When entering into a lease agreement or throughout the leasing process, tenants and landlords should be mindful of certain key points. Adhering to these measures will enable both parties to act in accordance with legal regulations and protect their rights. Here are some important factors to consider during the leasing process:
- Carefully read and discuss each clause of the contract before putting it in writing. Ensure mutual understanding and agreement before signing. Pay special attention to provisions such as the “acceleration clause,” which stipulates that if rent remains unpaid for several months, the upcoming months’ rent will also become due. It is crucial to be mindful of such clauses.
- After surpassing a lease term of 5 years, you have the option to initiate legal proceedings to adjust the rental fee to match the prevailing rates of similar properties. If you renew the lease annually, the 5-year period restarts. Therefore, it is important to monitor price fluctuations throughout the lease term and take necessary steps.
- Once the lease term exceeds 10 years, the property owner can request eviction without providing any justification. In this case, pay attention to the additional 1-year period and the notice period indicating that the contract will not be renewed. If a new lease agreement is signed each year, the 10-year period begins anew once the notice period has elapsed. Therefore, it is important to be aware of the eviction process during the lease term and take necessary steps.
- The validity of an eviction commitment is of utmost importance. Empty commitments given during contract signing are invalid and can even be proven with witnesses. Additionally, for residential properties, the spouse of the tenant should also sign the eviction commitment. This serves as a vital measure to prevent disputes during the eviction process.
- Pay attention to legal limitations on rent increases. Currently, the rate of rent increase for residential properties is limited to 25% until July 1, 2023. However, the rate specified in the contract applies to commercial properties. As a tenant, carefully review rent increases and ensure that your rights are protected.
- Remember the importance of written communication and documentation when exercising your rights. Maintain records of important matters through email or written correspondence (including SMS or WhatsApp conversations). This facilitates protecting your rights and presenting evidence in case of disputes.
- Understand and fulfill your maintenance and repair responsibilities. Familiarize yourself with the maintenance and repair obligations concerning the rented property as stated in the lease agreement or local laws.
- Be aware of your rights regarding the refund of your deposit. Research the legal regulations regarding deposit refunds for the rented property and follow the process accordingly. If you believe that your deposit is unjustifiably withheld, take legal steps to defend your rights.
- Prepare checklists before and after moving. Create detailed checklists for the transfer and return of the property. This is essential for identifying existing damages and providing evidence in case of disputes. Additionally, ensure that all items specified in the contract are delivered in a complete and satisfactory condition.