Tenancy law defines the legal framework governing relationships between tenants and landlords. If you are involved in a real estate renting process, receiving expert legal consultancy services regarding tenancy law and lease agreements is critically important in order to prevent potential legal issues that may arise in the future.
Our Tenancy Law and Tenancy Agreement Services
What is Lease Law?
Tenancy law is regulated under the Turkish Code of Obligations (TCO) and establishes a legal basis for the relationship between the tenant and the landlord. It fundamentally covers the following issues:
- The determination of the rental fee and increase rates,
- The rights and responsibilities of the tenant and the landlord,
- Eviction processes and justifications,
- Provisions regarding the use of the rented property.
In particular, rent increase rates are regulated by legal limits in accordance with the Turkish Code of Obligations. These limits aim to protect the rights of both tenants and landlords.
What Are Tenancy Agreements and Why Are They Important?
A tenancy agreement is an agreement involving the transfer of the right to use a property to another person for a specified period and in exchange for a specified rent. This agreement provides legal binding by setting out the rights and obligations of the parties in writing.
With our Code of Obligations numbered 6098 Rental law, which has recently received new regulations together, is an area that requires attention so that neither the tenant nor the landlord suffers a loss of rights.
Essential Elements That Must Be Included in a Tenancy Agreement
- Details of the parties: The tenant’s and landlord’s personal details and contact information.
- Definition of a let property: Address, features and condition.
- Rent: Payment amount, date and method.
- Contract term: Start and end dates.
- Deposit details: The amount, refund and terms of the deposit.
- Intended use of the let propertysuch as residential or commercial use.
Types of Tenancy Agreements
Types of tenancy agreements vary depending on the intended use of the property. Here are the most common types:
Residential Tenancy Agreement
It is issued for residential properties such as houses or flats.
Commercial Lease Agreement
These are contracts drawn up for business premises, offices and commercial enterprises. This type of tenancy agreement is generally long-term and contains provisions specific to commercial activities.
Short-Term Tenancy Agreement
These are contracts drawn up for holidays or temporary use.
Tenancy Termination Agreement
It is a document prepared to terminate the tenancy relationship and agreed upon by both parties. This document helps prevent legal issues during the eviction process.
Tenancy Law and Rights and Responsibilities under Tenancy Agreements
Tenants’ Rights:
- The right to use the let property in the manner specified in the tenancy agreement.
- Legal protection against unfair eviction.
- Increasing the rent within the legal limits.
Landlord’s Rights:
- Requiring the tenant to use the property in accordance with the tenancy agreement.
- Request that the rent be paid on time.
- Submitting a request for eviction on valid grounds.
Our Services in the Field of Tenancy Law and Tenancy Agreements in Ankara
Disputes arising under tenancy agreements generally relate to tenants’ failure to pay rent, a tenant’s refusal to vacate the premises, or disputes concerning a commitment to vacate; however, in cases where the landlord requires the use of the premises as a residential or commercial property, or where the landlord needs to rebuild or redevelop the property, termination of the tenancy agreement These can be cited as examples of disputes relating to...
Our firm provides legal services in relation to all types of disputes arising from property tenancy agreements. Azel Law and Consultancy, which provides legal services in Ankara, offers its clients legal assistance primarily in the following areas.
Rent Determination Lawsuit
rent determination lawsuit, upon the request of the lessor or the lessee, is a lawsuit filed to determine the rental fee in accordance with equity and market conditions. This lawsuit generally arises when the fee in the rental agreement needs to be readjusted according to current economic conditions. When an agreement cannot be reached between the parties, the court determines the current rental fee within the framework of comparable rental values and legal regulations.
Eviction of a tenant proceedings
The eviction of the tenant, in the event of the termination of the lease agreement or the failure of the tenant to fulfil their obligations (For example;
subletting despite the subletting ban), refers to the process of the landlord evicting the tenant from the property. Eviction procedures are carried out through the following legal channels:
Notice of Eviction Request: A formal notice is sent to the tenant via a notary public or through enforcement proceedings, requesting the settlement of the debt or the rectification of the violation.
