What Are Tenant's Rights?

Lease agreement means an official document signed between the person who owns the relevant real estate and the tenant who wants to lease the real estate for a certain period, making the lease agreement between the parties in writing. This contract, which legally binds landlord and tenant, is the first source of reference in any problem that may arise. Lease,

• Kiralanan gayrimenkulün ne kadar süreliğine kiralandığını
• Kiracı ve gayrimenkul sahibinin kişisel bilgilerini
• Ev sahibi ve kiracı arasında belirlenmiş olan kira bedelini
• Gayrimenkulün tam adres ve konum bilgilerini
• İlgili mülk sahibinin kiracıdan talep ettiği şeyleri
• Kiralanacak olan gayrimenkul içerisindeki demirbaşların bilgisini
• Kira bedelinin hangi aralıklarla ve hangi hesaba yatırılacağını
• Vekil varsa vekilin imzasını ve tüm iletişim bilgilerini kapsamaktadır.

There are many important items in a binding lease that provides for the formation of a formal agreement between the tenant and the landlord. In any problem that may arise in the future related to the rented property, the clauses of the lease agreement can be taken as the basis.

Due to the increase in rent prices and the real estate sector has become much more volatile with the changing economy, problems between tenants and landlords in recent times are often on the agenda, which leads to the question “What are the rights of the tenant?” brings the question. In this article, we have focused on the rights of tenants, the rights of non-contract/workplace tenants and the rights that arise in various situations.

Non-Contract Tenant Rights

When there is no lease agreement in writing, that is, the rights of the tenant are valid in the non-contract lease, which is common in the sector. Tenant rights are not a state of validity or variability according to the manner in which the contract is made. All rights granted to the person who is the tenant of the lease, which is poured into a written form, apply to the tenant person in the unwritten lease agreement under the Tenant Rights Act.

In the case of tenant rights, in the contract related to the relevant property, the landlord is not able to remove the person holding the real estate as a tenant against the law and disregard the tenancy rights that the tenant possesses.

Workplace Tenant Rights

The process of renting a workplace is a much more complex and detailed process than renting a real estate for housing purposes. The rights of workplace tenants within the clear limits established by laws vary. These rights include:

• Kira sözleşmesinde yer alan kiralama tarihine uygun şekilde, amaçlanan kullanımı sağlayacak sağlam bir halde kiracıya teslim edilmesi
• İlgili konutun başkasına kiralandığı zaman aralığı boyunca aynı şekilde kalmasının sağlanması durumunda kira sahibinden hak talep etme
• Gayrimenkulün sahibinin konutla ilgili deprem sigortası yapma, çeşitli emlak vergileri ödeme gibi sorumlulukları üstlenmesi 
• Konutta ortaya çıkabilecek bir problemin çözülmesini isteme hakkı
• Belirlenen süre bitmeden kiralayan kişinin işyerinden atılmaması hakkı
• Belirlenenden geç bir zamanda ödenen kira bedeli için herhangi bir cezai işlem sürecinin başlamasını engelleme hakkı 

Tenant Rights in case of sale of the house

There are laws that protect the tenant in the event of problems that may arise in the event of the sale of the house. If the relevant real estate is sold to another person, the contract of the former landlord and the tenant who rented the real estate automatically ends. In such a situation, the new owner of real estate is able to request that the tenant, who is already sitting in the dwelling, leave the dwelling.

In such a situation, the new landlord has the right to evict the tenant from the house, but the tenant must be given the necessary time. The owner of the housing is required to issue a notice to the person who is the tenant to leave the house by emptying the relevant real estate within 6 months. No tenant can suddenly be removed from the dwelling, within legal rights he can use the maximum period of 6 months defined to him.

Tenant Rights in Rent Increase

The amount of rent increase can be included in the lease agreement with the joint agreement of both the tenant and the lessor. But the person who rents the real estate and the respective landlord are not completely free in determining the rate of rent increase.

The maximum amount of rent increase rate that will occur every year is determined by the relevant article of the Turkish Law of Obligations within the framework of legal limits. This official limit on the rate of rent increase is calculated based on the 12-month average in the consumer price index of the previous rental year.

The rent increase price, which can be determined between the owner of the real estate and the tenant who rents the dwelling, is valid provided that it does not exceed the average set by the CPI.

If the landlord asks the tenant a new rent fee in an amount greater than the rent increase price included in the lease and determined by the CPI values and exceeds the limits of the increase rate, the tenant's rights come into play and the tenant does not have to pay this amount.

