Landlord and Tenant Relations
Landlord-tenant relations consist of the rights, obligations, and legal conditions governing the lease of property, which are precisely regulated by civil law. The Law on Landlord and Tenant Relations, adopted on April 25, 1977, together with its subsequent amendments, is presented in this article.
Rights and Obligations of the Landlord and the Tenant
Chapter One: General Provisions
Article 1
Any premises leased for residential, business, professional, commercial, or any other purposes, where possession is based on agreement with the landlord or the landlord’s legal representative under a lease, transfer of usufruct, or any similar title intended as a lease, whether a formal or informal document has been executed or not, shall be subject to the provisions of this Law.
Article 2
The following cases are not subject to the provisions of this Law:
- Possession arising from transactions with a right of redemption or mortgage transactions.
- Enclosed or unenclosed agricultural lands and their appurtenances, and gardens where the primary purpose of leasing is agricultural production.
- Buildings and premises customarily leased seasonally for residential purposes for a period not exceeding six months.
- All residential units located within the municipal service limits of cities and in townships for which certificates of completion have been issued after the effective date of the 1975 Land Transactions Law.
- Organizational housing and other residential premises placed at the disposal of employees by ministries, governmental or government-affiliated institutions, or by natural or legal persons by reason of employment. In such cases, the relationship of the occupant with the relevant organization or persons shall be governed by their specific laws and regulations or by the applicable contract. If the occupant refuses to vacate despite a legal or contractual obligation to do so, the public prosecutor or the head of the independent district court shall issue a notice requiring the occupant to vacate within one month. Upon refusal, the premises shall be evacuated by order of the same authority and delivered to the relevant organization or persons.
- Residential units leased after the enforcement of this Law.
Chapter Two: Rent Amount and Method of Payment
Article 3
Where a lease agreement exists, the rent shall be as specified therein. Where no lease agreement exists, the rent shall be as agreed upon or practiced by the parties. If the amount cannot be determined, the court shall, in accordance with this Law, determine the rent based on the fair market rate on the day in question.
Article 4
As amended on November 24, 1979, the landlord or the tenant may request a rent revision based on an increase or decrease in the cost of living, provided that the lease term has expired. Three whole years have elapsed from the date the tenant began using the premises or from the date of the final judgment determining or adjusting the rent. The court, after obtaining expert opinion, shall adjust the rent to the fair market rate. The court’s decision in this regard shall be final.
Article 5
The landlord may also claim the rent difference in the petition for adjustment. In such a case, the court, while issuing the adjustment judgment, shall order the tenant to pay the difference from the date of filing the petition until the date of judgment. The enforcement office shall calculate late payment damages at the rate of 12% per year from the date the judgment becomes final until its execution, collect them from the tenant, and pay them to the landlord. The tenant may likewise request reimbursement of excess payments together with late payment damages.
Note: The provisions of this Article also apply where the court issues a judgment determining the rent.
Article 6
The tenant is obliged to pay the agreed rent within the time specified in the lease and, after expiration of the lease, to pay compensation equivalent to the last agreed rent monthly within ten days. Where no lease exists, the tenant shall pay the rent as agreed or practiced, or if unknown, shall deposit an amount deemed appropriate in comparison with similar properties into the registry office or designated bank and submit the receipt to the relevant notary office, which shall notify the landlord accordingly.
Chapter Three: Execution of Lease Agreements
Article 7
Where no lease has been executed, or the lease has expired, and the parties disagree on its renewal, rent, or conditions, either party may apply to the court to determine the rent and to execute a lease. The court shall determine the rent from the date of filing, without prejudice to claims for prior compensation and late payment damages.
Article 8
The court shall determine the conditions of the new lease in accordance with customary practice and the conditions of the former lease, if any, and in compliance with this Law.
Article 9
During litigation, the tenant shall continue to pay rent under Article 6. From the date of notification of the final judgment, the parties must execute the lease within one month. If the landlord refuses, the court’s representative shall perform the lease on the landlord’s behalf for a term of one year. If the tenant fails to attend within fifteen days without a justified excuse, the court may order evacuation, and such judgment shall be final.
Article 10
The tenant may not transfer the leased benefits, in whole or in part, to another unless expressly authorized in writing. Where a lawful transfer exists, each subsequent tenant may request execution of a lease with the landlord after termination or expiration of the principal lease.
Article 11
Notary offices are required to specify in lease agreements, in addition to statutory requirements, matters including the occupation and domicile of the parties, full address of the premises, possession status, payment deadlines, purpose of use, right of transfer, and the tenant’s obligation to pay compensation after expiration or termination.
Chapter Four: Termination of Lease and Evacuation
Article 12
The tenant may request termination where the premises do not conform to the specifications, become defective and unusable, termination rights arise under the lease, the tenant dies, and all heirs request termination, or the premises are in danger of destruction or harmful to health.
Article 13
Where the tenant vacates,s and the landlord refuses delivery, the tenant shall notify the landlord. If the landlord fails to attend within five days, the tenant shall see a court-issued eviction certificate and deposit the keys with the court. From that date, the lease relationship terminates.
