Tenant Rights Guide: The 10 Most Common Issues

Tenant Rights Guide: The 10 Most Common Issues. Renting a house or a workplace is being accepted as one of life’s most basic needs. However, when a rental agreement is being signed, not only a commercial relationship but also legal rights and obligations are also arising between the parties. Tenants in particular are often encountering legal problems in subjects such as rent increase, deposit return, or eviction. In this article, by focusing on the 10 most common legal problems that tenants are encountering, how these problems are being solved within the scope of the Turkish Code of Obligations, what the rights of the tenant are, and which steps must be taken to protect these rights are being examined in detail.

1. The Rental Agreement and Its Legal Nature

A rental agreement is a contract in which the tenant is undertaking to receive the use of a property (house, workplace) from the landlord for a certain period and to pay a rental price in return. The validity of the rental agreement is not dependent on it being made in a written manner; however, a written agreement must be made in terms of the ease of proof.

2. The Delivery of the Rental Property and Its Being Defective

The landlord, with the rental agreement, is obliged to deliver the rental property in a way that is suitable for the tenant’s use.

• Defective Property: It is the situation where the rental property does not have the features that are stated in the contract or that are expected. For example, situations such as the roof of the house leaking or the plumbing not working are being accepted as defects.
• The Rights of the Tenant: The tenant can request the redressal of the defect from the landlord, a discount to be made from the rental price, or the right to terminate the contract due to the defect.

3. The Determination of the Rental Price and Increase Rates

Rental price is being determined in the contract. The rent increase rate cannot exceed the consumer price index (CPI) rate announced by the Turkish Statistical Institute (TÜİK).

• Legal Limit: The rent increase rate being determined in an arbitrary manner by the landlord has been prevented. This situation is aiming to protect tenants.
• Lawsuit for the Determination of the Rental Price: The landlord, in rental agreements of a duration of more than five years, can file a lawsuit for the determination of the rental price and request the rental price to be made in compliance with market conditions.

4. Deposit (Security Fee) and Its Return

A “deposit” is being paid by the tenant to the landlord at the beginning of the rental agreement. This deposit is being taken for the purpose of covering the damages that the tenant can cause to the rental property.

• Its Amount: The deposit can be at most three months’ rental price.
• Its Return: When the rental agreement ends and the rental property is delivered to the landlord, the deposit is required to be returned to the tenant together with its interest. If the tenant has caused a damage to the rental property, this damage can be deducted from the deposit.

5. The Changes and Improvements Made to the Rental Property

The tenant is obliged to take permission from the landlord before making fundamental changes to the rental property.

• Legal Consequences: The changes made without the tenant’s permission can constitute a reason for the landlord to terminate the contract.
• The Request for Expenses: The expenses of the improvements that have been made with the landlord’s permission and are increasing the value of the rental property can be requested by the tenant when the rental agreement ends.

6. Eviction Lawsuits and the Legal Protection of the Tenant

One of the subjects that tenants are worried about the most is the risk of being evicted in an unjust manner. The Turkish Code of Obligations is taking the tenant under protection against this situation.

• Reasons for Eviction: For the eviction of the tenant, a valid legal reason of the landlord must be found. Situations such as the rent not being paid and the landlord needing the house for themselves or their relatives are being found among these reasons.
• Legal Process: The eviction of the tenant is only being possible with a court decision. The landlord must file an eviction lawsuit against the tenant.

7. The Termination of the Rental Agreement and the Eviction Notice

The end of the rental agreement is being subject to certain legal procedures.

• The Duration of the Agreement: When a rental agreement has been made for a certain period, it is not ending automatically at the end of the period. The landlord must send an eviction notice to the tenant at least three months before the end of the agreement.
• The Tenant’s Termination: The tenant has the right to terminate the agreement in fixed-term agreements by making a notification fifteen days before the end of the agreement period.

8. Mediation in Rental Disputes

In disputes arising from a rental agreement, the way of mediation has been made mandatory before a lawsuit is filed.

• The Mediation Process: Mediation is a process in which the parties are coming together with the accompaniment of a mediator and are trying to solve the dispute without going to court.
• Its Purpose: The purpose of this process is to reduce the workload of the courts and to ensure that the parties are reaching an agreement in a fast, low-cost, and peaceful manner.

9. The Situation of the Tenant if the Landlord Changes

If the rented house or workplace is sold while the rental agreement is continuing, the new owner is being accepted as a party to the existing rental agreement.

• The Continuation of the Agreement: The new landlord cannot evict the tenant immediately. The rental agreement is preserving its validity until the end of the period.

10. The Importance of Legal Support and Counseling

Rental law can be complex for both the landlord and the tenant. For this reason, legal support being taken from a lawyer is of vital importance for the protection of rights, the correct preparation of the agreement, and the prevention of possible legal problems.

Tenant Rights Guide: The 10 Most Common Issues. A rental agreement is an important legal document that is determining the rights and obligations of both the tenant and the landlord. Tenants have legal rights in many subjects from rent increase rates to eviction processes. The knowing of these rights is ensuring the correct management of legal processes and is facilitating the solution of possible disputes. Although rental disputes are challenging, it can be possible to reach a fair result thanks to legal regulations and legal support.