But in such a situation, the landlord is able to initiate an untruthful pursuit on behalf of the tenant. When such a situation is encountered, the tenant is required to object to the unfailing pursuit initiated by the landlord within the required period.

Claims arising out of the lease agreement

There are many types of litigation arising from the lease agreement. Due to rent prices that have increased so much in recent years, there may be problems between individuals and landlords who have long been tenants of certain real estate, and legal means can be applied for such situations within the scope of landlord's rights and tenant's rights. These cases;

• Tahliye davaları
• Kira bedelinin tespit edilmesi ya da diğer tespit davaları 
• Kira sözleşmesinin feshi kaynaklı olan davalar 
• Kira kontratındaki maddelerden ortaya çıkan tazminat ve çeşitli alacak davaları
• Kiracının hakları kapsamında ortaya çıkan davalar olarak alt başlıklara ayrılmaktadır.

In What Cases Can the Tenant Be Ever Out of the House?

Before the date of the lease agreement expires, it is not possible for the landlord to remove the tenant from the property arbitrarily and without cause, and landlords who try to remove the tenant, although there is no valid reason, commit a crime by opposing the law. However, if some exceptional circumstances arise before the end date of the contract, the tenant may be removed from the house.

As an example of these situations;

• Gayrimenkul içerisinde, yaşamayı imkansız kılan çeşitli tadilat sorunlarının ortaya çıkması
• Kiracıdan alınan tahliye taahhütnamesi
• Kira sözleşmesinin devam etmesini imkansız kılan önemli ve özel durumların ortaya çıkması
• Kiracı olan kişinin kiralamış olduğu konuta karşı zarar verici, problematik ve sorunlu davranışlarının olması
• İşsizlik ya da iflas gibi durumlardan kaynaklı olarak kiracının herhangi bir gelire sahip olmaması ve sözleşmede belirtilen tarihlerde kira ödemesini gerçekleştiremeyerek geleceğe yönelik bir güvence de sunmaması
• Kiralanmış olan gayrimenkulde en az 1+10 yıl boyunca ikamet eden kiracıya tahliye davası açılabilmesi gibi durumlar gösterilebilmektedir.

Frequently Asked Questions About Tenant Rights

On issues such as landlord rights, lease process/contract termination and 5-year tenant rights, many people who are thinking about entering into a lease have different questions. From these questions we have included the most curious ones and more in our article.

Ev Sahibi Kiracıyı Evden Çıkarabilir mi? 

The landlord is not able to remove the tenant from the house at any time, determining a reason for his pleasure. In order to prevent the occurrence of such situations, the rights of tenants are legally protected.

There are exceptions where the landlord has the right to remove the tenant from the house and now landlord rights come into play. What are these situations, the question “In what cases can the tenant be removed from the house?” You can reach it by examining the title.

5 Yıllık Kiracıya Ne Kadar Zam Yapılır?

The most critical issue in which the rights of tenants come into play is the rate of rent increase. The annual rent hike is carried out not to exceed the rate determined by the CI, and landlords cannot set a rent increase rate in their own way.

By the end of a 5-year lease agreement, the landlord has the right to decide on the price of the new lease. There are also extra rights that come into play for the tenant who wants to continue to stay in the relevant housing but finds too much of the amount that the landlord thinks, and these are the first items that come to mind when considering what the tenant's rights are.

In the case of a lease renewed after 5 years, both parties who are tenants and landlords may request that the determination of the rent price be made by the judge. In the case of such a situation, the judge is able to determine the new lease price for the future new lease period, taking into account the current market real estate rental values, the rent rates by region and the rent increase rates announced by the CPIE. Location analysis, central settlements located in the region and the value of these residences in the current real estate market are effective in this decision made by the judge. When performing location analysis, you can take advantage of the tools offered by Index, a real estate valuation platform.

1 Yıllık Kira Sözleşmesi Bitince Ne Olur?

When the 1-year lease agreement is over, the tenant may want to continue to sit in the dwelling, since the contract has a five-year inclusion in terms of the tenant's rights under the laws, so that the new lease price is determined by the CPI rate and the contract is renewed.

According to the articles of the Turkish Law of Obligations, the tenant has the right to terminate the contract when the lease contracts that have a certain duration expire, and this is one of the most important aspects that stand out among the rights of the tenant.