Article 14
The landlord may request termination or evacuation in cases including unlawful transfer, unauthorized change of occupation, waste or negligence, or failure to pay rent within statutory periods. The detailed enforcement procedures and tenant relief provisions shall apply as stated in this Law. The court’s decision in such cases shall be final.
Article 15
After the expiration of the lease, evacuation of the business premises may be requested for the construction of a new building, a personal business need of the landlord, or residential use by the landlord or immediate family, subject to payment of business goodwill compensation.
Article 16
If, within six months of evacuation, the landlord does not commence construction or fails to use the premises for at least one year as claimed, the former tenant may seek compensation equal to one year’s rent unless force majeure is proven.
Article 17
All evacuations must be reported to the notary’s office that executed the lease for registration.
Chapter Five: Business Goodwill Rights
Article 18
The amount of business goodwill compensation shall be determined based on principles outlined in regulations prepared by the Ministry of Justice and the Ministry of Roads and Urban Development and approved by parliamentary commissions.
Article 19
Where the tenant has the right of transfer, the benefits of the lease may be formally transferred to another for the same or similar occupation. Where such right is denied, and the landlord refuses consent, the landlord must pay business goodwill compensation. Court-authorized procedures and tenant substitutions shall apply as stated herein.
Chapter Six: Repairs
Article 20
Major and structural repairs, including main installations such as central heating, ventilation, and elevators, are the landlord’s responsibility. Minor and decorative repairs are the tenant’s responsibility.
Article 21
The court shall resolve disputes concerning repairs. If the landlord fails to perform the ordered major repairs, the tenant may request termination or permission to perform the repairs under court supervision and deduct the costs, up to six months’ rent.
Article 22
If the tenant prevents necessary repairs, the court shall order the removal of the obstruction and may order temporary evacuation. The tenant shall be liable for resulting damages.
Article 23
Filing an eviction action does not preclude adjudication of repair claims.
Article 24
Where the tenant is entitled to utilities and shared facilities, the landlord may not discontinue them except for necessary repairs or nonpayment. The court may order immediate reconnection. The tenant may deduct paid costs from rent.
Article 25
If the landlord intends to sell or inspect the property and access is obstructed, the prosecutor or district judge may order authorities to facilitate inspection.
Article 26
The competent courts shall hear all disputes under this Law. Judgments shall be deemed rendered in the presence of the parties and shall be appealable unless otherwise specified.
Article 27
Where evacuation is ordered, the court shall set a deadline of not less than ten days and not more than two months, with special rules for educational institutions.
Article 28
Where an evacuation depends on the payment of business goodwill compensation, the landlord must deposit the determined amount within three months; otherwise, the judgment shall lapse unless otherwise agreed.
Article 29
The Ministry of Justice shall appoint official experts for the implementation of this Law in accordance with regulatory procedures.
Article 30
Any direct or indirect methods adopted to circumvent this Law shall be declared void upon proof before the court.
Article 31
This Law shall apply in areas where the previous Landlord and Tenant Law has been implemented or where the Ministry of Justice announces its necessity. Elsewhere, general laws shall govern.
Article 32
From the effective date of this Law, the 1960 Landlord and Tenant Law and all conflicting regulations are repealed.
Frequently Asked Questions about Landlord and Tenant Relations
They include the rights, obligations, and legal conditions governing leases, regulated by civil laws. The Law adopted on April 25, 1977, provides the legal framework.
All leased premises for residential, professional, or commercial use are subject to this Law. The landlord is responsible for major repairs and statutory compensation, and the tenant is obliged to pay rent and comply with lease conditions. Certain exceptions apply.
Where a lease exists, rent follows its terms. Otherwise, the court determines rent based on fair market value. The tenant must pay on time, and late payment damages may be claimed.
In the absence of a lease or in case of dispute, either party may apply to court. A lease must include the parties’ details, property address, payment terms, purpose of use, and transfer rights.
In cases such as nonconformity of the premises, irremediable defects, death of the tenant, or destruction of the property.
Upon expiration of the lease, nonpayment of rent, unauthorized transfer, unauthorized change of occupation, or personal or construction needs.
It is compensation determined under regulations, transferable by formal deed, protecting the tenant’s business interest.
Major structural and installation repairs are the landlord’s responsibility. Minor and decorative repairs are the tenant’s responsibility.
The landlord may not cut utilities except for nonpayment or necessary repairs. The court may order immediate reconnection.
All lease disputes are adjudicated by competent courts. Attempts to circumvent the Law are void, and conflicting prior laws are repealed. What are landlord and tenant relations and what do they include?
What rights and obligations do landlords and tenants have?
How is rent determined and paid?
How is a lease executed and what must it include?
When may a tenant request termination?
When may a landlord request evacuation?
What is the tenant’s business goodwill right?
Who is responsible for repairs?
How may the tenant use utilities and facilities?
How is this Law enforced?
