What are your legal rights in house/flat for rent advertisements?
For individuals looking for a house or apartment for rent, advertisements are the first step and the most important source of information. However, in this process, prospective tenants legal rights It is of great importance for them to know, both to be protected from frauds and to conclude a fair lease agreement. In Turkey, the tenant-landlord relationship is largely Turkish Code of Obligations No. 6098 provisions are regulated within the framework of the provisions of the Law.
Right to Publicity and Information Transparency
In a rental advertisement, the prospective tenant's right to receive accurate and complete information is essential.
- Realistic Ad Content: The advertisement must accurately reflect the actual condition of the property to be rented (number of rooms, square meters, location, condition of furniture, etc.). Misleading photographs and descriptions may be considered as an action intended to mislead the prospective tenant.
- Verification of Authorization: Especially in the advertisements given by real estate offices, the person or company Regulation on Real Estate Trade within the scope of authorization certificate you have the right to check whether the owner has permission to advertise. As of January 1, 2023, real estate businesses are required to obtain and verify the owner's permission to advertise. Unauthorized listings risk administrative fines and this is intended to increase the credibility of listings.
- Disclosure of Hidden Defects: The lessor (owner or authorized real estate agent) is obliged to clearly inform the prospective tenant of any known major defects (water leaks, heating problems, structural problems, etc.).
Pre-Contractual Guarantees and Deposit Right
Legal rights also come into play regarding the guarantees and deposits requested before the rental process.
- Deposit and Prepayment: It should be clarified under what conditions the deposit or prepayment given as a goodwill gesture in the case of an advertised agreement will be returned/retained in the event of no contract. Legally, a prospective tenant may request the return of the deposit if the prospective tenant refuses to enter into a contract for a justifiable reason (e.g. the advertised qualifications are different).
- Deposit (Security Deposit): According to the Code of Obligations, the lessor may charge the lessee at most three months' rent may request a deposit (assurance fee) in the amount of.
- Storage Method: In case of a cash deposit, the lessee may deposit the deposit in a bank, provided that this amount is not withdrawn without the consent of the lessor. time/demand savings account to request the deposit.
- Returns: After the tenant has vacated the dwelling, without prejudice to the right of the lessor to claim for rent arrears and damages to the dwelling (excluding wear and tear caused by ordinary use), the deposit Immediately must be returned.
Lease Agreement and Post Lease Rights
The rental contract to be signed after seeing the rental advertisement and agreeing is the concrete assurance of your rights.
- Obligation to Contract: Although a written contract is not required for the validity of the lease relationship, it is vital to have a written contract for ease of proof and protection of rights.
- Rent Increase Rate: Even if an increase rate is set in the lease agreements, this rate is determined by the Consumer Price Index (CPI). rate of change compared to twelve-month averages geçemez. Konut kiralarında bu oran, belirli dönemlerde devlet tarafından ek düzenlemelerle sınırlanabilir (örn. %25 kira artış sınırı).
- Eviction of the Tenant: The tenant cannot be arbitrarily evicted before the expiration of the contract period. The lessor's right of eviction may be exercised under the Code of Obligations (such as necessity, reconstruction, tenant's obligation). limited and specific reasons has to be based on.
- Lessor's Obligation to Repair Defects: The basic obligation of the lessor is to deliver the leased dwelling in a condition in accordance with the contract and to keep it in this condition throughout the lease term. The lessee may request the elimination of significant defects that subsequently appear in the dwelling.
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