Expats living in Turkey may have also realized this. I have been receiving e-mails asking questions about tenant-landlord problems and other rental matters.One of these e-mails briefly reads as follows: “Dear Berk, I have an investment property in Turkey and I rented my house out for a year; the rental amount is relatively low when compared to summer season prices. My neighbors have informed me that my tenant has moved out for the summer season and has rented the house to a family for three months. I have learned that the family has paid a rent which exceeds the rent I have been receiving for the whole year. What can I do about this? Are there any laws allowing tenants to assign or sublease without the landlord’s consent? What is the procedure for eviction? How long does it take to get the tenant out of the house and how much would it cost?”
I understand that you did not make a rental agreement. If you had done so, the agreement would include a clause which prohibits the tenant to sublet the property to another person without the written consent of the landlord.
As per the Law on Real Property Leases (Law No. 6570), real properties such as hotels, boarding houses, dormitories, etc., which have to be leased in accordance with the proper use of the property, might be assigned or subleased by tenants without the landlord’s consent provided that the whole real property is not leased. Actually this is the whole point of the business. The person running the hotel is supposed to rent it out. Under the Law on Real Property Leases (Law No. 6570), other than the exception mentioned above, tenants are not allowed wholly or partly to assign or sublease the real property unless otherwise stated in the lease agreement. However, if you don’t have a rental agreement in written form, the tenant may argue that a verbal agreement allows him to sublease the property.
Eviction process
Under Turkish law, landlords may not terminate the lease agreement and evict the tenant without relying on a legitimate and just cause by law. The main causes for eviction specified in the law are as follows: If a landlord or his family (for instance his son or daughter) is in need of the premises as a residence or as a workplace; or if the tenant is in default and has not paid the rent properly and the landlord has notified the tenant twice in a year for failing to pay the rent on time. As I mentioned, these are only some examples, and there are other reasons why a landlord can start the eviction process. In your case, subleasing the property without the consent of the landlord should constitute a major breach of the rental agreement and thus you should be able to start legal action for eviction. It usually takes some time to get the tenant out of a property. I would say, depending on the tenant’s defense, this should take between four and 18 months.
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 column.
