Frequently Asked Questions and Answers About Lease Agreements
Lease agreements are one of the important documents that regulate the legal relations between the tenant and the lessor. Questions are frequently asked about these agreements, which determine the rights and obligations of both parties. Here are the most frequently asked questions and answers about lease agreements:
1. Does the lease agreement have to be in writing?
Yes, it is much safer for the parties to have a written lease agreement. A written agreement can be used as evidence in the event of any dispute and helps protect the rights of the parties. However, according to the Turkish Code of Obligations, it is not mandatory for the lease agreement to be in writing; it can also be made verbally.
2. How long should the lease agreement be?
A lease agreement can be made for a definite or indefinite period depending on the agreement of the parties. Generally, lease agreements for residences and workplaces are made for 1 year. However, at the end of the period, the agreement is extended under the same conditions unless the parties notify otherwise.
3. How is the rent increase rate determined?
The rent increase rate is determined according to the 12-month average Consumer Price Index (CPI) rate announced by the Turkish Statistical Institute (TUIK). However, the parties may determine an increase based on this rate when making the contract. However, the increase rate must not exceed the legal limits.
4. What can the landlord do if the tenant does not pay the rent?
If the tenant does not pay the rent, the landlord can send a notice to warn the tenant to make payment. If the debt is not paid within certain periods, the landlord can request eviction through enforcement or initiate the eviction process by filing a lawsuit.
5. Can the tenant move out before the contract expires?
It is possible for the tenant to move out before the contract expires, but in this case, attention should be paid to the early termination conditions in the lease agreement. If there is no termination period specified in the contract, the landlord may be entitled to compensation for the damages suffered.
6. Can the landlord evict the tenant before the contract expires?
The landlord must have justified reasons to evict the tenant before the contract expires. For example, situations such as the tenant not paying the rent, using the real estate for purposes other than intended, or the lessor’s urgent needs may constitute examples of this situation.
7. When is the deposit returned?
The deposit must be returned upon termination of the lease agreement if the tenant leaves the real estate in the same condition as delivered. If there is damage to the real estate or the tenant has unpaid debts, the lessor has the right to deduct these debts from the deposit.
8. Is the lease transferable?
It is generally not possible for the tenant to transfer the lease agreement to someone else without the written consent of the lessor. Although there is a possibility of transfer under certain conditions for workplaces, the consent of the lessor is important in this process.
9. Can the rent be determined in foreign currency?
Yes, the lease agreement can be made in foreign currency, but with the regulations that came into force in 2018, payments in foreign currency were prohibited for some lease agreements (especially residential leases) made between persons resident in Turkey. Existing contracts made in foreign currency must be converted into TL.
10. Can the tenant make renovations in the rented place?
The tenant cannot make renovations in the rented property without the permission of the landlord. If the renovations made are not accepted by the landlord when the lease ends, the tenant must restore these renovations.
Lease agreements are of critical importance for both the tenant and the landlord. Therefore, clearly stating the rights and obligations of both parties while preparing the agreement helps to prevent possible disputes. Do not forget to get professional support to get more detailed answers to your questions and to receive legal consultancy services in your lease agreements.
