The tenancy agreement in Turkey is made to prevent any legal problems that may arise in the future. The tenancy agreement is a formal written document between the landlord and the tenant indicating that the tenant can reside in the property after paying the rent. Foreign nationals who fulfill certain requirements can reside as tenants in Turkey and to be able to do that, they should first sign a tenancy agreement. Documents required to make a tenancy agreement for Turkish citizens and for foreign nationals are similar. This article gives all details for foreign nationals who want to be tenants and follow the tenancy agreement process closely.
Articles That Must Be Specified In the Tenancy Agreement
A tenancy agreement, which is a legal contract, protects the rights of the landlord and the tenant. If a foreign national makes a tenancy agreement to reside in Turkey as a tenant, his/her rights will be protected.
Information required to be included in the tenancy agreement;
- The number of the flat to be rented
- Full postal address of the property
- Description of the rented property
- Personal information and ID number of the landlord
- Address of the landlord
- Tenant’s name and surname
- Tenant’s address
- Effective date and termination date of the agreement
- Monthly and annual rental
- Rent payment method
- Fixtures delivered with the property
- Usage status and intended use of the property
- Turkish Republic ID No. of the tenant.
Foreign nationals must obtain a “Work Permit Exemption Certificate” in order to obtain an ID number. It is obligatory that the institutions assigned to issue this document have made an application. The foreign nationals are required to file an application with the relevant institutions and get registered, and the registration details should be sent by the authorized institutions to Directorate General of Civil Registration and Citizenship Affairs.
General Terms That Should Be Specified In the Tenancy Agreement
The tenancy agreement protects the rights of both the landlord and the tenant. It would be beneficial to know the conditions that should be included in order to protect these rights. So what are these conditions? The first article to include in the tenancy agreement for foreign nationals who want to become tenants in Turkey should be that the rented property should be used with care by the tenant. It is imperative that the tenant approaches the residents and neighbors living nearby in good faith. It is among these items that the property cannot be sublet and transferred to any third parties by the tenant. The tenant will be able to make changes within the property only with the permission of the landlord. These changes will include situations such as renovation, modification, repair. Apart from this, in case of any damage to the fixtures or items in the property, the landlord must be indemnified for such damage. Another article in the tenancy agreement for foreign nationals who want to become tenants in Turkey includes the fact that the tenant is obliged to vacate the property during the vacation process. This article states that landlords are not responsible for any damage to the belongings of a tenant who has not vacated the property during the vacation process.
How Is The Rent Increase Procedure Applied for Foreign Nationals?
Foreign nationals should have knowledge of procedures required for being a tenant and the documents to be delivered as well as his/her legal rights throughout the term of the tenancy agreement. Foreign nationals whose rent is based on foreign currency in their tenancy agreement are entitled to object to the foreign currency value balances during their tenancy term. They also have the right to sue if the foreign currency gains excessive value. Accordingly, if the rent is based on foreign currency in the tenancy agreement, there won’t be any increase in the rent for 5 years. If they make a tenancy agreement based on Turkish lira, the rent can be increased in 1 year. The increase in rent to be made in the tenancy term of foreign nationals who want to be a tenant is made at the annual average rate given by Domestic Producer Price Index, announced on a monthly basis by Turkish Statistics Agency. The increase in rent varies according to this rate, and if it is higher, it will be subject to sanctions determined. The rights of foreign nationals who are tenants are protected in accordance with the tenancy agreement, and the parties are mutually obliged to agree to all changes that may occur in the process.
Things to Know for Terminate the Tenancy Agreement
Foreign nationals who want to become tenants are entitled to terminate the tenancy agreement during the tenancy. But this right is subject to certain conditions. This article will guide you on this matter. Foreign nationals who give minimum 15 days’ notice are entitled to terminate the agreement. This termination will only take effect at the expiry of the tenancy term. If the agreement contains a provision for termination of the agreement, termination will take effect according to the period in the agreement. In the absence of such a provision in the agreement, termination will become applicable at the expiry of the specified tenancy, if any, and upon 3 months’ notice at the end of each period of 6 months, if not specified. The right of termination will take effect if the aforementioned conditions are met. If the tenant needs to move out before the end of the tenancy, the parties should mutually reach an agreement. In this process, the property may become vacant. If a new tenant cannot be found, the rent must be paid during the period of the vacancy. The tenant also has another right reserved, apart from all referred to above. At the expiry of the term specified in the tenancy agreement, foreign nationals wishing to be a tenant are entitled to extend the term of the tenancy agreement.
