Common mistakes made by tenants and landlords: Illegal demands

One of the most common problems between tenants and landlords in Turkey is the confusion over which expenses belong to whom. Many landlords demand certain costs from tenants without fully knowing the law, and tenants may accept these demands without questioning them.

However, the Turkish Code of Obligations provides clear provisions on this subject.

Expenses under the tenant's responsibility are generally costs related to daily use. Electricity, water, and natural gas bills must be paid by the tenant. Additionally, the service portion of the maintenance fee (aidat), such as cleaning and security, is also the tenant's responsibility. Minor repairs and damages caused by the tenant's own fault also belong to the tenant. However, some landlords may exceed legal limits by demanding expenses outside of this list from the tenant.

THINGS TO CONSIDER REGARDING DEPOSITS AND CONTRACTS

Damages left by the tenant in the house or unpaid bills allow the landlord to exercise their right to the deposit. However, if there is no clear rental agreement, the issue of the deposit can create problems. Collecting expenses not specified in the contract may be considered legally invalid. Therefore, both parties should carefully draft the contract clauses.

The issue of maintenance fees (aidat) also frequently causes confusion in landlord-tenant relationships. While expenses that the tenant must pay include services such as security and cleaning, major expenditures such as elevator renovation and building reinforcement are the landlord's responsibility.

ILLEGAL DEMANDS CAN BECOME SUBJECT TO LAWSUITS

Real estate law experts state that imposing expenses not specified in the rental agreement on the tenant can lead to serious disputes. It is emphasized that it should be clearly written in the rental agreement which part of the maintenance fee belongs to the tenant. Demanding additional fees from the tenant without obtaining written consent is not legal.

Mistakes made due to a lack of information on these issues can lead not only to financial losses but also to the deterioration of relationships. It is of great importance for both landlords and tenants to clearly learn which expense belongs to whom. Remember, not every payment demanded is legal, and payments made unknowingly can be recovered.

News Source: 12punto