It is in the interest of both tenants and building owners to protect the rights of tenants during the urban transformation process. In accordance with the urban transformation law and regulations, tenants have the right to object to risky building detection, demolition and eviction procedures, to receive rental support, and to have priority right to re-lease. In order to exercise these rights, tenants should carefully review and keep their lease agreements, risky building detection reports, demolition and eviction notifications, rental support applications and urban transformation agreements. In addition, it is important for tenants to be in contact with building owners during the urban transformation process, to defend their rights and to take legal action in case of disputes. Protecting tenants' rights in urban transformation will contribute to both accelerating urban transformation and preventing the victimization of tenants.
The Role of the Tenant in Urban Transformation
Urban transformation in Turkey primarily concerns building owners. However, tenants, who have the right to use and benefit from the buildings, are also affected by this process. Understanding the role of tenants, their rights and their impact on lease agreements is crucial for those residing in buildings subject to urban transformation.
The role of the tenant in the risky building identification process can be summarized as follows:
- When tenants live in buildings that they believe to be risky, they can notify the ministry or the administration and request that a risky building assessment be initiated.
- Unfortunately, tenants do not have the right to object to the risky building assessment report; the objection period against the risky building assessment report must be made by the owners of the dwelling and is 30 days from the date of notification of the report.
- Tenants can receive rental assistance if they are evicted after the risky building detection. Rental assistance is based on the monthly rental assistance amount determined for the owners in the province where the building is located, and two months of rental assistance is paid at once.
- Tenants have a priority right to rent the risky building after it has been demolished and reconstructed.
Let us now briefly examine the details of these headings;
Tenant's Authority in Risky Building Assessment
Tenants cannot directly initiate risky building assessments, as set out in Law 6303 and its Implementing Regulation. However, tenants living in buildings believed to be risky can mobilize the relevant authorities by notifying the ministry and the administration for appropriate assessment.
Tenant's Right of Objection: Demolition Procedures
The Law gives building owners the right to object to risky building assessments within fifteen days. However, this right is not granted to tenants. At the end of this period, the relevant administration initiates demolition proceedings. Tenants are notified to evacuate within sixty days, or if the owner fails to do so, a notice is served by the administration.
Legal remedies for tenants: Annulment of Demolition Decisions
Although the law does not explicitly grant tenants the right to appeal within the fifteen-day period, a Council of State Chamber decision established the right of tenants to file a lawsuit against demolition and eviction decisions due to violation of their interests. Tenants may appeal against these decisions before the relevant administrative court within thirty days from the date of notification.
Lease Agreement in Urban Transformation
The fate of lease agreements during urban transformation is not directly addressed in the Turkish Code of Obligations. However, Law No. 6303 regulates eviction in this process. When the lease agreement expires due to transformation, tenants evicted due to reconstruction have the priority right to rent after the building is reconstructed. In addition, during the urban transformation process, rental support is usually provided to building owners, while tenants can be provided with a one-off 2-month rental support.
You can consult the lawyers of Fidelis Law and Consultancy Office for legal advice specific to your situation within the scope of urban transformation and tenants' rights. Fidelis Law Office specializes in tenants' rights in the urban transformation process and offers comprehensive support. It provides consultancy on issues such as tenants' rights in urban transformation, tenant eviction, risky building determination and urban transformation applications, and provides support against the risky building determination process of the Ministry of Environment and Urbanization. Focusing on protecting the legal rights of tenants in line with the urban transformation law and current legal regulations on tenants' rights, Fidelis Attorneyship and Law provides guidance to tenants during the urban transformation process and provides support on issues such as urban transformation contract and rent determination. Fidelis Law Office offers the best solutions to protect the legal rights of tenants in urban transformation.
Source: hukukihaber.net
