RIGHTS AND OBLIGATIONS IN HOUSING RENTAL PROCESS

Esra Nur Duman

Lawyer

What are the rights of the Tenant?

The tenant is the legal process that has the capacity to act. One of the parties to the lease agreement is the lessor and the other is the tenant, and many tenant rights are granted to the tenant in the lease agreement.

Tenant rights can be listed as follows:

- The right to demand that the use or utilization of the leased property be left to him.

- The right to receive the leased property on the agreed date, in a condition suitable for the intended use in the contract.

- The right to request from the lessor to ensure that the immovable remains as it was rented throughout the lease agreement.

- Unless otherwise agreed, the lessor's right to demand the fulfillment of compulsory insurance, tax and similar obligations

- The right to demand rectification of the defect

- The right not to be removed from the leased property as long as the contract continues without a justified reason before the contract period expires.

- The right to transfer or sub-lease the leased immovable, provided that the written consent of the lessor is obtained.

- The right to withdraw the deposit in case the rented immovable is returned with the same properties as when it was rented.

- The right to demand that the ancillary expenses related to use be covered by the lessor

- The right to prevent the conclusion of an agreement with a penal clause for late paid rent

- The right to terminate the contract in the event that the usability of the leased property is lost, significantly hindered and these are not remedied within the given period.

- Prohibition of arrangement against the tenant in the lease agreement

What are the Tenant's Responsibilities?

-Paying the rent on time: It is the most important responsibility of the tenant. If the rent is delayed for two months in the same year, the landlord can evict the tenant from the house with an eviction lawsuit.

- Not to damage the property: Another responsibility of the tenant is not to damage the property. The tenant should not harm the rented property and should use the leased property with care. However, the tenant is not responsible for the usual wear and tear.

Tenant's responsibilities are not limited to these. The tenant has many responsibilities arising from the law and the contract. 

Where are the lawsuits arising from the rental agreement handled?

Provided that it arises from the lease agreement, the "Duty Court is the Civil Court of Peace" in terms of all kinds of eviction lawsuits, determination of the rental price or other determination lawsuits, lawsuits arising from the termination of the agreement, compensation or claims arising from the contract and lawsuits arising from the rights of the tenant.

In cases arising from the rental agreement, the competent court is the court of the settlement of the tenant who has the rights of the tenant and the court of the place where the rental agreement will be executed.

Does a Tenant Without a Lease Contract Have Rights?

The lease agreement is not a formal contract.

Therefore, it is sufficient that the declarations of will of the parties in terms of the leased property, the transfer period of the leased property and the rental price are in agreement, and there is no obligation to make a written contract in terms of the rights of the tenant.

For this reasons, the rights of the tenant who does not have a lease contract are also protected in our law.

However, having a written lease agreement is important for ease of proof.

In case of any dispute between the lessor and the tenant, the existence of a written contract is important in terms of proving the terms agreed by the parties.

What are the Tenant's Obligations?

After the lease agreement is established between the lessor and the lessee, various responsibilities of the parties arise. If the tenant does not comply with these responsibilities, the lessor may give notice to the tenant or this process may lead to the eviction of the tenant from the leased property.

The tenant's obligations can be listed as follows:

- The most basic obligation of the tenant is to pay the rent on the specified date in accordance with the rental agreement. If there is no specified date in the rental agreement, the rent must be paid at the end of the month.

- If the lessee is going to make changes in the structure of the leased property, he must obtain written permission from the lessor.

- The tenant is obliged to use the leased property with care in accordance with the contract and to show the necessary respect to the residents and neighbors of the property where the leased property is located.

- The lessee is obliged to pay the necessary cleaning and maintenance expenses for the regular use of the leased property.

 

In the event that the lessee does not fulfill his/her obligations arising from the lease agreement in accordance with the Turkish Code of Obligations, the lessor may apply to the necessary legal remedies.