Eviction Lawsuit: If the tenant fails to fulfil their obligations despite the warning notice, a lawsuit is filed in the magistrates' courts.
Eviction via Enforcement: Especially in cases of unpaid rent arrears, enforcement proceedings can be initiated and eviction requested.
Debt Collection in the Event of the Tenant Failing to Pay Rent
If the tenant fails to pay their rent arrears, the following procedures are carried out to collect the receivables through legal channels:
Initiation of Enforcement Proceedings:
The landlord can apply directly to the enforcement office to carry out an eviction without a court judgment and a debt collection procedure in order to collect the tenant's debts. In this process, a payment order is sent to the tenant, and they are required to pay the debt within a specified period.
Eviction and Litigation Process:
If the tenant fails to pay the debt despite the payment order or raises an objection, an eviction lawsuit can be filed to ensure both the collection of receivables and the eviction of the tenant from the property.
Collection via Court Order:
In the event of an objection, the lessor may apply to the court for the collection of receivables and carry out collection and eviction procedures upon the completion of the litigation process.
Resolution of Disputes Relating to Eviction Undertakings
A vacation undertaking is a document in which the tenant undertakes in writing to vacate the property on a specific date. However, disputes regarding this undertaking may arise in the event that the parties fail to reach an agreement or fulfil their obligations. The validity of the vacation undertaking is checked and its compliance with legal conditions is assessed. For valid undertakings, eviction through enforcement proceedings can be requested, and in the event of an objection, a lawsuit is filed to seek a resolution.
Disputes Arising from Tenancy Relations
Disputes arising from issues such as rental fees, breaches of contract, eviction and deposits can be resolved through lawsuits or enforcement proceedings if they cannot be settled amicably.
All Consultancy Services in the Field of Tenancy Law
With our dynamic team of expert lawyers at our Ankara office, we offer tailored solutions for all your individual and corporate needs in the field of tenancy law. You can contact us for more information and to manage the process effectively with expert support.
Expertise and Reliability
With our legal expertise and years of experience, we are by your side even in the most complex processes.
Customer-Centric Service
By offering transparent, fast and effective solutions, we aim for the best result for you at every step.
Comprehensive Strategic Partnerships
Thanks to our strong local and international connections, we provide cross-border legal solutions.
Frequently Asked Questions in Tenancy Law and Litigation
- Rent IncreaseAccording to the Turkish Code of Obligations, rent increase rates are determined according to the CPI (Consumer Price Index).
- Eviction IssuesFor the landlord to be able to request an eviction, they must provide a valid reason.
- Deposit RefundThe deposit must be refunded in accordance with the conditions specified in the contract.
- Drafting the contract in writing safeguards the rights of both parties.
- If you are not familiar with legal terminology, it may be helpful to seek support from an expert.
- Review the contract terms in detail and ensure that both parties are in agreement.
Unless otherwise stated in the agreement, rent increases are made within legal limits and calculated according to the CPI rate.
The landlord can collect the debt by initiating enforcement proceedings and, if necessary, request eviction.
If the tenant does not have a written undertaking to vacate, it may be necessary to file a lawsuit for eviction.
The deposit is refunded after the end of the tenancy agreement, provided there is no damage to the property.
If the commitment is not given in writing, signed, and of one's own free will, it shall be considered invalid.
In tenancy law cases, the solicitor's fee is influenced by many factors such as the type and scope of the case, and the lawyer's experience and area of expertise. You can contact us for our legal services tailored to your needs and detailed pricing information.
You can protect your rights and complete your legal processes smoothly by working with a tenancy law expert who specialises in details such as tenancy legislation, types of tenancy agreements and tenancy termination agreements. Our expert lawyers manage the process quickly and effectively to prevent you from losing your rights.
