As ATA Instutitional Consultancy, we started to take questions about rental contracts for foreigners. In general, while renting houses to foreigners, most of the contract clauses with Turkish tenants are seen as common, there are also some differences. There is no notarization requirement for contracts made between Turkish citizens. However, if the tenant is a foreign citizen, the rental contract must be made by a sworn translator with a notary. According to the practice in force by the Directorate General of Migration Management, agreements not made with a notary are accepted invalid. Foreigners can also apply for a residence permit with a valid rental contract. In this article, we will mention the important things that people who rent houses to foreigners should pay attention to when preparing a contract.
What is Rental Contract and its Content?
Commonly, rental contracts are signed with tenant and homeowner which gives the right to settle in a real estate for a determined time period and price. The rights and responsibilities of both parties during the contract period are clearly written in this contract. A rental contract generally contain the following parts:
- Clear identification of the homeowner and tenant
- Details of the rental real estate, usage rights and rental period
- Special conditions
If these contracts are prepared in foreign currency, according to Article 344 of the Code of Obligations, no increase in rental fee can be applied for 5 years. Apart from this, the annual increase rates are calculated according to the 12-month average CPI rate by law.
Things Must be Included in Rental Conracts with Foreigners
If you sign a rental contract with foreigners, you should prepare a contract as legally, valid and clearly-written. The amenities of the real estate, net address information, terms, monthly and annual fees should be clearly stated in the contract. Although there is no difference in terms of form in terms of making contracts with Turkish tenants in general, making a rental agreement with foreigners, there may be differences in terms of the information provided by foreigners and the currency. Here are the things that must be included in the lease agreement with foreigners:
- Full address of real estate (neighborhood, street, apartment, door number etc.)
- Type of the rented real estate
- Homeowner’s TC Identity NO, name, surname, residence address and tax number
- Tenant’s Foreigner Identity NO, name, surname and residence address
- Monthly and annual rent provisions (currency must be clearly stated)
- Rental contract start and end dates (if term)
- The condition and purpose of use of the rented real estate
- Compulsory Earthquake Insurance Policy
If you rent a real estate to a foreigner in Turkey, you should write Foreigner Identity Number to the contract. These numbers, which are given to foreigners, can be obtained from the Foreigner Identity Number Inquiry page of the Ministry of Interior General Directorate of Population and Citizenship Affairs. If the foreigner who will make a rental does not have a valid identification number, the foreigner must apply to the governorship or the nearest immigration administration.
What about Special Conditions?
With the condition of being legal, you can add special conditions for rental contracts. Generally, homeowners can oppose internal and external changes in their homes without their own permission and knowledge and want to protect this with a contract. In addition, in the houses to be rented as furnished, all the items that will or will not be given to the tenant at home should be clearly stated in the current status of the real estate, and when there are issues that need to be clearly stated, these situations can be added to the special conditions title. Some examples of special conditions can be listed as follows:
- At the end of contract, tenant should accept the rent increase if tenant wants to stay more.
- The tenant cannot transfer the real estate to third parties or make them available for use.
- The tenant is obliged to pay the cleaning tax, bills and the apartment fee.
- Without the knowledge of the property owner, the tenant cannot make changes or changes in the interior and exterior of the house.
- If the tenant will leave the house at the end of the contract, they must provide information 1 month in advance.
- Debts and expenses before the rental contract belong to the real estate owner, and the expenses and debts after the rental contract belong to the tenant.
- The tenant agrees to comply with the decisions made by the management of the apartment where the tenant is located.
Finally, we recommend you to read well your rental contract if you want to rent a real estate in Turkey as a foreigner. Remember that you can get support from a professional advisor when necessary.