Most landlords rent out their property using a generic, ready-made template that circulates in the market. They fill in the blanks, both parties sign, and that's supposedly the end of it. Yet almost all of the most commonly encountered problems stem from the clauses that template leaves out. This isn't about good tenants versus bad tenants; it's about how well the contract actually protects you.
In this article I walk through the 9 critical points a landlord should nail down before signing a lease. They are all grounded in the law and all proven in practice. A single line added to the contract can save you from a dispute that would otherwise drag on for months.
1. Take the deposit within the legal limit and store it correctly
Under Article 342 of the Turkish Code of Obligations, the security deposit you may take for a residential lease is at most three months' rent. Anything above that is invalid. The law also requires the deposit to be placed in a time-deposit account that cannot be withdrawn without the tenant's consent. State the deposit amount in the contract, along with the conditions under which deductions can be made and how it will be returned.
2. Write the rent-increase rate clearly into the contract
How much you can raise the rent on renewal is capped by law. Under Article 344, the increase cannot exceed the 12-month average of the CPI for the previous lease year. Writing this cap into the contract as "the increase shall be applied at the annual CPI average rate for the relevant period" removes the need to renegotiate every year. Remember to check the current rate against TURKSTAT data each period.
3. Add a photographed inventory and condition report
The boiler, the air conditioner, white goods, the flooring, cupboards, the paintwork... Record the condition of the property at handover with photographs and a signed list. Make this report an annex to the contract and have both parties sign it. It is the only antidote to the move-out argument of "that scratch was already there." If you rent furnished, list every item one by one.
4. Obtain an eviction undertaking
One of the strongest tools in a landlord's hands is a properly drafted eviction undertaking. This document, in which the tenant declares in writing that they will vacate the property on a set date, dramatically speeds up the eviction process when done correctly. However, if drafted incorrectly it can be entirely invalid; so pay attention to the date, signature and execution procedure, and seek expert support if needed.
5. Set up the guarantor and security clause on solid legal ground
If you want a guarantor, don't leave it vague. For the guarantee to be valid, the maximum amount and the duration of the guarantor's liability must be stated in the guarantor's own handwriting. If the guarantor is married, the written consent of their spouse is required under Article 584; without it, the guarantee is invalid. When these details are skipped, the security in your hands becomes worthless at the worst possible moment.
6. Make rent payments mandatory through a bank
Put your IBAN and a "rent is paid by bank transfer" clause into the contract. For residential rents above a certain amount, payment via bank or PTT is already a legal requirement. Beyond that, a bank record resolves the biggest evidentiary problem about whether payment was made. Cash payment is the beginning of the "I paid it" versus "I never received it" dispute.
7. Specify the cost split item by item
Building dues, common-area expenses, compulsory earthquake insurance (DASK), home insurance, heating, repair costs for fixtures... Write out which of these belongs to the tenant and which to you, one by one. Every cost item left ambiguous is usually interpreted against the landlord in a dispute. The point that really matters is this: the question of who pays for what should not be left unanswered in the contract.
8. Include a subletting ban and a purpose-of-use clause
State clearly in the contract what the property may be used for: "The property shall be used solely as a residence." Add a clause stating that "the property may not be sublet or transferred to another party without the landlord's written consent." These two sentences are the most practical barrier against your home quietly turning into a short-term rental or a storage unit.
9. Tie down the term, renewal, termination and notification address
Clearly set out the term of the contract, whether it renews automatically, and on what grounds it can be terminated. And here's a critical point many people skip: a valid notification address and contact information for the tenant. If there is no address where your notice, payment warning or court notification can reach, the legal process stalls even on matters where you are clearly in the right.
A tenancy is a partnership that lasts for years; a poorly structured contract becomes its weakest link. Would you like me to review your contract together with you when you rent out your property? A well-structured agreement protects you right from the start.