The responsibilities of both the tenant and the landlord in the process of renting a house are determined within the framework of the law. With the Law No. 6098 within the scope of the Code of Obligations, which was renewed in 2019, these responsibilities and tenant rights are clearly stated, except for mutual special agreements.
The rights and obligations of both tenants and landlords are clearly stated in the lease contract. Clauses can be added to standard lease contracts in line with the special requests of landlords. For this reason, it is essential to read the lease contract in detail when renting a house.
Tenant Obligations
After renting a house, the tenant has various responsibilities. If the tenant fails to comply with these responsibilities, the landlord may issue a notice to the tenant and this process may lead to eviction.
The first obligation of the tenant is to pay the rent at the specified time in accordance with the lease agreement.
If there is no specific date in the rental agreement, the rent must be paid at the end of the month and at the latest at the end of the rental period.
Tenants who benefit from services (such as central heating) must share in the costs of the apartment building.
The tenant must obtain written permission from the landlord to make changes to the structure of the property.
The tenant is obliged to deliver the house as received within the terms of the lease agreement. However, obsolescence caused by the wear and tear of time is not under the responsibility of the tenants. For example, the tenant cannot deliver a solid cabinet in a broken state. However, the tenant is not responsible for the renewal of items such as marble, doors, etc. whose appearance has faded over time or whose joinery has worn out.
Landlord Obligations
The landlord has certain responsibilities towards the tenant. If the landlord fails to comply with these obligations after renting out the property, tenants can demand that these responsibilities are fulfilled.
The landlord is obliged to keep the property in the same condition as it was rented for the duration of the contract. The landlord bears the costs related to the real estate, except for wear and tear due to use.
The landlord pays expenses such as insurance and taxes related to the real estate. This is stated in the lease agreement and can be changed if the parties agree.
If a defect in the leased property occurs and causes damage to the tenant, the landlord must compensate the tenant for the damage, unless this is specified in the lease agreement.
If the tenant pays the rent for the rented property late, the landlord cannot offer any penalty agreement. This means that if the tenant pays the rent late, they cannot be charged a higher rent for the following month.
Ancillary costs for which the tenant is not liable must be paid by the landlord at the end of each month, at the latest at the end of the lease term. This situation may also change by mutual agreement. For example, deducting the amount of the expense from the next rent.
Under the 2019 Code of Obligations, the term “local custom” is used to allow for region-specific differences. In this case, the lessor may benefit from the local customs where the real estate is located. These local customs cannot exceed the limits set by law. For example, in a place, rents may be paid for 3 months or 6 months. This counts as a local custom. Or the rent is due on the 25th of the month instead of the 1st of the month. These things can be added to the contract by the landlord in line with local customs. For details, see the landlord’s rights under the Code of Obligations.
The landlord cannot demand that the tenant move out before the end of the lease period, unless there are illegal circumstances and justified termination conditions. Justifiable grounds for termination include situations such as not getting along with neighbors or the landlord leaving the property to dependents.
These are the obligations of landlords and tenants under the Code of Obligations. In the event of a dispute, the courts decide according to these provisions.
