Property Rental Law


Property Rental Law

The rental law, which is known to be dealt with within the scope of property law, is a branch of law that can be applied to solve disputes between tenants and landlords. It is possible to say that this branch of law enables the fulfillment of duties and commitments and in this context, it steps in and puts forward regulations in cases where the landlords and tenants are in conflict with each other. On the other hand, landlords and tenants, can seek their rights in the Court of Peace and, where appropriate, the Enforcement Court.

Rental Agreement

Within the scope of our Rental Law Attorney service, it is possible to say that both the tenant and the landlord make a mutual rental agreement to guarantee their rights. The elements to be considered while making a rental agreement and the details about these elements are as follows.

The first rule in lawsuits filed due to the rental agreement is as follows; The rent must be proven in accordance with Article 200 of the Civil Courts Act (HMK). In other words, the existence of a rental relationship and the existence of this rent is a condition that must be proven.

In lawsuits filed within the scope of our Rental Law Attorney service arising from rental agreements, tenant will be the both plaintiff or the defendant. In order to ensure the healthy progress of the court proceedings, the tenant or the attorney of the tenant must attend the hearings. In the event that the tenant does not attend the hearings, as stated in Article 171 of the Law on Civil Courts, an arraignment should be sent and the rental relationship should be clarified in this context.

The tenant is not required to be an owner. The rental agreement is of a private nature and creates a mutual debt between the parties. It is a natural consequence that the tenant does not have to be the owner.

Within the scope of our rental agreement and Istanbul Rental Law Attorney service, the duty to deal with the cases related to the movable or immovable property subject to the agreement is the Civil Courts of Peace in accordance with the expression in Article 4 of the Law of Civil Courts..

The death of the lessor or tenant is not the result of the rental termination. In other words, it should be known that the rental agreement will not expire in line with our Rental Law Attorney service in the event of the death of the lessor or tenant. Because in case of death, the right to rent passes to the heirs of the lessor or the tenant. If the lessor has more than one heir, eviction cases must be filed by all heirs. This is a result of compulsory litigation between heirs. Likewise, making a timely notice regarding the eviction process is a situation that can be done by the heirs. So the notice should be sent to all heirs. If the tenant has more than one heir, all heirs of the tenant must be specified as a party to possible lawsuits. It would be beneficial to keep in mind that a deficiency in this matter cannot be eliminated during the trial process.

As we mentioned above within the scope of our Rental Law Attorney service, it is not obligatory for the tenant to be the owner. In cases where the tenant is not the owner, it is possible to file a direct eviction lawsuit due to fundamental zoning or need. However, in order to be able to file an eviction action due to two justified warnings or default, a warning must have been issued in order to demand payment of the rental fee.

In the event of more than one tenant, a commitment by one person to evacuate is not valid. Because again, there is a compulsory fellowship between these people.

The period to be given to the tenant for eviction through a notice is at least 30 days from the date of notification in case of roofed workplace or house rents. It is beneficial to give the tenant time in this context.

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Rent Determination Cases

Within the scope of our Rental Law Attorney service, it is possible to say that; fairness and legal rules should not be ignored while determining the rent. Although these two factors are taken into consideration, the existing rent eviction cases with the aim of eliminating the problems that may arise, and the details regarding these lawsuits are as follows. The rent determination lawsuit is a type of lawsuit that deals with the determination of a new rental value, taking the characteristics such as environmental precedents and  location into account in the rent determination lawsuits opened after the 5th year, even if there is a provision for an increase in the rental agreement. We carry out all this process with our Rental Law Attorney and Istanbul Rental Law service.

Rent Eviction Cases

There are more than one reasons for applying to a rent eviction case. It is possible to say that the laws are in place to eliminate the problems that may arise between the tenant and the landlord. In this context, the reasons for the tenant eviction case and the details regarding these reasons are as follows;

In the rental agreement prepared through our Rental Law Attorney and Istanbul Rental Law service, if the tenant is committed to leave the house after a certain period of time, the tenant must vacant the house when the time comes. If the tenant fails to vacate the house on the promised date, the landlord can file a rental evacuation case within 1 month from the commitment date.

If the landlord or his spouse, known to live together, has a house suitable for living in the immediate vicinity (in the same district) and if the owner does not know this at the time they have rented the property, and signed a rental agreement, he can file an eviction case within 1 month after the expiry of the date specified in the agreement.

Another information we can provide within the scope of our Rental Law Attorney service is; If the tenant’s agreement is for less than one year and the tenant has received two justifiable warnings for not paying the rent within this period, the landlord can file a lawsuit for eviction within 1 month from the end of the lease term. If the tenant’s agreement is for one year or more and the tenant receives 2 warnings, either within a rental year or within more than a rental year, the landlord can file a lawsuit for eviction within 1 month from the lease year on which two justified notices were made. However, due to our Rental Law Attorney service, there are important points to mention here. The rental term does not have to expire in order for the landlord to file a lawsuit. It is possible to file a lawsuit as of the year when two justified warnings are completed.

Adaptation Case Under Rental Agreement

In order for the provisions of TCO Art.138 to be implemented, that is, to be able to file an adaptation lawsuit, first of all, the agreement must be drafted in a valid manner.

After the execution of the agreement, the occurrence of “extraordinary” events that cannot be predicted, considered or predicted by any of the parties,

The new conditions that emerged as a result of unforeseen circumstances made the performance of the act difficult and the debtor did not have any fault in this case,

The debtor’s fulfillment of the action without reserving its rights or not at all

There is an obligation to make an adaptation case within the scope of the Rental Law Attorney service.

Legal Rights of Lessor in Case of Non-Payment of Rent

The most basic element that allows the tenant to stay in someone else’s property is the payment of rent. It is against the law that a tenant does not pay rent even though he occupies someone else’s property. For this reason, this situation has certain sanctions. The owner of the property has the right to file a lawsuit against the non-payment of the amount decided in the rental agreement. Within the scope of our Rental Law Attorney service, we can state that; If the tenant insists on not paying the rent, it is possible to exercise the right of imprisonment..

Termination Reasons Of The Rental Agreement

There are multiple situations that cause the termination of rental agreement. The general summary of these are as follows;

Upon finding any defect in the house rented by the tenant through the landlord, the tenant requests from the landlord that the defect to be remedied. If the landlord insists on not rectifying the defect, the tenant may terminate the agreement by applying to the court.

If the tenant does not pay the rent even though he occupies the property he is in and receives two justified warnings in this regard, the landlord can apply to the court and demand the implementation of the rental agreement obligations.

The tenant is obliged to use the rented property with care. Upon loss of diligence and damage to the rented property, it is possible for the landlord to request the termination of the rent.

If the tenant who wants the contract to expire within the period specified in the rental agreement, informs the lessor that the contract will not be renewed by observing the periods specified in the contract, the rental relationship is terminated. In indefinite-term rental agreements, the tenant can always, and the lessor may, ten years after the start of the rent, may terminate the contract with a notice of termination according to general provisions.

All of the services we provide in the field of Istanbul Rental Law Attorney and Rental Law Attorney service include both the tenant and the landlord. It is possible for anyone who thinks that their rights have been violated and who have a request to claim what they are entitled to, by contacting us, can request consultancy or attorney service..

In the context of Rental Law, the rights of the landlord who have problems with the tenant and the tenants who have problems with the landlord are also protected by the law. Our duty is to carry out the necessary work to defend and reinstate these rights protected by the law. For this reason, it is possible for you to contact us with the request for termination of the rent or for the evacuation of the rent and you can receive consultancy services in this context. In this context, we do not have any restrictions on Turkish nationals or foreign individuals.

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