Precedent-setting decision: Landlords will have to pay tenants

A frequently encountered issue in rental relationships is the lack of clarity regarding which expenses belong to whom. Many tenants end up paying for major repairs to the property out of their own pockets, mistakenly believing it is their responsibility. However, according to the Turkish Code of Obligations, such expenses are the landlord's responsibility, and payments made by the tenant are considered "mandatory expenses" that can be reclaimed.

Experts emphasize that tenants should know their rights in such situations. Under the law, the landlord is required to keep the rented property in a "usable" condition. In this context, high-cost operations such as plumbing failures, boiler or central heating system replacements, and roof and exterior facade repairs are the landlord's responsibility.

If a tenant is forced to pay for an expense that is the landlord's responsibility, they may demand this amount from the landlord. Such expenditures are considered "mandatory expenses" under the law, and the amount paid by the tenant must be refunded.

The Court of Cassation also states in various rulings that a landlord cannot evade responsibility until the defect in the rented property is resolved, and that the cost of mandatory repairs made by the tenant must be paid by the landlord. The tenant also has the right to deduct such expenses from the rent.

For example, in cases where a tenant pays out of pocket due to a leaking roof, performs renovations due to faulty electrical wiring, or replaces a completely broken boiler, the expenses incurred by the tenant are considered the landlord's obligation, creating a mandatory reimbursement requirement.

It is recommended that tenants document the payments they make and, if necessary, send a formal notice through a notary. In this way, landlords are prevented from shifting their own responsibilities onto tenants.