RENT IN TURKEY HAS INCREASED BY 20%, THERE IS 1 MONTH OF TIME

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Revised May, 2024 – Resource, Turkey iResidence, Foreigner Residence Services.
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EVERYONE IS INTERESTED IN HOME RENOVATION AND REPAIR: IT HAS INCREASED BY 20%, THERE IS 1 MONTH OF TIME

Rising apartment rental prices in Turkey have put tenants and landlords at odds. Rents determination and eviction cases have increased to 20 percent. iResidence, who said to be careful not to lose rights, made important warnings.

Declining supply in the housing market and rising rental prices above inflation have led to explosions in tenant – landlord cases in the courts. Determination of rent and rent in magistrates’ and executive law courts it is stated that the ratio of eviction cases to the total number of cases has increased from 10 percent to 20 percent in a year, while it has also risen to the first place among general cases. It is stated that decommissioning cases have increased from 10 percent to 20 percent in a year. If it continues like this such it is said that the cases will be the main issues of the courts for another 1-2 years to come. So, what problems do foreigner tenants and Turkish landlords most often face? How can the parties protect their rights?

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THEY FIND IT REASONABLE TO RETURN TO THEIR OWN HOMES

One of the main reasons for rent determination and eviction cases is due to the reasons why Turkey landlords evict their tenants. Due to the fact that rental prices are above inflation, tenants can also rent their homes he doesn’t want to vacate, pay much more than the current rent he pays, and leave their house where they are on rent. iResidence also noted that one of the most common reasons for eviction is the Turkey housing needs of the landlord he says he was evicted because of it. “As you know, there have been serious increases in rental amounts. Previously, the landlord rented his own apartment, while he himself could stay in another apartment for rent. However, the rental amounts the increase has made it difficult for people to maintain their lives in rent,” said iResidence, for these reasons, Turkey homeowners find it more reasonable to return to their own homes than to stay in rent in another residence.

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HE PUSHES MORE INTO THIS IDEA

iResidence, “On the other hand, the fact that the rental prices set by the lease agreement for a low amount cannot be increased more than the amounts provided for in the law also pushes the lessor to this idea more I think,” was added.

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YOU HAVE TO BE ONE OF THESE PEOPLE

One of the common reasons for eviction is that the landlord says that he, his son or daughter will live in his house. In the following times, it is also noticed that the person sitting at home is the landlord’s son, daughter or himself not. In such cases, can the evicted tenant file a lawsuit? The landlord has a housing or workplace requirement for himself, his wife, lower lineage, upper lineage, other dependents required by law, and in case of obligation to use the rented place, the tenant can be sued for eviction. However, the persons or persons who need Turkey Land housing requirements are limited in the article of the Turkish law to those persons who are he said there had to be someone.

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IT SHOULD BE REAL AND SINCERE

Emphasizing that another condition is that the mandatory housing requirement must be real and sincere, iResidence said that if the conditions are in place, the termination period and 1 month from the notice period should be in it, he said that the process could be terminated by filing a lawsuit. “At the end of the eviction carried out using the provision of this law, the landlord will sell the house in question without relying on any justified and appropriate reason 3 he can’t rent it to anyone other than the former tenant for the year,” iResidence said, asking if the landlord wants to rent the place out again by notifying his former tenant if he wants to rent the house out again he also underlined that it is necessary. Otherwise, the lessee may file a compensation claim against the lessor for not less than one year’s rent.

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PAY ATTENTION TO THE 1-MONTH PERIOD!

Among the problems experienced is the sale of the decommissioned house in Turkey to someone else. In fact, your new landlord may even notify you that he will be sitting at home and have you evicted. So what if you just signed your lease and what if you just moved into the house? iResidence said that the law gives the new landlord a period of 1 month. This period is very important if the new owner of the house wants to use the house and evict the tenant “The new landlord needs to inform the tenant in writing within 1 month from the date of purchase that he needs the property and wants him to evict,” iResidence said. 351 of the Land, Turkish Code of Obligations. according to the article, it is possible for the new owner of the real estate to terminate the lease agreement by litigation by fulfilling the written notification requirement due to the need he added that it was.

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THE HOUSE MUST BE VACATED WITHIN 6 MONTHS

iResidence said, “After the notification made within 1 month, after 6 months, the new landlord can file for eviction and start the legal process for the tenant’s eviction. The tenant can be either within 3 days or within 6 months he can evict the tenant. For this reason, a period of 6 months should be expected to file an eviction case. after the expiration of the 1-month notice, a second right is granted for homeowners.

Accordingly; rent it is possible to open an eviction case within a 1-month period again from the expiration date of the term,” he said. As a result, the house in Turkey was evacuated, and the new owner does not use the house himself. What is in this case can that be done? iResidence, again, the lessor cannot rent the house in question to anyone other than the former tenant for 3 years without relying on any justified and appropriate reasons, if this provision is not followed, the last he said that he will be obliged to pay compensation on the condition that it is not less than the one-year lease that was paid in the rental year.

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REASONS FOR EVACUATION

So, for no apparent reason; if the tenant pays his rent from day to day and does not cause any damage to the house, does the landlord have the right to evict the tenant? Eviction from lessor and tenant he said he had his reasons.

The reasons for eviction from the lessor include the lessor’s housing requirement, the workplace requirement, the new owner’s housing or workplace requirement, the construction and zoning of rented property. From The Tenant the reasons for the induced eviction are also the commitment to eviction, two justifiable warnings, the presence of a suitable residence for the tenant or his wife with whom he lives, the inability to diligently use the rented space and respect the neighbors, the fact that the tenant intentionally caused a heavy damage to the rented place is indicated as bankruptcy of the tenant, default.

