Things Foreigners Should Consider When Making a Rental Agreement in Turkey

Foreigners renting a residence or workplace in Turkey are subject to the same basic rental law rules as Turkish citizens. However, for foreign tenants, it is also important that the contract can be used in residence permit and address registration, that identity information is written correctly and that the authority of the lessor is verified. In connection with this topic Real Estate Law You can also review the content titled.

Before signing the lease agreement, the title deed information of the real estate, rental price, deposit, dues, increase rate and eviction conditions should be clearly determined. If the foreign tenant signs a contract prepared in a language he does not understand without having it translated, it may lead to serious loss of rights. About the relevant aspect of the process Things to Consider in the Title Deed Transfer Process for Foreign Buyers There is detailed information on the page.

The Authority of the Lessor Should Be Checked

It should be investigated whether the person signing the contract is the title deed owner of the real estate or the representative authorized by the owner. The title deed or current title deed registration should be compared with the identity information of the lessor. Is It Possible for Foreigners to Buy Land or Land in Turkey? its content explains other legal points related to this stage.

If the lease is made through a proxy, the power of attorney must include the authority to lease the immovable property and sign a lease agreement. The fact that the real estate consultant only has the key or shows the house does not indicate that he has the authority to rent it out alone.

What Information Should Be Included in the Lease Agreement?

Foreign Tenant Should Review the Contract in the Language He Understands

It is possible to draw up the lease agreement in Turkish. However, if the foreign tenant does not speak Turkish, it is useful to explain the contract by a reliable translator or to prepare it bilingual.

In case of differences between the texts in bilingual contracts, it should be specified in which language the text will be taken as basis. The tenant should not sign blank fields, dates that can be filled in later, or additional documents whose content they do not understand.

What is the Maximum Deposit?

For residential and roofed workplace rents, the deposit cannot exceed three months' rent. It should be clearly written in the contract when and under what terms the deposit will be returned.

If it is decided to give money as security, the law stipulates that the money must be deposited into a bank account that cannot be withdrawn without the consent of the lessor. If the deposit is to be given by hand, a written and signed delivery document must be obtained.

Wear and tear caused by normal use is not the same as damages caused by the tenant's fault. Preparing photos, videos and delivery reports when the house is picked up and unloaded reduces deposit disputes.

How Should Rent Payments Be Made?

Rent fees must be paid through the bank or postal administration. In the description section of the bank transfer, the address of the real estate, the relevant month and the phrase "rental price" should be written.

It is risky to send the rental fee to the real estate consultant or to the account of a third party who is not related to the real estate. If payment is to be made to a different account, the written instruction of the lessor must be obtained.

How is the Rent Increase Rate Determined?

The increase in renewed residential and roofed workplace lease agreements cannot exceed the rate of change in the consumer price index of the previous rental year according to the twelve-month averages. The fact that a higher rate is written in the contract does not make the part above the legal limit valid.

In contracts for more than five years or renewed after five years, it is possible to file a rent determination lawsuit by taking into account the precedent rents, the condition of the real estate and equity.

Dues and Ancillary Expenses Should Be Clearly Determined

Electricity, water, natural gas, internet and ordinary dues related to usage are usually covered by the tenant. However, it should be evaluated separately whether the owner's expenses related to the main structure of the building, the roof, the exterior or major renovations can be charged to the tenant.

Before the contract, the tenant should learn the current dues amount from the site management and check whether there are any past debts.

Attention should be paid to the eviction undertaking

An eviction undertaking is a document in which the tenant agrees in writing that he will vacate the immovable property on a certain date. Based on a valid eviction commitment, the lessor may initiate enforcement proceedings or eviction proceedings within the legal period from the specified date.

The undertaking must be issued after the delivery of the immovable. The foreign tenant should be careful about documents with blank dates, undisclosed content, or compulsory signing at the same time as the lease agreement.

Can the Tenant Be Evicted Immediately After the Contract Period Expires?

The expiration of the fixed-term housing lease agreement does not give the lessor the right to automatic eviction. If the tenant does not notify that he will leave at least 15 days before the end of the contract, the contract will be extended for one year with the same conditions.

Lessor; Unless there is a need, reconstruction, valid eviction commitment, rent debt or any other reason specified in the law, the tenant cannot be evicted based solely on the expiration of the contract period.

Does a Rental Agreement Provide a Residence Permit?

The lease agreement does not automatically give the foreigner a residence permit. The contract can only be one of the documents showing the address where the foreigner will stay in Turkey.

A notarized copy of the lease agreement containing the lessor's information may be requested in the residence permit application. For this reason, the address, independent section, owner and tenant information must be complete in the contract to be used for residence purposes.

Before signing the rental agreement, it should be checked from the relevant authority whether the address is usable in terms of the foreigners' address registration and the type of residence permit to be applied for. Also Legal Rights of Foreigners Buying a House in Turkey should be evaluated together with the concrete case.

A Report Should Be Prepared When Receiving the House

When the tenant takes delivery of the immovable property, the existing damages, meter values, number of keys and fixtures must be recorded in a written delivery report.

• Existing damages to walls, floors and doors,
• Electricity, water and natural gas meter values,
• Working status of furniture and white goods,
• Supplied keys and controls,
• Deposit and upfront rent payments.

The report must be signed by the parties and, if possible, supported by dated photographs.

Mistakes Foreign Tenants Should Avoid

• Making payments without checking the title deed owner or the authority to lease,
• Signing a contract in Turkish without understanding its content,
• To hand over the rent and deposit without documents,
• To sign a blank eviction undertaking,
• Not investigating dues and subscription debts,
• To think that the rental agreement guarantees a residence permit,
• Not documenting the current status of the immovable with the delivery report.

Frequently Asked Questions

Can foreigners make a rental agreement in Turkey?

Yes. Foreign persons can rent a residence or workplace in Turkey. Valid passport or foreign identification information must be written correctly in the contract.

Is it mandatory for the rental agreement to be notarized?

Notarization is generally not mandatory for the validity of the lease agreement. However, a notarized copy of the contract may be requested for residence permit and some address transactions.

Can the landlord ask for a deposit more than three months' rent?

The security deposit for residential and roofed workplace leases cannot exceed three months' rent.

Can the rent be paid in cash?

Rent collections and payments must be documented through the bank or postal administration. The relevant month and real estate address must be specified in the payment description.

Does the foreign tenant have to leave when the one-year contract ends?

If the tenant does not give an exit notice at least 15 days before the end of the period, the contract is extended for one year as a rule.

Does the lease agreement give a residence permit to the foreigner?

The contract can be a document proving the address, but a separate application must be made for a residence permit and other conditions must be met.

When should the eviction undertaking be signed?

The eviction commitment must be issued after the delivery of the leased property and in a way that includes a certain eviction date. Blank or unclear documents pose a serious risk.

Legal information: This content has been prepared for general information purposes. Different rules may apply depending on whether the lease agreement is for the purpose of residence, workplace, short-term rental or residence permit. Before the contract is signed and the payment is made, a case-specific legal examination should be carried out.