Matters to Consider in Making Rental Agreement

The foreign persons who have obtained residence permit have freedom of renting a house.

Making rental agreement in line with legal rules is crucial for foreigners in terms of hindering emergence of any legal problem while rental contract (rental agreement) is executed. Rental agreement is a written document formalizing that landlord leaves its house to use of lessee and lessee utilized this house by paying rental. Rental agreement serves as security measure against the problems which may come into question between lessee and landlord of immovable.

Items to be found compulsorily in Rental Agreement

The following information has to be included in the rental agreement to be made foreign lessee and landlord:

  • Apartment number
  • The neighbourhood in which house is located
  • The Street and avenue where house is situated
  • Type of rented property
  • Name and surname of landlord
  • T.R. identity number of landlord
  • Address of landlord
  • Name surname of lessee
  • T.R. identity number of lessee

(out of the institutions entitled to issue “Work Permit Exemption Certification Certificate” which substitutes residence permit and is utilized to deliver work permit, the foreigners who apply to Ministry of Labour and Social Security, Ministry of Economy, Ministry of Culture and Tourism, YÖK Presidency may get the identity number special to foreigners if their records are sent electronically to General Directorate of Population and Citizenship Affairs)

  • Address of lessee
  • Starting date of rental agreement
  • Agreement period
  • Monthly rental
  • Annual rental
  • Payment type of rental
  • Usage objective of property
  • Condition of property
  • Fixtures to be delivered along with chartered

General Conditions to be included in Rental Agreement

The following articles which protect rights of both parties too should be present in rental agreement:

 

  • Lessee should use property it hires with care.
  • Lessee should act in goodwill rules against the persons who reside close to property it rents and its neighbours.
  • Lessee cannot rent, assign the property it leases to third parties.
  • Except for written consent of landlord, lessee cannot make any alteration at property. For the actions like repair, maintenance, renewal, etc., it has to take permit of landlord.
  • In the event that no agreement is extended after expiration of rental agreement, lessee is obliged to hand over property to landlord as it has received. In case of presence of any damage or missing in fixtures present in house while renting property, payment of this damage to property owner is inevitable.
  • In case that house is put up for sale or leased out following end of rental agreement, lessee has to give permission for touring and examining house.
  • When lessee is to install equipment for house such as central heating boiler, heater core, satellite, steel door, floorboard, etc. it has to take written consent of landlord.
  • In cases requiring evacuation of rented house, if lessee fails to evacuate house in specified time, it becomes responsible for material damage to take place.
  • If condition for deposit exists in rental agreement, find out what for you give deposit. pay attention presence of updated conditions of current fixtures of house in rental agreement. The basic rule to take deposit back by you is the difference between condition of fixtures in time of making rental agreement and their condition in leaving house.

How is rent increase made?

Foreign persons have right to object and file a claim in case foreign currency rises extremely in value against Turkish Liras in regard to the rental agreements made in foreign currency.

If it is agreed in foreign currency, no rent increase can be realized during 5 years. Rent increase can be made only after end of 5 years.

If landlord and lessee have agreed over Turkish Lira in rental agreement, rent increase is made 1 year after date of agreement. If new rental agreement is made on March 2 2018, rent increase can only happen on March 2 2019.

In this case, rent increase is made at annual average ratio of Domestic Producer Price Index (Yİ-ÜFE) revealed each month by Turkish Statistic Institution. Rent increase cannot be made higher than this ratio.

To set an example, let us assume monthly rental is determined 1000 Liras. At the end of 1 year period, if annual Yİ-ÜFE average is at 7.8 ratio, new rental may be maximum 1078 Liras.

Leave a Reply