RENTAL LAW – ACTIONS FOR RENT DEBT AND EVICTION
Today, Real Estate and Rental Law is frequently encountered as a legal problem. Thanks to the flourishing construction and housing projects in Turkey, these projects offer opportunities for attractive investment areas by people both in Turkey and abroad. The value of real estate and immovable properties bought in housing projects or large-scale investments increase day by day and yield lucrative profits to their investors. In this respect, together with the real estate bought, certain legal problems emerge. As it is the case with every field, consultation with and advice from unauthorized and incompetent people lead to further complicated and unsolvable problems. Law and Consultancy are the greatest aid in how it is very easy to solve problems within a frame of law that might occur during the course of time and life.
Renting out more than One Flat and Office and Follow-up Rental Fees
For the reasons mentioned above, when investors possess more than one flat and office, it may be necessary to manage the complex relationships. Or, in the event property owners who live abroad cannot come to Turkey as often as needed, they may experience problems and difficulties in renting out those flats or offices, and in collection of rental fees. They may need consulting for the best management of renting processes. In the professional sense, lawyers will be the greatest supporter of investors and people living abroad during this process. The process from the beginning when renting out properties up to the eviction of tenants is entirely managed in accordance with the applicable rules and regulations in the Turkish law. If a legally correct start is made, then the result is achieved.
Real Estate and Rental Law Consultancy and Lawyer Retainer Contract
In the event of consultancy services are received for real estate and rent, it is important, in terms of working discipline and responsibility, to begin with a work contract by identifying the subjects to be jointly worked and incorporating the subjects of working conditions, manner, responsibilities, fees, and preparation and submission of rental reports into the contract.
Scope of Consultancy in Real Estate and Rental Law, Finding the Right Tenant and Examination of Documents
One of the biggest reasons in disputes and problems in the rental law is the tenant. It is not possible to solve this problem at its origin. However, it is possible to have fewer problems that arise from the landlord-tenant relationship by taking a few correct steps. In identification of the tenant, consultancy firms should strictly have certain criteria and principles. Renting out a real estate urgently and working with unauthorized and incompetent real estate consultants only add new rings to problems.
The most important criterion in identifying a potential tenant is the intended purpose of use of the real estate to be rented out. Using the real estate outside the scope of its intended use may disturb both the property owner and the neighbors and cause inconveniences for them. In addition to this, work and business status, revenue and steady business of companies and people who will rent; income of the potential tenant, connection between such income and the payment of rental fees, if applicable, reasons for frequent change of rented flats or offices, and the records from the central civil registration system can be examined. The most important point is the credentials.
Drafting and Preparation of Contracts in Real Estate and Rental Law
One of the most important documents to solve easier the legal issues and problems that might happen in renting out flats and offices in future is the “Rental Contract.” A Rental Contract must be detailed, descriptive and clear. No point that can cause question marks between the parties should be omitted. Fixtures and furniture to be handed over together with the real estate must be described in detail by specifying brand, model, year and condition, etc. and be noted down in the contract and as well as in a delivery-receipt report.
You May Face Execution Proceedings when You Think You will be Paid Rent. But Why?
A rental contract must specify the method and term of payment of how maintenance and service fees and dues concerning the shared and common use areas of flats and offices will be paid. It should be kept in mind that pursuant to the property ownership law the landlords have first degree liability in the payment of such fees and dues.
Renewal of Contract in Real Estate and Rental Law
Start and end dates of rental contracts for flats and offices must be clearly specified in the contract. This is a major issue for future during renewal and termination of the rental contracts. In the rental law, termination of a rental contract and its notification to the tenant are subject to certain rules and time periods.
Such time periods are specified with the dates in a rental contract. Renewal of the rental contract, when we take a look from a legal perspective, should be determined based on the problems experienced with the tenant. Certain criteria such as payment of rent by tenant on a timely manner, fulfillment of commitments given and neighborhood relations in the shared living spaces should be taken into consideration. The landlord and tenant must definitely decide on these issues prior to expiry of the rental contract.
Concept of Payment and Collection of Rent in Rental Law
In the Rental Law, non-payment of the rent is one of the biggest problems. Therefore, collection and follow-up of the rent is important in terms of work discipline, which include regular follow-up whether the rent is paid on time every month, in case of non-payment, sending information messages and reminders and serving upon the tenant a notice and warning, and finally, initiating a legal action for execution proceedings for payment of the rent and eviction.
Settlements of the issues described above will be easier and cost-free if lawyers and legal consultants are involved in the processes. The most practical way to be taken in settlement of rental actions is legal knowledge, experience and precautions.
Most Practical Way in Eviction of Flat and Office
It should be remembered that procedures and actions for eviction of flats and offices rented out cause loss of time and money. Rental fees may not be collected in the actions for eviction as well as court expenses, charge advances, lawyer’s fee, eviction costs are all expense items to be borne entirely by landlords.
Legal Support and Consultancy Services for Rental Law
The healthiest way to solve the problems associated with renting out, drafting rental contracts, and collection of rental fees is to handle this process of renting out together with lawyer support and consultancy from the very beginning of the renting as a whole.
Renting and renting out is dealt with as a legal branch from the beginning to the end and it would be the best decision to carry out this process with the support of lawyers with legal training.
The mostly needed legal support and consultancy in the field of rental law is preparation of rental contracts, serving notices and warnings for non-payment of rental fees, execution proceedings for collection of unpaid rental fees, actions for eviction, and rent declaratory actions.
Submission of Tax Return for Rental Income
It is mandatory that tax return for rental income be submitted within the framework of certain rules within stipulated sums and time periods, and failure to submit the tax return or incomplete and missing submission result in serious penalties and sanctions. At this point, the rental law and the taxation law are operated together.