10 Issues to Consider When Conducting a Rent Agreement

The lease agreement is a very important document that establishes the rules and decisions between the tenant and the landlord. Knowing what a lease agreement is and what issues should be paid attention to when concluding a contract is highly critical in terms of preventing possible problems that may occur in the future.

What is a lease agreement?

A lease agreement, or otherwise known to the public, is a contract whereby “the owner undertakes to leave the tenant to use something or benefit from it during use, and the tenant undertakes to pay the agreed rent price”. The lease agreement means a written declaration that the owner of the residential or property owns to the tenant for a limited period of time specified in the contract.

The lease agreement/lease is the most important official document to be used in case of any problems between the owner and the tenant. Therefore, before signing any lease, it is important for both the owner and the tenant to carefully read the paperwork containing the rules of the lease agreement.

What Are the Issues to Consider About the Rent Agreement?

When concluding a lease agreement, there are many issues that the tenant and the owner of the property should pay attention to. We have compiled for you 10 of the most important of them.

Control of Rental Information

Before the conclusion of the lease agreement, it is necessary to check the validity and correctness of all information contained in the contract, so that no information is incomplete or misspelled.

The first of the information to be considered in the contract is the owner and tenant's name, home/business address information, T.C. identification numbers, contact details, dates of birth. If there is a guarantor, it is expected that the same information will be written for him as well. The address of the leased property and what kind of property it is must be written in the lease agreement in full and complete. The building number, apartment number, apartment and site name must be strictly checked.

Determination of the duration of the lease

One of the most important factors in making a solid lease is the decision of the lease term. In addition, if the contract is requested to be terminated before the specified period, the penal amount that the tenant/owner has to pay should be expressed as a separate clause in the lease agreement.

It is a common occurrence that the term of lease contracts is usually set as 1 year. When the one-year lease ends, the lease automatically extends and continues to remain valid if the property owner and tenant have agreed on the continuation of the contract. Since after the end date of the one-year lease agreement the lease is resuming by renewing itself, the owner of the property cannot demand that the tenant leave the rented housing and vacate the house.

Rent Cost

The amount of rent to be given per month and the total number of all rent costs at the end of a year must be included in the lease agreement both in writing and by number. On what day of the month the rental price that the tenant will send to the property owner's bank account, in which bank the property/housing owner has an account and the account number in the specified bank must be fully indicated in the lease contract.

The issue of how to pay rent can be determined by the owner of the property and the tenant. Or the total rental price for one year can be given to the owner of the property at the date of the conclusion of the lease agreement. The issue of how to pay the rent in the lease agreements is a topic that will be clarified between the owner and the tenant, and a way they meet in common can be chosen.

Rent Increase Cost

Rates of increase in lease contracts are determined in accordance with the New Law of Obligations. The owner may realize the amount of increase in the rental price on the housing provided that there is no higher rate than the consumer price index (CPI) rate determined by the TİK when the lease agreement expires. Property owners who resist in increasing rent more than the rate specified in the CPIE are against the law, and in such a situation, the tenant can seek the right to housing and the lease agreement through legal means.

If the lease signed by the parties prolongs on its own, the owner is able to carry out a raise at the rate determined by the CBI for a maximum of 5 years. After the expiration of the 5-year period, the lease may continue with a new lease amount determined by the owner of the property. In addition, by July 1, 2023, the rent increase rate is fixed at 25 percent.

Deposit Fee

The amount of the deposit, which is included in the rental agreement and is one of the most important issues, can not be more than the three-month sum of the rental price established for housing. The tenant and the owner of the property must determine how much the amount of the deposit will be before the lease is made. The cost of the deposit relates to the conditions under which the rented housing is received and the fixtures about the housing.

The current status of fixtures (items, walls, washbasins and faucets, kitchen parts, furniture, floor) in the rented housing at the time of the lease agreement should be listed and documented by adding photos if possible. Under what conditions the deposit to be withdrawn at the end of the contract will be refund/received is formed according to the status of the aforementioned fixtures at the end of the lease agreement. At this point, in order for the tenant not to suffer any victimization, it is necessary to include in the contract by clearly and clearly clamenting why the deposit is issued, how much it is issued, under what conditions it will be withdrawn.

Dumps and Invoices

If the housing rented in the lease agreements is subject to a certain amount of dues that are required to be paid every month by the regulation of an apartment and apartment in a larger structure, the issue of who will pay the dues must be decided before the contract is signed between the owner and the tenant.

As in some lease agreements, the tenant is responsible for the amount of dues collected on a monthly basis, in some leaseholders the owner of the dwelling can agree that he will pay the dues regularly every month. Which party will pay the rent housing dues and how much it will be paid should be included in the rental agreement as a separate item. The tenant is responsible for invoices resulting from uses such as electricity, water, natural gas, internet.

Bail

When signing lease agreements, one or more persons may be guarantor. If there is a case of a guarantor, the duration of the bail, the amount and the information of the guarantor must be included in writing in the lease. If the bail is not specified by expressing a certain amount, the surety shall be considered invalid.

The issue of bail is described in the Law of Obligations, and under this law, the person or persons who will be guarantors when signing the lease agreement must write the sentence “joint and individual guaranty up to... TL” on the paperwork and sign it under it.

Timeshare

In lease agreements, tenants/tenants from the parties signing the contract may not convert or make timeshare the property they rent into a common and permanent living space with persons whose name is not included in the contract; the rented housing cannot be transferred to another, regardless of how long it is. Such matters are subject to the permission of the owner of the property.

Renovation

One of the important features of a solidly constructed lease without any explicit issuance is that it includes the subject of renovation. If the owner of the property has any expectation of renovations of the rented housing or space, he must decide on this issue by talking to the tenant before the conclusion of the lease agreement. What is the repairment to be carried out, the amount of possible costs, the scope of the renovations should be included in the contract.

Protection of Notary and Documents

It is a safe and effective way for the tenant and property owner to sign the lease agreement in the presence of a notary, in order to ensure that the signed paperwork includes all requirements and to prevent any disclosure in the further process. Signed documents must be carefully stored and protected from harm.

You can rely on the Index for any issues you may encounter during the lease and for the valuation of the real estate you will rent.