Lease Agreement and Eviction Procedures: What Are the Rights of Tenants and Landlords?

Rental law is an important legal field that begins with the lease agreement between the tenant and the landlord and regulates the rights and obligations of both parties. Rental relationships, governed under the Turkish Code of Obligations, encompass various rights and responsibilities for both tenants and landlords. In this article, we will discuss the lease agreement, eviction procedures, tenant rights, and landlord rights.

What is a Lease Agreement?

A lease agreement is a contract in which the landlord grants the tenant the right to use and benefit from an immovable property, while the tenant agrees to pay the agreed rent in return. The agreement can be made verbally or in writing, but a written format is recommended for ease of proof.

Key Elements of a Lease Agreement

• Identification of Parties: Full names and contact details of the tenant and landlord.

• Rent Amount and Payment Terms: The rent amount, payment method, and frequency.

• Lease Term: Start and end dates of the agreement.

• Description of Property: Address and characteristics of the leased property.

• Special Conditions: Deposit, maintenance fees, fixtures, and other specific terms.

What Are the Rights of Tenants?

1. Right of Use

The tenant has the right to use the property as specified in the lease agreement during the lease term. The landlord cannot interfere with this right of use.

2. Extension of the Lease Term

In residential and commercial leases, if the tenant requests at the end of the lease term, the agreement renews under the same conditions. The landlord can only terminate the agreement for reasons specified in the law.

3. Increase in Rent

Tenants are protected within legal limits regarding rent increases. Rent increases should be determined in a way that does not exceed the Producer Price Index (PPI) rate.

4. Requests for Repairs and Maintenance

The tenant may request necessary repairs to be carried out by the landlord. In urgent cases, the tenant can undertake the repairs themselves and request reimbursement from the landlord.

What Are the Rights of Landlords?

1. Collection of Rent

The landlord has the right to demand that rent be paid on time and in full. If payments are not made, they may pursue legal action.

2. Protection of the Property

The landlord can prevent the property from being used in a manner that is harmful or contrary to the agreement.

3. Termination of Lease and Eviction

Under certain conditions, the landlord may terminate the lease and request eviction. These conditions include:

• Non-Payment of Rent: If the tenant fails to pay rent, a notice can be issued allowing time for payment. If payment is not made by the deadline, an eviction lawsuit can be filed.

• Eviction Commitment: If the tenant has committed in writing to vacate the property by a certain date but fails to do so, an eviction case can be initiated.

• Eviction Due to Need: If the landlord or their spouse, descendants, or ancestors need the property as a residence or workplace, they can request eviction at the end of the lease term.

• Reconstruction or Zoning: If the property requires reconstruction or substantial repairs, eviction can be requested.

How Are Eviction Procedures Carried Out?

Eviction procedures are typically executed by court order. Based on the reason for eviction, the landlord applies to the enforcement office or the court to request eviction. The eviction process includes the following steps:

• Sending a Warning or Notice: If rent is not paid, a notice is sent to the tenant.

• Filing a Lawsuit: If the notice period is not respected, an eviction lawsuit is filed.

• Court Decision: The court evaluates the evidence and issues an eviction order.

• Eviction via Enforcement: Once the decision is final, eviction is carried out through the enforcement office.

Key Points

• Return of Deposit: The tenant may request the return of the deposit when returning the property. If there is no justified claim, the landlord is obligated to return the deposit.

• Assignment of Lease Agreement: The tenant cannot assign the lease agreement to another party without the landlord's written consent.

• Rules of Coexistence: The tenant must respect neighbors and adhere to building rules.

Conclusion

It is important for both tenants and landlords to understand their rights and obligations in rental relationships to prevent potential disputes. The lease agreement should be carefully drafted, and open communication between parties should be ensured. When legal issues arise, consulting with an expert in rental law is advisable.

Note: This article is for informational purposes only and does not constitute legal advice. It is recommended to seek professional legal assistance for specific situations.