Preparing a Rental Contract: Legal Security Guide

A rental contract is not just a simple paper from a stationery shop. It determines the fate of future eviction and rent increase lawsuits.

1. Must It Be Written?

No. Legally, a verbal lease is valid. However, a written one is strongly recommended for ease of proof.

2. Most Important Clauses

• Increase Rate: “CPI” (TÃœFE) or “Legal Rate” should be written.
• Fixtures (Inventory): Brand and condition of boilers, ACs, and appliances must be listed. Otherwise, disputes arise upon exit.
• Bank Account: The IBAN for rent payment should be in the contract.

3. Guarantor Warning (Very Important)

This is where landlords make the most mistakes. For a guarantor to be valid:

1. Guarantee Limit (Amount) must be written in the guarantor’s own handwriting.
2. Date of Guarantee must be in their own handwriting.
3. If married, Spouse’s Written Consent is required. Without these, the guarantee is invalid.

4. Family Residence Annotation

If the rented place is a “Family Residence,” the tenant cannot terminate the contract without the spouse’s knowledge. The landlord must send termination notices to both spouses.

FAQ

Tenant doesn’t pay dues (Aidat)? Dues are part of the rent. Non-payment is a cause for eviction (Default). The landlord can pay the site and claim it back from the tenant.

Legal Support: Contact us to draft a “gap-free” custom rental agreement.

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