IMPORTANT THINGS YOU SHOULD CHECK BEFORE SIGNING A LEASE CONTRACT IN TURKISH LAW

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  • If the “contract negotiations” is being done with the landlord, it shall be determined whether the landlord is the true owner or not.
  • The leased property should be the one that it is showed on the agreement. In order to confirm the information, a research shall be done by checking the abstract of title.
  • If the Property is a “workplace”, it shall be corresponded with the certificate of title.
  • If the landlord is performing the transactions needed through a trustee, the power of attorney shall be examined whether the trustee has the authority to transact on this matter or not. In order to secure the information, a research can be done through the notary data.
  • In case of the existence of two or more landlord for the one property, all of the landlord’s signatures must be on the Lease Contract. If those landlords are performing through a trustee, the trustee shall have The Power Of Attorney from all of the landlords.
  • The rent, duration, the percentage of the increase of the amount, deposit, intended purpose for the Leased Property, the physical condition of the property must be explained in detailed in the Lease Contract.
  • In case the existence of multiple landlords, the way of how the rent will be shared shall be determined.
  • If the contract is for a long term, it better shall be signed in front of the Notary and put an annotation onto the title deed of the Leased Property.
  • If the property is furnished, it shall be stated on the contract.
  • The lessee must have the opportunity to terminate the contract one or two months before the end of the Lease year. Otherwise, Lessee will be obliged to compensate the damages the Lessor suffers because of the duration in which the property stayed empty – including the litigation expenses and the counsel’s fee.

 

 

The duration of the contract and the renewal period is determined according to the starting date of the Lease. Thus, it does not matter for how long the contract is made, the contract renews itself for one year as long as a legal action is filed by the Lessee or the Lessor.

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Mert-Yalcin

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