Rental Agreements: Rights and Responsibilities of Foreign Tenants in Turkey

It should be first noted that under Turkish Law, there is no special or different status for foreigners regarding rental agreements. They just need to pay attention to certain matters since they are in a country of which they are not citizens.

Legal issues encountered during property rentals by foreign nationals who choose to reside within the borders of the Republic of Turkey and the management of this process are shaped within the framework of the Turkish Code of Obligations and related secondary legislation. In this context, the discipline of foreigner’s law serves as a guide in comprehending and protecting the rights and obligations of foreign tenants in Turkey.

Fundamental Principles of Rental Agreements: Every rental agreement is a legal consensus that establishes the mutual rights and obligations of the parties. For foreign tenants, these contracts should be regulated not only by the Code of Obligations but also in the light of the established customs and traditions in the country.

Preparation Process of the Agreement: During the preparation phase of the contract, it is significant for foreign tenants and property owners to seek legal support, especially due to the increase in rental disputes in recent years.

Rental Price, Deposit, and Additional Expenses: The determination of the rental price must comply with regulations that require payments made in foreign currency to be calculated based on the effective selling rate of the Central Bank of Turkey on the relevant day. However, many conditions can be agreed upon differently if there is mutual consent between the parties.

Operation of the Rental Agreement and Responsibilities of the Parties: In return for the right of use, the responsibilities for maintenance and repair of the rented property generally belong to the property owner. However, the tenant may be liable for defects arising from their use.

Amendments and Extensions to the Agreement: Any changes to the agreement can be enacted through an additional protocol made jointly by the parties. Requests for the extension of the contract’s duration should be made considering the legal time frames.

Disputes and Resolution: For the resolution of disputes, parties are encouraged to first reach an agreement voluntarily. In this regard, mediation is a practical and effective solution for foreign tenants as well. As of September 1, 2023, a mandatory mediation system has been implemented for most rental disputes.

Termination of the Rental Agreement: Upon termination of the rental agreement, the foreign tenant must leave the residence address in Turkey and vacate the rented property, following the procedures for the refund of the deposit and termination of other obligations as per the relevant legislation. However, in most cases, the rental agreement does not end by itself. In this situation, the declaration of intent by the tenant is important. Often, the property owner cannot terminate the rental agreement.

Support and Consulting Services in Foreigners Law: Foreign tenants may benefit from guidance services provided by attorneys and consultants who are experts in rental law for legal issues they may encounter concerning rental agreements.