Tenant and Landlord Rights (2025 Updated Guide)
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Tenant and Landlord Rights (2025 Updated Guide) |
Keywords:
tenant rights 2025, landlord rights, rental contract, eviction process,
eviction protection, Turkish Code of Obligations, residential rental law
Introduction:
Why Are Rental Relationships Important?
In Turkey, millions of people are either tenants
or landlords. Due to rising property prices, increasing rents, limited housing
supply, and changing regulations, tenant-landlord relations have become even
more sensitive in 2025. This guide outlines the rights, responsibilities, and
legal considerations that both parties should be aware of.
What Are
the Rights of Tenants?
Tenants are protected by various legal rights
under the Turkish Code of Obligations. Here are the most important ones:
1. Safe and Habitable Housing
Tenants have the right to expect a livable,
safe, and healthy home. If the rented property has serious deficiencies or
poses health risks, the landlord is obligated to make the necessary repairs.
2. No Unauthorized Entry
The landlord cannot enter the rented property
without the tenant’s permission. Visits must be scheduled in advance and at a
reasonable time.
3. Rent Increase Cap (2025)
As of 2025, a temporary legal measure limits
annual rent increases to a maximum of 25%,
regardless of the Consumer Price Index (CPI). This cap applies even if the
rental agreement states otherwise.
4. Eviction Protection (Court Order Required)
A tenant cannot be evicted without a valid
legal reason. The landlord must obtain a court order to demand eviction. Unless
there is a notarized eviction undertaking, a landlord cannot simply ask the
tenant to vacate.
5. Legal Repair Requests
Tenants have the right to request repairs for
damages in the property. This is especially important for key fixtures and
systems such as heating units, sinks, and electrical systems.
What
Are the Rights of Landlords?
Landlords also have rights under the Turkish
Code of Obligations in relation to tenants:
1. Timely Payment of Rent
Landlords are entitled to receive rent
payments on the due date specified in the contract. If the tenant fails to pay,
the landlord can issue two formal warnings and then file for eviction.
2. Legal Grounds for Eviction
Landlords may request eviction under certain
conditions:
·
If the landlord or their first-degree relative
needs the property for personal use
·
If the tenant does not comply with a notarized
eviction undertaking within 30 days
·
If the tenant receives two justified warnings
for non-payment
·
If the property requires major renovation or
reconstruction
·
If the property is sold and the new owner
intends to reside in it
3. Preventing Improper Use of Property
If the tenant uses the property for purposes
not stated in the contract (e.g., using a residential unit as an office), the
landlord has the right to terminate the contract.
Mutual
Obligations in the Rental Agreement
Party |
Responsibilities |
Tenant |
Pay rent on time, avoid damaging the property, cover minor
maintenance expenses |
Landlord |
Ensure the property is habitable, fix key equipment and
systems |
Both |
Adhere to contract terms, make changes in writing |
Example
Scenarios and Legal Interpretations
Example
1: The landlord wants to raise the rent by 60%. Is this legal?
No. As of 2025, residential rent
increases are legally capped at 25%,
even if the lease has expired.
Example
2: The tenant hasn’t paid rent for 2 months. Can the landlord evict
them immediately?
No. The landlord must first send
a formal written notice. If two valid warnings are issued within a year, legal
eviction proceedings can begin.
Example
3: The tenant sublets the property without consent. What happens?
If this violates the lease terms, the landlord can terminate the contract on
just grounds.
5 Key
Legal Updates in 2025 to Be Aware Of
1.
Mandatory Rental
Declaration via E-Government: Both tenants and landlords are now
legally required to declare rental contracts through the government portal.
2.
Stricter Tax
Inspections: Penalties are imposed on undeclared rental income.
3.
Notarized
Eviction Undertaking Is Mandatory: Verbal agreements are no longer
valid.
4.
The 25% Cap
Applies Instead of CPI: CPI-based hikes are invalid if they exceed the
cap.
5.
Automatic
Increases on Renewed Contracts May Be Invalid: Annual automatic hikes
may not be legally enforceable.
What to
Do in Case of Tenant-Landlord Disputes?
·
Try
Mediation First: Since 2023, mediation is legally required before
litigation in rental disputes.
·
Consult a
Legal Expert: Always seek advice from a professional lawyer before
filing a lawsuit.
·
Keep
Written Records: Maintain all communications in writing and store them
securely.
Conclusion
Tenant and landlord rights are essential for a
fair and lawful housing environment. Respecting each other’s rights, drafting
written contracts, and seeking expert legal advice when necessary are key to
maintaining healthy rental relationships.
Legal
Disclaimer
The information presented in this content
(e-book, website, blog post, guide, etc.) is intended for general informational
purposes only. The opinions, suggestions, explanations, and comments herein do
not constitute legal, financial, medical, or professional advice.
Users apply the information at their own
discretion and risk. Every situation is unique; therefore, the information
provided is not sufficient on its own for personal or business decisions.
Please consult a qualified professional before making any important decisions.
While efforts have been made to ensure
accuracy and relevance, errors or omissions may exist. The author(s) and
publisher(s) are not liable for any direct or indirect loss, damage, or
liability arising from the use of this content.
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