In Turkish law, a rental law lawyer is a legal professional who regulates the legal relationship between the landlord and tenant, drafts rental contracts for their clients, and prepares agreements in compliance with rental law under the Turkish Code of Obligations. In addition to these tasks, lawyers specializing in rental law handle disputes arising from rental law, such as eviction cases and rent determination lawsuits.
One of the most common disputes in our country involves cases and procedures in the field of rental law. The rented item may be furniture, real estate, a vehicle, land, or a workplace. In other words, there are various types of cases and procedures in rental law. To ensure that the disputes and processes within the broad scope of rental law are conducted in compliance with the law and without any loss of rights, professional lawyers in this field provide services.
Rental law lawyers who specialize in this area offer legal consultancy to their clients on matters related to rental law and, when necessary, represent their clients in court to defend their rights.
WHAT ARE THE DUTIES OF A RENTAL LAWYER IN TURKISH LAW?
- Providing information and explaining the rights of landlords and tenants in the field of rental law,
- Regulating the legal relationship between the landlord and the tenant,
- Drafting and monitoring rental agreements in compliance with the law,
- Determining and adjusting the rent amount,
- Terminating the rental agreement,
- Filing lawsuits and initiating enforcement proceedings to collect unpaid rent,
- Filing compensation claims for the ordinary use of the rented property upon the termination of the rental agreement,
- Providing legal services related to rental law for shopping malls and workplaces,
- Filing and following up eviction lawsuits due to the termination of the rental agreement or misuse of the rented property,
- Filing and following up lawsuits for unjust occupation (ecri misil),
- Filing lawsuits for the identification of defects in the rented property and, if necessary, claiming compensation,
- Managing lawsuits for the return of security deposits,
- Conducting eviction proceedings based on written eviction undertakings.
WHAT IS RENTAL LAW IN TURKISH LAW?
Rental law can be defined as the legal responsibility arising from the agreement between the owner of a property and its tenant. In Turkey, rental law is regulated under the Turkish Code of Obligations No. 6098. Articles 299 to 378 of the Turkish Code of Obligations (TCO) address rental agreements and relevant provisions. According to Article 299 of the Code, rental law is defined as follows:
“A rental agreement is a contract in which the lessor undertakes to leave the use of an item, or its use along with benefiting from it, to the lessee, and the lessee undertakes to pay the agreed rent in return.”
The scope of rental law is quite broad and is closely related to several other branches of law. For example, it intersects with obligations law in cases involving compensation claims for damages arising from the misuse of the rented item or property. Similarly, it relates to enforcement law in rent collection lawsuits initiated due to the tenant’s failure to pay the rent.
As seen, disputes and procedures within the field of rental law are extensive and complex. Therefore, working with a lawyer specialized in this area, equipped with legal knowledge and experience, prevents potential loss of rights and ensures that transactions are conducted in compliance with the law.
WHAT IS A RENTAL AGREEMENT IN TURKISH LAW, AND HOW IS IT MADE?
A rental agreement is a contract that imposes obligations on both parties and is made between the landlord and the tenant for a property. Rental agreements transfer the right to use and benefit from the property from the landlord to the tenant for the duration of the agreement, while placing the responsibility on the tenant to use the property and pay the rent in full and on time during this period.
In disputes between the tenant and the landlord, it is the landlord’s responsibility to prove the existence of a rental relationship and the amount of the rent, whereas it is the tenant’s responsibility to prove that the rent payments have been made. Therefore, although rental agreements are not subject to any formal requirements as a rule, it is recommended that they be made in writing for ease of proof. This document, which protects the rights of both the landlord and the tenant, serves as a legal basis in case of any disputes that may arise in the future.
A rental agreement includes the general features of the rented property, the rental amount, the security deposit, the payment schedule, and the duration of the agreement, among other rights and obligations. As regulated under the Turkish Code of Obligations, rental agreements can be established for either a fixed term or an indefinite term. According to the relevant article of the law:
ARTICLE 300 – “A rental agreement may be made for a fixed term or an indefinite term. A rental agreement with a fixed term will terminate automatically at the end of the agreed period without requiring any notice, whereas other rental agreements are considered indefinite.”
A rental law lawyer can provide significant benefits in drafting or interpreting rental agreements. For landlords, the agreement will comply with legal requirements and anticipate potential issues, allowing them to act accordingly. For tenants, the lawyer helps them understand their rights and ensures that these rights are protected through legal means.