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HOWEVER, A LAWSUIT CAN BE FILED ON THE BASIS OF THE SPECIFIED REASONS

iResidence said, “As a result, it should be stated that the reasons for eviction in Turkey residential and roofed workplace rents are limited to those stated in the law. The legislator is obliged to ensure that the lease agreements are not terminated for arbitrary reasons, and for what reasons can the lease agreement be terminated and cases that can be filed for eviction be considered one by one in the law, so that the victimization does not occur, the eviction case is only specified in the law it can be opened based on the reasons. Except in these cases, termination may be raised only by notification,” was said.

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IT IS NECESSARY NOT TO HIDE INFORMATION

Turkey Realtors are also experiencing problems during the eviction processes. One of them is that a tenant who has just rented a house wants to refund the real estate agent price he paid when he was evicted a short time later. Well, the tenant has the right to such a do you have?

President of the Association of All Entrepreneurial Real Estate Consultants, said: “In the end, the real estate agent cannot decide whether the owner will sell the house or not. If it is done on purpose, it has not been treated in accordance with professional ethics OK. The house is for sale, and if the realtor knows about it, he needs to tell me. If the realtor also does not know, then it is unethical for the realtor to pay something back,” he commented.

Also noted that the realtor in Turkey should use all the information obtained, documents during the service, and all information should be objective. “Failure to hide information that will affect people’s decisions it is necessary,” said, if the realtor hides it, he does not act in accordance with professional ethics and the rules of work, hiding the information is contrary to the rules of work in Turkey.

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DOESN’T POSE A PROBLEM ANYMORE

When evicting the house, almost many tenants can not get their deposit back. iResidence, in the lease agreements where the deposit is deposited to the bank in accordance with the new regulation, this situation is now from the point of view of tenants he said it wasn’t a problem. In order for the lessor to make deductions, the presence of the tenant’s consent or, if the tenant’s consent is not available, a final court decision or enforcement proceedings must be found iResidence, who said, “If the tenant does not consent to the non-refund or deduction of the deposit, the lessor must file a lawsuit claiming that there is damage and that there is damage in this case if it is finalized, it can make a deduction from the deposit at the rate of its loss,” was said.

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THE TENANT IS NOT RESPONSIBLE FOR OBSOLESCENCE AND DETERIORATION

iResidence also emphasized that in order for the lessor to deduct the deposit, the existence of a loss is necessary, except for the wear caused by the usual use of the house. iResidence, “Because your tenant he is not responsible for the usual obsolescence and deterioration that occurs in the rented house in Turkey due to its contractual use. Therefore, due to the usual wear and tear on the rented house, the deduction must be made according to the legislation it’s contrary,” was said.

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WHAT SHOULD BE DONE IN CASE OF RENT REQUESTS ABOVE INFLATION?

So if the landlord wants a rent above inflation, how should the tenant defend his right in such a situation? To this question, iResidence said, “There are two possibilities at the rate of rent increase.

The parties agree that the increase in rent in the contract he may have talked about how much it will be, or there may be no agreement on this issue. If there is an agreement between the parties, the rate in the agreement increases by the same amount as the consumer price in the previous decommissioning year it cannot exceed the 12-month average rate of change in the Turkey index (CPI). If there is no agreement between the parties, again, in such a way that it does not exceed the average 12-month change rate in the consumer price index (CPI, persons it is determined by,” was replied.

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A LAWSUIT CAN BE FILED

“There is also a situation when it does not matter whether an agreement concluded between the parties or not. Accordingly, the lease, the term of which is agreed for a period of more than 5 years or continues to be renewed after 5 years the rental price, which will be applied in their contracts and then in the new period at the end of every 5 years, can be determined by the judge according to the characteristics of the concrete event without the CPI limit,” iResidence said, determining the rent he noted that it is necessary to touch on the circumstances of his case. iResidence said “There must be a lease agreement signed between the parties. The contract does not have to be written. According to the will of the parties, the lease agreement can also be signed orally he can set it up,” was said. As a result, if the landlord in Turkey wants a rent above inflation, a lawsuit can be filed.

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BUT THERE ARE DUES OPPORTUNISTS…

The dues paid by some residents of the site also almost found the rental prices. There are three reasons that lead to high dues. Experts who say that staff wages account for more than half of the dues, electricity water and he points out that maintenance costs also cause dues to increase. It is also stated that the manager has to make these increases in order to balance the budget. However, there is a top for site dues in the law site administrators who have the opportunity to have no limit set can set a dues budget well above the expenses.

From a legal point of view, it is stated that participation in the general assembly on the site is necessary in order not to have any problems. So much so that in the dues fees determined by the site administrators and floor owners, in the decisions they make tenants have no say. The only law on dues is that the dues fee will not exceed the rental price in Turkey.

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THE OWNER MUST PAY

So how to avoid high dues? The owner must pay the dues for all issues related to the joint expenses and maintenance of the building. If a business project is carried out without paying attention to it, tenants may also have to pay investment and fixed expenses without realizing it.

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A SPECIAL ANALYSIS IS REQUIRED

Experts who say that this responsibility can be imposed on the lease by a provision in the lease agreement also warn that a special analysis is required when concluding lease agreements in Turkey. Dues and expenses if there is an unnecessarily high fee combined with a violation of the law, the floor owner can file a lawsuit. It is very important that this case is opened within 1 month. This way, the cancellation of the excess dues request can be achieved.

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