{"id":39850,"date":"2024-10-16T14:35:46","date_gmt":"2024-10-16T14:35:46","guid":{"rendered":"https:\/\/fidelishukuk.com\/?p=39850"},"modified":"2025-03-11T14:45:17","modified_gmt":"2025-03-11T11:45:17","slug":"kiracinin-haklari","status":"publish","type":"post","link":"https:\/\/fidelishukuk.com\/en\/tenant-rights\/","title":{"rendered":"Tenant Rights"},"content":{"rendered":"<p class=\"translation-block\">Tenant rights encompass the rights of the tenant as a party to the lease agreement, provided that the agreement meets the essential elements of a valid contract between the landlord and the tenant. Lease agreements can be established for movable property, but in this context, we will focus more on immovable property <strong>(real estate used for residential purposes)<\/strong>. Tenant rights arise from the obligations of the landlord, who is the other party to the lease agreement. If the landlord fails to fulfill these obligations, the tenant can demand their rights.<\/p>\n\n\n\n<p>The rights of tenants may vary depending on the signed lease agreement. However, certain provisions originating from the Turkish Code of Obligations (TBK) cannot be waived by the lease agreement. These rights are granted to tenants by law. The following outlines the general rights of tenants:<\/p>\n\n\n\n<p><strong><em>Tenant Rights in General:<\/em><\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The tenant has the right to receive the leased property on the agreed date and in a condition suitable for the intended use.<\/li>\n\n\n\n<li>The tenant has the right to request that the right to use and benefit from the leased property or immovable be granted to them.<\/li>\n\n\n\n<li><strong>If the leased property is an immovable, the tenant has the right to continue using or residing in the property without any valid reason before the lease agreement expires. (The expiration of the lease will be explained in detail.)<\/strong><\/li>\n\n\n\n<li>Unless otherwise stipulated in the lease agreement, the tenant has the right to request the landlord to fulfill obligations such as taxes and mandatory insurance.<\/li>\n\n\n\n<li>The tenant has the right to request the rectification of any defects in the leased property.<\/li>\n\n\n\n<li>In the event the lease agreement ends, the tenant has the right to request the return of the deposit if the property retains its original characteristics at the time of return.<\/li>\n\n\n\n<li>If the leased property no longer serves the intended purpose and the expected benefits cannot be obtained, the tenant has the right to terminate the lease agreement.<\/li>\n<\/ul>\n\n\n\n<p class=\"has-medium-font-size\"><strong>Rights of Tenants Without a Lease Agreement<\/strong><\/p>\n\n\n\n<p>In practice, rental relationships can sometimes be established through a contract and other times verbally or informally. Our legal system does not require any specific formality for the establishment of a lease agreement. This means that a written lease agreement is not necessary for a lease to be valid. However, having a written lease is important for proving certain matters in case of disputes. Therefore, the rights of tenants mentioned above also apply to those without a written lease agreement. Such individuals will also benefit from the rights granted to tenants.<\/p>\n\n\n\n<p>For example, tenants who do not have a written lease but have reached an agreement with the landlord and have regularly paid their rent cannot be evicted solely because there is no written lease. A written lease is not a prerequisite for the existence of a valid agreement, which allows the tenant to enjoy their rights.<\/p>\n\n\n\n<p class=\"has-medium-font-size\"><strong>Does the Lease Renew When the Term Expires?<\/strong><\/p>\n\n\n\n<p>In written lease agreements, the duration of the contract is generally specified. However, this does not accurately reflect the exact end date of the lease and can lead to misunderstandings. The duration specified in lease agreements allows the tenant to terminate the agreement by providing written notice to the landlord 15 days prior to the expiration. For example, if a tenant has a one-year lease and does not wish to extend it, they can notify the landlord in writing 15 days before the end of the one-year term that they will vacate the property and terminate the lease.<\/p>\n\n\n\n<p>The landlord cannot request the tenant to vacate the property when the lease period ends. This misunderstanding often leads to tenant disadvantage and loss of rights.<\/p>\n\n\n\n<p class=\"translation-block\">For example, a tenant with a one-year lease is not obligated to accept requests to vacate the property at the end of the year. The one-year period is not the time required for the landlord to request eviction.<\/p>\n\n\n\n<p>If the landlord wishes to request eviction during this period, they must prove that the conditions for eviction exist in court.<\/p>\n\n\n\n<p class=\"has-medium-font-size\"><strong>What Happens If the Landlord Sells the Property?<\/strong><strong><\/strong><\/p>\n\n\n\n<p>A valid lease agreement does not prevent the sale of the leased property. The change of ownership of the leased property does not invalidate the lease agreement; it simply changes the party on the landlord's side of the agreement. If the new owner intends to evict the tenant, certain conditions must be met, and their existence must be proven in court. We recommend reading our article on \"Eviction for Necessity\" regarding this matter.<\/p>\n\n\n\n<p>If the new owner intends to evict the tenant, they must send a notice regarding the matter within one month from the date of acquisition. After this stage, the tenant is given a period of six months. An eviction lawsuit can be filed after the six-month period has passed. However, the initiation of an eviction lawsuit does not mean that the tenant will necessarily be evicted. It should be noted that certain matters must be established and proven in the eviction lawsuit. For this reason, we recommend seeking professional assistance.<\/p>\n\n\n\n<p><\/p>","protected":false},"excerpt":{"rendered":"<p>Kirac\u0131n\u0131n haklar\u0131, mal sahibi ve kirac\u0131 aras\u0131nda kurulmu\u015f olan kira s\u00f6zle\u015fmesinin kurucu unsurlar\u0131n\u0131 ta\u015f\u0131mas\u0131 durumunda, s\u00f6zle\u015fmenin taraf\u0131 olarak kirac\u0131n\u0131n sahip oldu\u011fu haklar\u0131 ihtiva etmektedir. Kira s\u00f6zle\u015fmesi ta\u015f\u0131n\u0131r mallar \u00fczerine kurulabilece\u011fi gibi bu yaz\u0131m\u0131zda daha \u00e7ok \u00fczerine a\u00e7\u0131klanacak olan ta\u015f\u0131nmazlar&nbsp;(konut olarak kullan\u0131lan gayrimenkuller)&nbsp;\u00fczerine de kurulabilir. Kirac\u0131n\u0131n haklar\u0131, kira s\u00f6zle\u015fmesinin bir taraf\u0131 olan kiraya verenin y\u00fck\u00fcml\u00fcl\u00fcklerinden do\u011fmaktad\u0131r&#8230;.<\/p>","protected":false},"author":2,"featured_media":39559,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[149],"tags":[],"class_list":["post-39850","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-bloglarimiz"],"acf":[],"_links":{"self":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts\/39850","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/comments?post=39850"}],"version-history":[{"count":5,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts\/39850\/revisions"}],"predecessor-version":[{"id":40106,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/posts\/39850\/revisions\/40106"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/media\/39559"}],"wp:attachment":[{"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/media?parent=39850"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/categories?post=39850"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fidelishukuk.com\/en\/wp-json\/wp\/v2\/tags?post=39850"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}