Tenant and Landlord Rights in Lease Law

Importance and Basic Elements of the Lease Agreement

The lease agreement is a critical document that forms the basis of the relationship between the tenant and the owner. This written agreement clearly defines the rights and obligations of the parties. It contains basic elements such as the identity information of the parties, the characteristics of the leased property, the rental price, payment terms and the duration of the lease. The presence of these elements in the contract plays a major role in preventing disputes that may arise in the future.

Basic Rights of the Lessee

Tenant rights are guaranteed by legal regulations. These rights include the basic rights to use the leased property for the purpose specified in the contract, to demand maintenance and repair of the property, to use the property as long as the rent is paid on time, and not to be evicted from the property during the term of the contract. Tenants also have the right to demand that rent increases remain within legal limits.

Basic Rights of the Landlord

Landlords also have certain rights under the lease relationship. These rights include the right to receive the rent on time, to demand proper use of the property, to terminate the contract in certain circumstances, and to inspect the property at regular intervals. Owners also have the right to increase the rent within legal limits.

Determination and Increase of Rental Price

The rental price is determined by mutual agreement of the parties. However, there are legal regulations on rent increases. In Turkey, the rate of rent increase cannot exceed the CPI rate announced by TÜİK. This limitation protects tenants against excessive increases and helps to maintain balance in the rental market.

Grounds for Termination of Lease Agreement and Eviction

Termination of the lease agreement is possible under certain conditions. The owner may request eviction in cases such as non-payment of rent by the tenant, misuse or damage to the property. Termination may also be possible if the owner or his/her relatives need the property or if the property is being reconstructed. The tenant also has the right to terminate the contract if the property is not suitable for health conditions or if the owner does not comply with the terms of the contract.

Tenant’s Responsibilities

The main responsibilities of the tenant include paying the rent on time, using the property with care and not damaging it, taking care of neighborly relations and making minor repairs. Failure to fulfill these responsibilities may constitute grounds for termination of the contract and may result in the tenant facing legal sanctions.

Owner’s Responsibilities

The main responsibilities of the landlord are to deliver the property in the conditions specified in the contract, to maintain and repair the property, to ensure the tenant’s peaceful use of the property and to fulfill obligations such as taxes. The landlord is also obliged to respect the tenant’s private life. In case of violation of these responsibilities, the tenant may take legal action.

Common Problems and Solutions in Lease Law

Common problems in rental relationships include late rent payments, poor maintenance of the property, disputes with neighbors and problems with the return of security deposits. In order to resolve these problems, it is important to first establish communication between the parties. If the problem persists, mediation or court action may be resorted to.

Recent Changes and New Regulations in Lease Law

Rental law is constantly updated according to changing economic and social conditions. Some important changes in recent years include limiting rent increases to the CPI, strengthening the rights of tenants in urban transformation projects and new regulations on short-term rentals. Tenants and landlords should follow these recent changes and exercise their rights accordingly.

Lease law aims to establish a fair balance between the tenant and the landlord. In order to achieve this balance, it is important that the parties read the contract carefully, familiarize themselves with their rights and responsibilities, and keep communication channels open. It is also useful to seek professional legal advice when necessary and to keep abreast of current changes in rental law. Mutual understanding and respect are as important as legal regulations and form the basis of a healthy tenancy relationship.