Foreigners in Turkey face various legal challenges when renting property, especially if the lease agreement is not officially documented. While Turkish law recognizes verbal contracts, failing to put the agreement in writing can lead to significant legal complications for the tenant. In this article, we will outline the key rights and risks to consider when renting a property in Turkey without an official contract.
Proof of the Rental Agreement
According to Article 299 of the Turkish Code of Obligations (Türk Borçlar Kanunu – TBK), a lease is considered valid even if it is not in writing. However, in case of disputes, it becomes difficult for the tenant to prove their rights in court. Therefore, it is always recommended to have a written contract to ensure legal protection.
Protection Against Arbitrary Eviction
A landlord cannot evict a tenant suddenly without following legal procedures. According to Article 6098 of TBK, eviction requires an official notice issued through the court or a notary (Noter). Without a written contract, tenants may become vulnerable to illegal eviction attempts without due legal process.
Proof of Rent Payments
To avoid disputes regarding rent payments, tenants should make payments via bank transfer rather than in cash. According to Article 269 of TBK, a bank transfer serves as legal proof of the rental relationship, making it easier for the tenant to protect their rights in case of any conflict with the landlord.
Potential Risks of Renting Without an Official Contract
Failing to document a rental agreement can expose tenants to various legal issues, including:
Loss of the right to claim compensation for damages: If any damage occurs to the property or a dispute arises with the landlord, the tenant may find it difficult to prove liability or request compensation.
Difficulty contesting arbitrary rent increases: Some landlords may exploit the absence of a formal contract to impose illegal rent hikes without prior notice.
Forced eviction: Tenants may face sudden and unlawful eviction without any legal documents to support their case before the authorities.
Legal Advice for Tenant Protection
✔ Always sign a formal lease agreement and have it notarized (Noter) to prevent future disputes.
✔ Keep all bank receipts as proof of rent payments, as they can be used as legal evidence in case of disputes.
✔ If you encounter any legal issues, consult a lawyer specializing in Turkish real estate law to ensure your rights are protected.
Although verbal contracts may be legally recognized in Turkey, having a written and notarized lease agreement remains the safest option to protect tenants from potential legal complications. Therefore, it is crucial to sign an official contract and notarize it to avoid future problems and ensure a secure and stable rental experience in Turkey.
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