Tenant rights are determined by law to regulate the relationship between the property owner and the lessor. In our country, since 2011, the rights of tenants have been protected by law with the “Law No. 6570 on Real Estate Leases”.
What rights do tenants have under the Code of Obligations? Updated as of 2019 and still valid in 2021…
Rights Every Tenant Should Know
Under the Code of Obligations, the lease agreement between the tenant and the landlord is now treated as a deed. It is in the tenant’s best interest to read the terms in detail before renting a place.
When it comes to the landlord’s responsibilities towards the tenant, the following articles are protected by law. In case of problems with the landlord, the tenant can seek his/her rights through the following articles.
The first thing that can be said about tenant rights is that the landlord cannot evict the tenant before the contract expires without a justified reason. Justified grounds are determined within the framework of the law. For example, if the rented property is necessary for the owner himself/herself, his/her spouse, his/her children, his/her parents or other persons who are legally dependent, the landlord may request the tenant to leave.
Article 301 of the Code of Obligations obliges the landlord to keep the property in the same condition as it was rented during the lease agreement. Accordingly, the renovation costs of the house belong to the landlord. The tenant can underpay the rent by covering the construction costs of the house himself. In this regard, it is important to first make an agreement with the landlord and invoice all costs.
If the tenant cannot benefit from the house sufficiently due to subsequent defects, he/she may request the landlord to remedy these defects. If renovation and construction defects appear later and cannot be remedied, the tenant may request a reduction in the rent.
Lease agreements are automatically renewed for one year unless otherwise stated and unless a new agreement is drawn up 15 days before the expiry date.
The tenant may transfer the leased property to another person for rent. The tenant has the right to transfer the property, provided that the property is not damaged. This requires written permission from the property owner.
It is possible for tenants to be the manager of the apartment building. For this, it is sufficient for the tenants to attend the meetings of the apartment board.
Payments such as insurance and taxes belong to the property owner, unless otherwise stated in the contract.
The landlord is obliged to return the deposit if the tenant has received the house as it was given when he/she evicted the tenant.
The tenant is obliged to pay the rent that is not paid on time, but the landlord cannot demand extra payments such as penalty rent from the tenant for late payment of rent. In case of non-payment of rent, the landlord can sue to evict the tenant.
The tenant is not responsible for fixtures that wear out due to the wear and tear of time. For example, the cost of furniture that wears out over time or fading walls cannot be claimed from the tenant.
If the house where the tenant lives will be evacuated due to urban transformation, the tenant can receive assistance from the state up to 2 rents. For details, you can take a look at the Implementation Regulation No. 6306 of the Law on the Transformation of Areas Under Disaster Risk.
The rights of the tenant without a contract are also determined within the framework of this law. In other words, tenant rights are valid even if there is no lease agreement.
Where can tenants apply for their rights?
Tenants who have problems with the property owner regarding rent or housing and workplace rules can apply to the Civil Court of Peace and initiate proceedings to resolve the problem.
