the current paid rental price does not reflect the current market value. The purpose of the rent determination lawsuit is to update the low rental price.
When the parties cannot agree on the rental price, the legal solution to be applied is to file a rent determination lawsuit by applying to the court.
As a result of filing a rent determination lawsuit; the judge, in accordance with the conditions specified in the Code of Obligations, will examine the type of property rented and the comparable rental prices in that region and will make a fair decision such as increasing the rent if the rent is low and reducing it if the rent is high.
Due to the nature of the Turkish Code of Obligations No. 6098, which protects the tenant, the tenant’s eviction is a process that must be worked with a lawyer, since it is subject to the existence of certain conditions and includes filing a lawsuit and many other procedural issues. Otherwise, your case may be rejected on procedural merits.
This situation may cause the tenant who is sitting in your home or workplace without the right to extra time to stay for the duration of the lawsuit, which is also a refusal, and may continue to sit for the duration of the lawsuit you will file.
Reasons for Tenant’s Eviction
The provisions of the Turkish Code of Obligations are generally intended to protect the tenant. For this reason, if one of the reasons for eviction has not arisen to remove the tenant from the house, it will not be possible to remove the tenant from the house or workplace unless the tenant notifies that he will evacuate 15 days in advance. According to leasing law in Turkey, one of the following reasons must be present to file an eviction lawsuit.
- Unpaid rent
- Obtaining a written release commitment
- Housing and workplace needs of the lessor
- Reconstruction of the real estate
- 10 Years of the lease contract
- 2 Warnings for reasonable reason
Turkish Leasing Law Services
- Filing and follow-up of eviction proceedings
- Eviction of the new owner
- Eviction due to need in Turkey
- To file and follow up on a rent determination lawsuit
- To file and follow up on an eviction lawsuit due to the need
- Filing and follow-up of eviction lawsuit due to reconstruction
- Preparation of rental agreement
- Preparation of release commitment
- Opening and follow-up of enforcement proceedings for the collection of rent receivables
- Evacuation due to non-payment of rent
Within the scope of Law No. 6306 on Transformation of Areas Under Disaster Risk, our office provides all kinds of legal services related to urban transformation law.
Reach us for All Details of Leasing Law in Turkey
Consultixa Law Firm’s real estate law services cover all related to the development of real estate, including compliance with zoning legislation, obtaining necessary permits and licenses, development of management plans, and arrangement of lease agreements.
Our law firm is now one of the leading Turkish real estate law firms in Istanbul, Turkey. You may reach us for all details of leasing law in Turkey through our Contact page.