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The ‘turnover’ game in the rented house – Last Minute Economy News

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Recently, many rental listings say “invoice included”. This situation, which at first glance seems to be an advantage, can turn against the tenant. While some landlords keep their electricity, water and natural gas subscriptions in their own name because they make short-term rentals, others are lobbying to evacuate and increase in this way. Stating that this issue has started to be the subject of lawsuits, the president of the Association of Real Estate Law Ali Güvenç Kiraz said that the reason homeowners have chosen this path is long-term evictions and said:

SUMMER MODEL GLOBAL DIFFUSION

“Landlords must have one of the justified reasons in the Code of Obligations to evacuate their tenants. If a lawsuit is brought, the fact that the litigation process takes about 2-2.5 years, including the appeal, has led to thinking about “how can I evacuate the tenant more easily”. At this point, a model that has been used in summer rentals for years and existed in short-term rentals has become applicable to long-term rentals as well.

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In the cottages the tenant cannot enter into a written lease agreement for the property he rents for 1-3 months, and does not take on subscriptions for basic services such as electricity, water, natural gas, and does not encounter problems at the time of ‘evacuation. Seeing this, the owners started using this model for rentals in Istanbul or metropolitan cities. Recently, we’ve seen ads like “including electricity, water, natural gas, etc.” in the ads.

When the tenant wants to enter into a contract, the real estate agent or landlord stipulates that there is no written agreement, that the tenant does not want to take over the subscriptions, or that a copy will not be given to the tenant even if one is stipulated. a written agreement “. According to information provided by real estate consultants, some landlords say ‘keep the bill in my name, pay as you come’, while others set an average expense and add it to the rent at the beginning of the street.

The game of

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HOW TO USE?

Attorney Kiraz explained what was done with the account game as follows:

“The landlord may close the tenant’s basic services when the verbal lease with the tenant is extended or the written lease agreement of which no copy is given to the lessee, when he does not accept the increase in the scope of the statutory surcharge , that is, when he asks for a further increase. Since the tenant needs water, electricity and natural gas to live, he accepts this request or evacuates the property by evacuating. When the landlord asks the tenant to evacuate the property and the tenant does not want to leave, he can use the same method to close the basic services of the property and prevent the use of the property. So, the tenant cannot subscribe to these services alone, on the basis of this lease? Kiraz replied: “At this point the absence of a written lease agreement or the failure to deliver a copy to the tenant, the Dask policy and the obligation to have a notarial deed come into play. All these institutions require the presentation of these documents in order to provide the subscription service to the tenant. Since the tenant does not have these documents, it is not possible to make subscriptions on the tenant. Since this is one of the lacunae of the law, no institution or court can decide on the constitution of these subscriptions ”. Kiraz warned that the tenant citizen must sign the contract and take a sample on the day of signing.

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WHAT DOES THE LAW SAY ABOUT RENTAL AND EVACUATION?

Tenants are raised once a year during the contract renewal period and with an average of 12 CPI. However, with the June regulation, the rent increase was contained. Until 1 July 2023, the rent can be increased by up to 25%. For the tenant whose 5 years have expired, the landlord can bring a legal action and request a restatement of the rent. The landlord asks for eviction if he or his family members need it. If he removes the former tenant from the house for this reason, he cannot rent to someone else for 3 years. If not, he will have to pay the rented tenant one year’s rent. In addition, for the tenant whose contract extension period of 10 years has expired, the landlord can request eviction without giving any reasons.

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