Tenancy law governs the relationship between tenant and landlord from its creation to its termination. In recent years, rising rents have markedly increased the number of disputes over eviction and rent determination. Our firm represents parties in Ankara in rent determination, rent adjustment and eviction cases.
Articles 350 et seq. of the Turkish Code of Obligations set out an exhaustive list of grounds for eviction. The main ones are:
Each ground is subject to its own conditions, notice requirements and time limits for bringing proceedings. Since failure to meet a time limit can lead to the case being dismissed without examination of the merits, identifying the correct ground at the outset is important.
The eviction undertaking is the document most frequently disputed in practice. To be valid, it must be in writing, executed after the property has been handed over to the tenant, and specify a definite eviction date. For this reason, undertakings signed at the same time as the lease are frequently held invalid. Eviction based on an undertaking requires enforcement proceedings to be initiated or an action to be filed within the period prescribed by law.
The parties are free to agree the rent; however, the rate of increase applicable in renewed rental periods is limited by law. Where no increase rate has been agreed in the lease, or in tenancies lasting more than five years, the rent may be redetermined by reference to comparable properties. In a rent determination case, the judge takes into account the location and condition of the property and comparable rents.
If unforeseeable and extraordinary developments after the conclusion of the lease have upset the balance between the parties' obligations to an intolerable degree to the detriment of one party, adjustment of the rent may be sought on the basis of the provisions on excessive difficulty of performance. The adjustment action is subject to different conditions from the rent determination action.
For residential and commercial rents above a certain amount, payments must be made through a bank or PTT (the Turkish postal service). Cash payments not only make it harder to prove that payment was made but may also give rise to administrative penalties.
For a large proportion of disputes arising from tenancies, applying to a mediator before filing an action is a mandatory precondition. If this stage is skipped, the action is dismissed on procedural grounds.
The landlord is obliged to hand over the leased property in a condition suitable for the use provided for in the lease and to maintain it in that condition throughout the tenancy. The tenant is obliged to pay the rent on time, to use the property with care and to show consideration for neighbours. In the case of defects that arise later and prevent use of the property, the tenant may request that the defect be remedied, that the rent be reduced or, where the conditions are met, terminate the lease.
For residential and covered commercial premises, the security deposit is limited by law, and a deposit given in cash is required to be placed in a bank. When the tenancy ends, the deposit must be returned if the landlord gives written notice that they have no claim against the tenant or does not initiate proceedings to that effect.
Where rent is not paid, eviction may be sought through enforcement proceedings without a court judgment by serving a payment order. If the tenant does not pay or object within the time limit, an eviction order may be obtained. Enforcement proceedings may also be used for eviction based on a written eviction undertaking. Failure to comply with procedural rules and time limits in these proceedings means the process has to be started again from the beginning.
The tenant may not sublet the property or transfer the right of use to another person without the landlord's written consent. This rule is even stricter for residential and covered commercial premises. A transfer made without consent may constitute grounds for eviction.
Although leases of covered commercial premises are largely subject to the same provisions as residential leases, they give rise to specific issues regarding transfer of the business, transfer of the lease and the application of the grounds for eviction. Whether the parties to the lease change upon transfer of the business is determined by the terms of the lease and the landlord's consent.
In tenancy disputes, the decisive factor is often whether the formal notice was sent at the right time and with the right content. Failure to serve the notice properly affects all subsequent stages. For this reason, it is advisable to keep correspondence and payment records in good order from the start of the dispute.
