Turkish Real Estate Rental Law 2024

A new law regarding real estate rental in Türkiye

The first day of last September witnessed the implementation of a new law imposing financial fines on real estate owners who impose exorbitant rents on tenants in Turkey, as disputes in recent years between landlords and tenants of real estate in Turkey have led to the filing of nearly 100,000 cases related to rent determination and more than 50 A thousand eviction cases.

With the entry into force of the “unfair gain” penalty for high rent in the new law, both the tenant and the landlord will be able to mediate in order to resolve disputes between them.

Tenant rights in the new law:

According to the obligations paragraph in the new Turkish real estate rental law, the landlord does not have the right to evict the tenant for arbitrary reasons before 10 years have passed from the date of the first contract, except for the needs of the landlord or his family, as the judge in rent determination cases reduces the capital while protecting the rights of the former tenant.

Example to illustrate: “If the tenant pays a rent of 6,000 Turkish liras and the average rent is 14,000 liras, then the rent is set at 10,000 Turkish liras.

The tenant can go to a legal mediator or file a lawsuit when he is exposed to pressure, threats, and harassment from the landlord. The expiration of the lease does not allow the landlord to evict the tenant, as the contract whose term expires is automatically renewed following the new law.

Owner rights in the new law:

The landlord's rights are to evict the property from the tenant if he fails to pay the rent for three months despite his claim. He can also evict the tenant if the property owner wants to renovate or demolish it, on the condition that the property is not re-rented to a new tenant immediately after the old one is removed.

Is it possible to evict the tenant before the end of the contract?

If there is no justification, the tenant cannot be evicted. In the event of non-payment of the property rent, a notice is sent from the notary public for a period of 30 days, after which the landlord files an eviction lawsuit against the tenant. It is also possible to go to the mediation office to evict the tenant who is in default without resorting to a lawsuit. .

Can the landlord request compensation from the tenant when vacating before the end of the contract?

If the tenant vacates the property before the end of the contract, the landlord has the right to demand three months’ rent in advance. The landlord must not have rented his property immediately to another tenant after the old tenant left, otherwise he will lose his right to demand that the old tenant pay three months as compensation for his sudden departure.

How can a property that has been sold be vacated if there is a tenant in it?

If the house is sold to a new owner, the tenant is given, according to the new law, a period of six months to vacate. The new owner can request eviction by providing notice to the tenant within one month from the date of purchase until the end of the sixth month. The tenant can continue to live in the house throughout this period, and if he does not move out Then the new owner can go to the mediation office.

Does the landlord have the right to evict a tenant who harasses the residents of the building?

It is the tenant's duty to show respect to the residents of the building and to send a written warning to prevent disturbance to the neighbors stating that the lease contract will terminate in the event of continued harassment and inconvenience to his neighbors. He is given a period of 30 days to comply or vacate. If the tenant's behavior is intolerable to the landlord and neighbors, a written notice is sent to him of the expiration of the exit contract and that he must Exit.

What is the new mediation law for real estate rental in Türkiye?

Issues related to rent determination, eviction, adjustment, problems related to the contract, immovable participation, and disputes arising from building ownership and dues have already begun to be submitted to the mediation office at the beginning of this September.

The mediation office is concerned with resolving all disputes similar to those mentioned above before resorting to filing a lawsuit as a last resort when the mediation office is unable to resolve disputes by mutual understanding and consent.
 

Are there fees for brokerage work in Türkiye?

There are no fees for applications and interviews up to two hours of negotiations. After that period, an amount calculated according to the minimum wage tariff will be charged equally between the parties. Applications must be submitted to the mediation office in the courtroom in which the competent court is located and to the authorized magistrate courts.

The issuance of the new Turkish real estate rental law aims to protect landlords and tenants in Turkey from running into legal problems with each other, as the Turkish government seeks, through laws and regulations, to control the country’s affairs, especially with regard to investment in rental or in other matters related to the Turkish real estate market.