Things to Consider When Signing a Rental Agreement for Both Tenants and Landlords
A rental agreement is not just a ordinary piece of paper that can be purchased from a stationery store and filled out in 5 minutes. This contract is a legal shield that guarantees the tenant's right to peaceful housing and also protects the landlord's property and income.
In today's world, with changing laws and increasing legal disputes, rental agreements must be prepared in a much more professional and meticulous manner. To avoid suffering for years in court corridors in the future, we have summarized the golden rules that both parties should know before sitting down at the table.
Critical Points for Landlords to Consider
1. Correct Tenant Analysis: The financial history and payment schedule of the person to whom you will hand over your property are as important as the clauses in the contract. It is your greatest guarantee to start working with tenants who have passed through a professional filter, not just based on statements. 2. The "Date" Rule of Eviction Undertaking: The most legal way to get your property back when needed is through an eviction undertaking. However, according to Supreme Court decisions, undertakings signed on the same day as the rental agreement are considered "signed under pressure" and are deemed invalid. This document must be signed after a certain period of time (e.g., 15-20 days) after the contract and the dates must be arranged accordingly. 3. Subletting Ban: To prevent your tenant from renting your house (or workplace) to someone else or to daily rental platforms without your knowledge, the contract must explicitly include the clause "Subletting is not allowed, the property cannot be transferred to third parties".
Critical Points for Tenants to Consider
1. Is the Person in Front of You the Real Property Owner? Check if the person sitting across from you and demanding money is really the legal owner of the property. Be sure to see the title deed or power of attorney. Otherwise, you may become a victim of fake rental scams. 2. Do Not Fall into the Mistake of Cash Payment: The rent, due to tax laws and legal proof requirements, must be sent to the landlord's bank account. Do not forget to write clear expressions such as "October 2026 Rent" in the description section. "Pay in cash, let's agree on a lower price" offers may lead to accusations of "not paying rent" in the future. 3. Past Debt and Fixture Status: When taking over the house, make sure there are no debts from the previous period, such as electricity, water, gas, and aidat. Additionally, the current condition of the fixtures (boiler, parquet, doors, cabinets) in the house must be written in detail in the contract. To avoid discussions like "This was broken" when moving out, it is recommended to take a photographed record if necessary.
Common Rules: Deposit and Rent Increase Rate
- Deposit: The deposit amount cannot exceed 3 months' rent by law. This amount is a guarantee against possible damages or unpaid debts and must be returned to the tenant if the property is delivered without any problems during eviction.
- Rent Increase Rate: The increase rate in rental agreements cannot be determined arbitrarily when the renewal period arrives. By law, this rate cannot exceed the "12-Month TÜFE Average" announced by TÜİK.
Leave Legal Processes to Professionals
Filling out a rental agreement with incomplete or incorrect clauses can lead to tens of thousands of liras in material loss and severe psychological stress in the future.
Preparing "fair and 100% legally compatible" contracts that protect both the landlord's property and the tenant's legal rights requires professionalism. If you want the process to proceed transparently, securely, and smoothly for both parties, you are invited to work with our expert real estate consultants and review our legally prepared portfolios.