This will be the final part of this series on rental agreements. I will check all questions and recent legislation and update this series every year since this is a very common matter for almost all expats who are either tenants or landlords.Notifications
Notifications regarding rental agreements are generally made through a notary public. This is not a general form requirement, but using a notary public is preferred.
In some cases, sending notifications through a notary public is a form requirement regardless of whether the rental agreement is a written agreement or not. In the event a tenant is making rental payments later than the agreed date of payment or if there is no payment, the landlord should notify the tenant through a notary public. The notification should refer to the payment date and proof of the late payment.
Addresses for notification
The addresses in an agreement are always important so the parties to the agreement know each other’s addresses. During the term of the rental agreement, the address is the premises. The address of the tenant may be more important since the tenant may be subject to a notice (for instance for not paying for repairs that were made after the premises were vacated) after the agreement is terminated. In such cases, it might be a good idea to write down a second address that one can use after the termination of the agreement. This will help you avoid a large bill from a lawyer several years after the termination of the agreement.
Termination
The parties can terminate the agreement according to the termination clause. This clause is usually in favor of the landlord. However, Turkish law provides a special way for the landlord to ask the tenant to vacate a rented premises.
When you terminate a contract, make sure that you have really terminated it. This means that you should have written proof of termination.
Declaration for vacating
Most landlords will expect the tenant to sign a declaration that the tenant will leave the premises at the end of the term. This declaration is actually not really binding under Turkish law if it is signed only by the parties but without any official authority’s participation. Such a declaration is only valid if it is signed before a notary public on a later date, after the rental agreement is signed.
There are various precedents from the Turkish high court stating that such a declaration that is signed at the same time of entering into a rental agreement should not be valid. The reason that this declaration can be invalid is granted by Turkish law on the basis of balancing the parties’ power. When signing a rental agreement, the tenant is deemed to be the weaker party. Turkish law automatically protects tenants’ rights since the tenant may be under the pressure of the landlord. Usually the tenants are ready to accept various conditions required by the landlord that they would not accept under normal circumstances.
There are several other matters to write about concerning rental agreements such as the power of signature. Make sure that you are signing the contract with the correct person.
I am planning to write a more comprehensive article later next year.
Finally, I strongly recommend that you consult a lawyer when signing a rental agreement or any declaration that may contain hidden clauses that could put you in trouble in the future.
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.
