The Supremacy of Written Evidence
In Turkish rental law disputes, written evidence is paramount. The original lease agreement forms the foundation of the relationship between the landlord and the tenant.
Disputes frequently arise regarding rent amounts, payment dates, and verbal modifications to the lease. Without written proof, claims of verbal agreements hold very little weight in court.
Both landlords and tenants should ensure that all modifications, including rent increases, are documented in writing.
Proper Rent Payment Procedures
Tenants must ensure that rent payments are made exactly as specified in the lease. If paying via bank transfer, the description must explicitly state 'Rent payment for Month X, Year Y'.
Paying by hand without receiving a written, signed receipt leaves the tenant vulnerable to claims of unpaid rent and subsequent eviction. Landlords can legally claim that undocumented payments were never made.
Drafting and Serving Formal Warnings (İhtarname)
To evict a tenant for non-payment of rent, the landlord must send a formal warning, usually via a Notary Public, granting the tenant a legally mandated period to pay the debt (30 days for residential properties).
This warning must clearly state the unpaid months, the exact debt amount, and a clear statement that failure to pay within 30 days will result in termination of the contract and eviction.
If the warning lacks any of these mandatory elements, it is considered legally invalid, and any subsequent eviction lawsuit will be dismissed.
Mandatory Mediation in Rental Disputes
As of recent legal amendments, applying for mediation is now a mandatory prerequisite before filing lawsuits regarding rent determination, eviction, and the collection of unpaid rent.
Parties must attempt to resolve their rental dispute at the mediation table before consuming court resources.