Last Updated on December 19, 2023 by Aydoğan Aknar
Understanding Rental Agreements in Turkey: Do You Need to Renew Your Lease Every Year?
Disagreements between landlords and tenants have been on the rise, often revolving around the terms of lease agreements. One common question that arises is whether a new lease agreement needs to be signed every year. Let’s delve into the details of understanding rental agreements in Turkey and explore the implications for both parties involved.
Disputes between property owners and tenants often surface from various perspectives, leaving either party feeling aggrieved. The specifics of lease agreements rank highly among the most frequently queried topics in this regard.
A reader of Posta Gazetesi recently reached out to columnist Tamer Heper, sharing a concern about his five-year tenancy. The tenant explained that the landlord insists on signing a new lease agreement each year, accompanied by a rent increase. The reader now possesses four lease agreements and is curious about any potential drawbacks.
NO OBLIGATION TO RENEW EVERY YEAR
Tamer Heper addressed the issue, stating that in a lease arrangement, the agreement is typically made once, and if there are no legal termination reasons at the end of the term, the contract automatically extends for another year under the same terms. He emphasized, “If the situation remains unchanged after one year, meaning there are no termination reasons, the lease is extended for another year under the same conditions (except for a possible change in rent).”
Heper underscored that there is no obligation to create a new lease agreement every year.
A DECADE-LONG EXTENSION DOESN’T EXPIRE
Regarding newly drafted agreements, Heper clarified that unfavorable clauses for the tenant cannot be introduced. However, he also highlighted favorable circumstances for the tenant. He explained that when a lease reaches its tenth year and eviction is sought, the calculation does not start from the initial lease agreement made five years ago. Instead, it begins from the date of the most recent lease agreement.
This means that by renewing the lease each year, the tenant effectively keeps pushing the start of the ten-year period into the future, avoiding eviction risks at the end of that time frame.
Heper concluded by advising an understanding of the landlord’s intentions in seeking a new agreement each year. He stated, “There is no visible benefit because, apart from the rent amount, the other terms remain unchanged. The rent is increased based on the legal situation, and a new lease agreement does not contribute to these factors.”
Understanding the nuances of rental agreements is crucial for both landlords and tenants to ensure a fair and mutually beneficial living arrangement.
Please don’t hesitate to contact us for further information.