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May 25, 2012
 
 
 
 
 
 
Columnists 21 December 2009, Monday 0 0 0 0
BERK ÇEKTİR
b.cektir@todayszaman.com

Rental agreements under Turkish law (2)

In my previous article, I mentioned that it is a good idea to get a separate receipt for the payment of a deposit and that a rental agreement may not be evidence that you have actually paid a deposit.
The wording in the standard agreement only states that “a sum of … TL shall be paid as deposit upon the signing of this agreement.” As you can see, it does not say that the deposit has actually been paid; it refers to a future action which should take place upon signing. This requires the tenant to get a separate receipt for the payment of a deposit or to change the wording of the agreement in line with the payment.

Increase in rent rates

In regard to an increase in rent rates, I will avoid mentioning figures here as some readers will misunderstand and mistakenly take it as a determined constant number. I strongly recommend that you go through a professional -- and if you cannot afford it, to a Turkish friend at least -- and find out the rate of rent increases through the Turkish Statistics Institute (TurkStat).

Language of the agreement

You should not sign an agreement that you do not understand. It will not be clear what has been agreed with the landlord unless you are proficient in speaking and reading Turkish. I would advise you not to enter into contracts written in Turkish unless you have an excellent command of the language or you get assistance from a professional. You should contact a lawyer, or if you cannot afford it, at least consult your real estate agent about the wording of the agreement you are signing. If you have used the services of a real estate agent when renting a house, they should do this inclusive of their services. However, never forget that the real estate agent will be eager to close the deal and may not be too careful about translation. It is solely up to you whether you trust them or not.

Don’t forget that you will be signing a valid and binding contract or agreement even though it is in Turkish. You could try to get the agreement in both languages on the same page which may help you in case of a problem

Bills for utilities

I received a question from a dear reader named John, and it might be a good time to respond to this question now. It reads: “Why is it that the electricity company in Turkey forces the new tenant [or the landlord] to pay the outstanding electric bill of a previous tenant rather than pursuing the actual debtor? This matter has always seemed grossly unjust. Thanks, John.” Dear John, it is unjust, but a fact. The electricity company should get the appropriate security first when the contract commences and should cut off the electricity as soon as possible when bills go unpaid. As far as I know, the utility companies’ new practice is now based on an upfront payment, or in other words, “pay as you go” or “go as you pay.”

It might be a good idea to check if there is any amount due from the former tenant and ask the landlord to clear it before you move into the house.

If you want to register the utilities in your name, you must submit a valid residence permit to the utility company.


NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.

Columnists Previous articles of the columnist
21 December 2009
Rental agreements under Turkish law (2)
16 December 2009
Rental agreements under Turkish law (1)
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