Landlord's Obligations and Tenant's Rights in Lease Agreements (Turkish Code of Obligations)

1) Landlord's Basic Obligations

Delivery and suitability (Turkish Code of Obligations, Article 301): The lessor is obliged to deliver the leased property in a condition suitable for the purpose of the contract and to maintain it in that condition throughout the lease term .

Maintenance and repair (Turkish Code of Obligations, Articles 302, 317): The landlord is responsible for remedying defects that prevent or significantly reduce the use of the property . The tenant is only responsible for minor maintenance and ordinary usage expenses .

Prevention of legal and factual interference (Turkish Code of Obligations, Article 309):
Interference by third parties or the landlord's own actions cannot impair the tenant's use; the landlord to remedy the interference .

Liability for defects (Turkish Code of Obligations, Articles 304–308): If defects, whether present at the time of delivery or appearing later, affect the tenant's use of the property, the tenant may demand the remedy of the defect, a reduction in rent , compensation for damages , and, if the conditions are met, termination of the contract

Transfer of ownership (Turkish Code of Obligations, Article 310):
Even if the leased property is sold, the contract binds the new owner in its entirety. (Special grounds for eviction are reserved.)

Deposit/security (Turkish Code of Obligations, Article 342 – residential/covered business premises):
The security deposit can be up to three months' rent and in a bank account ; it is returned at the end of the contract if the landlord has no legitimate claim.

2) Tenant's Main Rights

Right to peaceful use and protection: The tenant has the right to uninterrupted and secure use of the leased property in accordance with the contract . If obstacles arise, they may request that the problem be resolved .

Rent reduction and compensation (Turkish Code of Obligations, Articles 305-306):
If the defect reduces the usable value a proportional reduction is applied; if the defect is not remedied, termination and compensation for damages may be considered. In case of sudden malfunctions, the tenant emergency repairs carried out and claim the cost from the landlord.

Refund of deposit (Turkish Code of Obligations, Article 342): The tenant has the right to receive the deposit back at the end of the contract, provided there are no damages other than reasonable wear and tear and no outstanding debts

Incidental expenses and transparency:
Unless explicitly stipulated in the contract, major repair and structural expenses are the responsibility of the landlord. Common expenses requested from the tenant documented and proportionate .

Sublease and transfer (Turkish Code of Obligations, Article 322): Sublease/transfer is possible in residential and covered business premises with the consent of the landlord ; unlawful obstruction is contrary to the principle of good faith

Protection of rights in case of early termination:
In case of termination for just cause (e.g., serious defect, impossibility of use), the tenant vacate without compensation ; use ends upon handover of the keys, and no rent debt arises for the following period.

3) Practical Tips (Quick Checklist)

• a handover report : meter – inventory – defect list.

• defect notificationin writing; use email/REGISTERED electronic mail for continuity and evidence purposes.

• Repair times should be reasonable; note your rights to discounts/cancellation if they are longer

• The deposit must be made to a bank account; do not make cash payments.

• Request detailed documentation for incidental expenses

• Clearly state in the contract who is responsible for insurance and maintenance obligations

4) Brief Conclusion

Balance in a rental relationship is achieved by properly exercising the landlord's responsibility for delivery, maintenance, and defects, as well as the tenant's rights regarding use, discounts, compensation, and return . In specific disputes, the contract text, the provisions of the Turkish Code of Obligations, and proof are the determining factors. Written notification, documents, and records are the strongest support for the tenant in the process of seeking redress .