TERMINATION OF A RENTAL AGREEMENT IN TURKISH LAW
In the Turkish legal system, rental agreements impose obligations on both parties, and compliance with the agreement is essential. The termination or cancellation of rental agreements varies depending on whether the agreement is for a fixed term or an indefinite term. In Turkey, rental agreements are generally written and for a fixed term. Below, we explain the termination and cancellation methods based on the type of agreement.
Termination of Fixed-Term Rental Agreements
In fixed-term rental agreements, the contract is established for a specific period, and it is agreed that it will automatically terminate if it is not renewed at the end of the term. The parties have the right to terminate the rental agreement by providing written notice at least 15 days before the end of the annual rental period or the contract’s expiration date.
However, if the rental period ends and the landlord does not provide written notice for eviction, and the tenant continues to pay the rent, the parties are deemed to have implicitly agreed, and the rental agreement is automatically renewed for one year. With this one-year extension, the landlord’s right to request the tenant’s eviction due to the expiration of the rental period is extended for up to 10 years. The landlord may terminate the rental agreement by providing written notice at least three months before the end of the 10th year.
Article 367 of the Turkish Code of Obligations:
“A fixed-term rental agreement automatically terminates at the end of the period. However, if the parties implicitly continue the agreement, unless otherwise agreed, the rental agreement is deemed to be renewed annually. A renewed rental agreement may be terminated at the end of each rental year by complying with the statutory notice period.”
Termination of Indefinite-Term Rental Agreements
In indefinite-term rental agreements, the law does not grant landlords the right to terminate the agreement. In such agreements, if the tenant provides written notice to the landlord at least 15 days before the end of the annual term stating that they will not renew the agreement, the contract will terminate. Otherwise, if the tenant does not provide such notice, the agreement is automatically renewed for another year.
The landlord may terminate the agreement only after 10 years from the start date of the rental agreement. The landlord can terminate the agreement by providing the tenant with written notice at least three months before the end of the 10th year.
Article 328 of the Turkish Code of Obligations:
“In indefinite-term rental agreements, either party may terminate the agreement in compliance with the statutory termination periods and notice periods, unless a longer termination notice period or another termination term has been agreed upon. The calculation of termination periods is based on the start date of the rental agreement. If the termination period or notice period specified in the agreement or the law is not followed, the notice will be valid for the next termination period.”
EVICTION LAWSUITS IN RENTAL LAW ACCORDING TO TURKISH LAW
In rental law, eviction lawsuits are typically filed when the tenant fails to pay rent on time and in full, or acts in violation of the terms of the rental agreement. The tenant is obligated to comply with the terms of the rental agreement and pay the rent. Otherwise, the landlord can file an enforcement lawsuit or request eviction. For this, there must be a written and legally compliant rental agreement between the parties, and the landlord must specify the amount owed.
If the tenant fails to fulfill their obligations under the agreement, the landlord can file an enforcement lawsuit to collect the owed amount. The tenant may object to the enforcement within 7 days and must pay the property’s value within 30 days. If the necessary payment is not made within the specified time, the landlord can apply to the enforcement court and file an eviction lawsuit. After the lawsuit, enforcement officers will begin the eviction process.
COMPETENT AND AUTHORISED COURTS IN RENTAL LAW ACCORDING TO TURKISH LAW
In the field of rental law and in lawsuits arising from the termination, compensation, or eviction based on a rental agreement, the competent court is generally the Civil Court of First Instance. Even if a lawsuit arising from a rental relationship is filed by the landlord or the tenant, the Civil Court of First Instance is still the competent court for any counterclaims related to the issue.
However, if specific legal provisions apply, the general rule is not followed. For instance, if the eviction of a rented property is requested, the court that handles the removal of objections and eviction cases is the Enforcement Court. The competent court, according to Article 6100 of the Civil Procedure Code, is the court located where the contract is to be executed, i.e., the court of the place where the rented property is located. The parties may agree on a competent court through a contract if they wish.
ANTALYA TENANT ATTORNEY – ANTALYA RENTAL LAW ATTORNEY
Lawsuits and proceedings in rental law are processes that concern almost everyone, and legal support should always be sought in these matters. To prevent the financial and emotional damage caused by improperly prepared rental agreements or failure to fulfill obligations arising from the contract, it is essential to seek help from a lawyer with extensive knowledge and expertise in rental law.
At our law office in Antalya, we continue to provide legal services in rental law, an area we have long experience in and continue to resolve. With our team of specialized, professional lawyers, you can contact us for legal consulting and representation in any disputes and proceedings. You can schedule an appointment with us or reach out through the contact section.
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