In Turkey, people who are not citizens, are able to reside as tenants in case they meet certain conditions. At first, a rental contract must be signed. While most information in the contract is common to all tenants, there are some differences for foreigners.
Rental Contract
A rental contract is a legal contract that protects the rights of the property owner and tenant.
The rental contract determines the general conditions for the rented property as well as the terms between the owner and the tenant. The rental contract binds both parties and can only be terminated by mutual agreement. In case of disagreement, the courts should decide to terminate it.
The tenant, on the other hand, can sign someone else by the power of attorney if the owner agrees. However, those under the age of 18 and those who do not have the power to discriminate do not have the authority to sign in rental agreements.
Rental Contract Sections
The rental contract consists of 3 parts:
Rental Information
In this section of the rental contract, the type of property, address, and contact information of the property owner are written. In this section, information such as the start and end time of the contract and the rental price is also written.
Fixtures Existing in the Rented Property
The fixtures in the rented property, that is, the items inside the house, the subscription counters, the mailbox, and the key are also included in the rental contract.
General Conditions
It contains information such as the demands of the property owner, the bank account to which the rent will be deposited and the renovations to be made on the property.
These three items are sufficient to make a rental contract. After the contract is drawn up and signed, one copy remains with the owner and one copy remains with the tenant.
Information to be included in the Contract
The items that should be included in the rental contract prepared when renting a house to foreign nationals are as follows:
Neighborhood
Alley / Street
Building no
Unit no
Type of rented property
Owner’s name & surname
Owner’s identification number & tax number
Owner’s address
Tenant’s name & surname
Tenant’s identification number and tax number
Tenant’s address
Tenant’s workplace address
Rental price per month
Rental price per year
Payment method
Period of contract
Starting date of the contract
Current status of the property
Purpose of renting
Fixtures delivered with the property
Note:
When renting a house to foreigners, a foreign identification number must be entered in the Tenant ID number box. The identification number of foreigners can be obtained from the inquiry page of the foreign identity number of the General Department of Population and Citizenship Affairs of the Ministry of Interior.
Things to Consider in the Contract
The contract should state when and at what rate the rental increase will be made.
It is important that the credentials in the contract are filled in completely. Information such as ID number, name, and surname of the owner and tenant should be included in the rental contract.
The address, floor, and building number of the property must be clearly stated in the contract.
Each page of the contract must be signed by the tenant and owner. Unsigned documents may be deemed non-functional in the future when the document is required.
The dates and to which bank account the rental price will be deposited must be included in the rental contract.
Likewise, details of the deposit should be included in the rental contract in detail. These details state why the deposit was received and on what terms it will be refunded.
The tenant must inspect all fixtures while taking delivery of the house. It is imperative that the damaged or worn fixture information be included in the rental contract. Otherwise, the tenant may be held responsible for broken fixtures while leaving the house.
Special Conditions of Rental Contract
In the special conditions section at the end of the rental contract, there are various articles that protect the rights of the owner and tenant and state their obligations:
When the contract ends, the tenant must accept the rate of increase in the rental rate specified in the contract.
The tenant cannot transfer the property to a third party.
The tenant; is obliged to pay cleaning tax, invoices, and apartment dues.
Without the knowledge of the property owner, the tenant cannot repair the house.
Information on the deposit amount that the tenant has given to the owner must be included.
The end date of the contract must be specified. It should be stated that the contract will be considered renewed unless the parties are notified in writing 1 month before the contract expires.
Debts and expenses before the rental contract belong to the owner, and the expenses and debts after the rental contract belong to the tenant.
The tenant agrees to comply with the decisions made by the apartment management.
Apart from the special conditions mentioned above, the real estate owner and the tenant have the right to add clauses to the lease.
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