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Landlords will be able to cancel contracts on their own!
Category: Business&FinanceAdd Time: Kas 30th, 2009Author: admin
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The Draft Law of Obligations will amend the relations between the landlords and the tenants.
According to information furnished, the deposit will be limited to the rent for 3 months. The landlords will have the right to inspect their rented houses. The Turkish Law of Obligations covering 649 clauses is presently being reviewed at the Justice Commission of the Grand National Assembly.  So far 212 clauses of the draft have been approved.
The following are the rights of the landlords and the tenants…
- The tenant is held responsible for using the residence with care and showing the appropriate respect to the neighbours. If the tenant fails to do this, the landlord may notify in writing that the contract may be annulled.  If the tenant causes damage in the residence on purpose or displays inappropriate behaviour to the neighbours, the contract may be cancelled immediately.
- The landlord may pay visits to the residence under rent for the purpose of inspecting maintenance, sale or subsequent tenant. He may bring third parties to look over the house. It will suffice if he gives advance notice to the tenant of such visits. The landlord is obliged to accept the prospective tenant’s request to look over the house. For example, if the landlord notifies the tenant that he plans to bring workers to the residence for urgent repairs or alterations, the tenant has to permit such work on the premises.
- If the tenant fails to pay for items such as electricity and water bills on time, the landlord may annul the contract on his own, pursuant to a previous written notification of 30 days.
- The landlord has the right to cancel the contract pursuant to two notifications to the tenant to pay the rent in question. At present, the landlord has to wait for the termination of the contract before he asks for the premises to be vacated.
- In case the contract has been valid for over 15 years, the landlord will have the right to annul the contract without paying for compensation.
THE TENANT WILL BASE THE INCREASE IN RENT ON THE RATE OF INFLATION
- The increase in rent will not exceed the Producers’ Price Index (ÜFE). A present, after 3 years the landlords have been able to establish the increase in rental value within a logical  limit, not based on ÜFE. The draft law prolongs this period to 5 years.
- Deposits will not be over the rent for 3 months. If the deposit is paid in cash, it will be paid to a time deposit which can only be withdrawn with the approval of the landlord. If the deposit is treated as a legal document, it will be kept at the bank. When the contract comes to an end, unless a court case is involved or if there is no written notification of the landlord, the bank will return the deposit to the tenant with the incurred interest.
- There will be no alterations in the contract which are detrimental to the interest of the tenant, with the exception of establishing the rental value.
- Pursuant to the premises vacated by the tenant on the basis of the landlord’s justification, if it is rented out to a third party, the injured tenant will have the right to demand at least one year’s rent from the landlord.
- The landlord is responsible to turn over the premises to the tenant in good condition and to maintain this condition for the duration of the contact.
- The landlord will also be responsible for any defects in the premises that are observed after the signing of the contract. The tenant will have the right to deduct the cost of damages due to such defects from the rent, without taking the matter to court.
- The tenant will have the right to ask the landlord for the increase in the value of the premises on the basis of alterations carried out by the former.
- At present,. The landlord has the right to ask for the total  rent of the subsequent year from the tenant who has delayed payment. This is no longer included in the draft.

 

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