Turkish Code of Obligation ( it will be referred as TBK) has regulated rent contracts and relationship between owner and renter comprehensively. This paper focused most common issues regard to rent of real estate
Rules of rent contract and rights of renter and property owner has been regulated in TBK, as special provisions. It can be said that Turkish Law has adopt the protection of weaker principle and thus renter has been accepted as “weaker side“ of the rent contracts. Therefore, the provisions regulated on TBK has regarded to protect renter as a weaker side. However, this protection is also limited. The protection has been regulated to assure that property owner cannot do unilateral cancellation from the rent relationship if there isn’t any negligence of renter..
Firstly, if property owner tended to not extend the contract when it expired, it is recommended that renter should be made signed a moving out notice before making the rent contract. Otherwise, as long as renter pay the rental fee on time, the renter cannot be asked to move out except some exceptional circumstances which are also regulated in TBK until 10 year expired from the first rent contract.
Fixed term rent contract extends one year with same conditions more unless property owner notified 15 days before the expire date of rent contract. Property owner cannot dispossess the renter by rely on termination of the contract. Merely, property owner dispossess the renter after 10 extended year later of the rent contract by notify the renter via notarial notification 30 days before the expire date of rent contract.
It is important for renter to annotate the rent contract to land register of the property rented. Otherwise, if the property which is rented is sole, new owner may dispossess to renter from the property. Its’ one of the reflection of reliance in land registration principle in Turkish Law.