Owner's Rights in Turkey

Owning a property in Turkey brings some rights and responsibilities. In this article, we aim to help property owners in Turkey take the right steps in legal processes by drawing attention to the problems they may experience.

Rental Income and Taxation

Property owners in Turkey are obliged to pay taxes on the rental income they get from the real estate they rent. According to the Income Tax Law, rental income must be declared and taxed. Because residential rental income benefits from an exemption amount that is updated every year, with declaration thresholds of its own, the current amount and conditions should be checked. Therefore, it is important for property owners to fulfill their responsibilities as taxpayers.

Maintenance and Repair Obligations

The owners are responsible for the major maintenance and repair obligations of the leased property. According to the Turkish Code of Obligations, the landlord must deliver the property in a condition fit for the use agreed in the contract and keep it in that condition throughout the lease (Art. 301), and must remedy defects for which the tenant is not responsible. The cleaning and maintenance costs needed for ordinary use of the property are borne by the tenant (Art. 317).

Respecting Tenants' Rights

Landlords are required to respect the rights of tenants and fulfill their obligations under the Turkish Code of Obligations. This includes issues such as not interfering with the tenant's right of use, complying with the terms specified in the lease agreement, and not evicting the tenant unjustly.

Eviction Processes

In Turkey, landlords have the right to evict tenants under certain conditions. However, this process must be carried out in accordance with legal regulations. Failure of the tenant to fulfill their contractual obligations may constitute a legal reason for eviction. Since 1 September 2023, mediation is mandatory before filing a lawsuit in disputes arising from a lease, including eviction actions (Law No. 6325, Art. 18/B); the provisions on eviction through the enforcement office without a court judgment are reserved.

Property Management and Condominium

In Turkey, landlords are also subject to condominium laws. In this case, the owners must fulfill their responsibilities regarding the management of the apartment and the maintenance of the common areas. According to the Property Ownership Law, the owners are required to act in accordance with the apartment management plan and the general assembly resolutions.

Working with a Real Estate Broker

Property owners in Turkey can work with a real estate broker in the rental or sale processes. In this case, it is important that the landlord and the real estate agent act in accordance with the Regulation on Real Estate Trade (Taşınmaz Ticareti Hakkında Yönetmelik). In this context, landlords and real estate brokers should pay attention to the legal regulations regarding contracts and commission rates.

Real Estate Sales and Title Deeds

Owners in Turkey can sell or transfer their real estate. In this process, it is necessary to comply with the deed procedures regulated by the General Directorate of Land Registry and Cadastre. It is important for the owners to prepare the necessary documents and pay the title deed fees in the title deed transfer process.

Conclusion:

It is important for people who own property in Turkey to know their rights and obligations. Our law firm in Istanbul supports the owners in these matters and helps them take the right steps in the legal processes. If you are a property owner in Turkey and would like information about your rights or obligations, you can contact our law firm in Istanbul.