Legal Actions Against Tenants Causing Property Damage in Turkish Law

One of the most important obligations of tenants towards landlords is to use the rented property with care. However, sometimes tenants may damage the house intentionally or through negligence. In such cases, there are some important points that landlords should know. The actions to be taken regarding a tenant who damages the house are critical in terms of protecting legal rights and compensating for the damage.

In this article, we will examine the legal processes, damage assessment, reconciliation methods, compensation claims, and other actions to be taken regarding a tenant who damages the house in Turkish law. You can find the information landlords need to know to protect their rights and take the correct steps in this guide.

How is the damage caused by the tenant to the house determined?

The damage caused by the tenant to the house can be determined by the landlord regularly inspecting the rented place and, if necessary, taking photos/videos. Information can also be obtained from neighbors or a professional expertise report can be prepared. The extent and nature of the damage should be documented in detail.

How much time should be given to the tenant to rectify the damage?

According to the Turkish Code of Obligations, the landlord should give the tenant at least 30 days to rectify the damage. If the tenant does not rectify the damage within this period, the landlord can terminate the contract. However, in cases where the damage is very severe, termination is possible without giving a notice period.

What legal remedies can be pursued if the tenant does not rectify the damage?

If the tenant does not rectify the damage within the given period, the landlord can terminate the lease agreement and request eviction from the tenant. Additionally, a compensation lawsuit can be filed for the compensation of the damage. In Turkish Supreme Court decisions, it is stated that “in case the damage caused by the tenant to the rented property is not rectified, termination of the lease agreement and eviction can be requested.”

How should the damage caused by the tenant be documented?

It is important to comprehensively photograph and video record the damage. If possible, an expert or specialist report should be obtained. The testimony of neighbors can also serve as documentation. A detailed breakdown of the damage and estimated repair costs should be prepared in writing.

How much compensation can the landlord claim from the tenant?

The landlord can claim compensation from the tenant for the full amount of the damage. The important thing here is to determine the real extent of the damage. The amount of compensation is equal to the repair costs necessary to restore the house to its original condition. Excessive compensation claims will not be accepted by the court.

What can be done if the tenant refuses to vacate the house?

If the tenant refuses to vacate the house, the landlord can file an eviction lawsuit by applying to the court. The tenant can be forcibly evicted by court order. However, legal procedures should be followed, and attempts to forcibly evict the tenant should be avoided.

Is damage to the house sufficient for termination of the lease?

If the damage is significant and seriously violates the tenant’s obligation of care, it may be sufficient for termination of the lease agreement. In Turkish Supreme Court decisions, it is stated that “causing significant damage to the rented property is a reason for termination.” However, minor and insignificant damages are generally not considered grounds for termination.

How is the damage caused by the tenant evaluated?

Factors such as the extent of the damage, its nature, the degree of fault of the tenant, and the reparability of the damage are evaluated. For example, minor damages such as painting walls are evaluated differently from structural damages. Intentionally caused damages are also considered separately.

Can the landlord rectify the damage themselves and collect from the tenant?

After giving the tenant a reasonable period, the landlord can rectify the damage themselves and claim the expenses from the tenant. However, in this case, it is important that the expenses are documented and reasonable. The tenant may object if excessive expenses are incurred.

Can the damage caused by the tenant be covered by the rental deposit?

Yes, the damage caused by the tenant can be covered by the rental deposit. However, in cases where the deposit is insufficient, additional compensation can be claimed. When using the deposit, a detailed account should be provided to the tenant and documented.

What course of action should be taken if the tenant agrees to rectify the damage?

If the tenant agrees to rectify the damage, an agreement should be reached on the work to be done and the timeframe. This agreement should be made in writing and signed by the parties. It should be ensured that the repair is carried out by experts and the process should be monitored by the landlord.

What course of action is taken if the rented house is insured?

If the house is insured, a damage notification should first be made to the insurance company. The insurance adjuster will assess the damage and payment will be made within the scope of the policy. However, in damages resulting from the tenant’s fault, the insurance company may recourse to the tenant.

What can be done if the tenant intentionally causes damage?

In case the tenant intentionally causes damage, the lease agreement can be terminated immediately and eviction can be requested. Additionally, a criminal complaint can be filed within the scope of criminal law. In Turkish Supreme Court decisions, it is stated that “in case of intentional severe damage by the tenant, eviction can be requested without giving notice.”

Can the guarantor be held responsible if the tenant damages the house?

If there is a guarantor in the lease agreement, the guarantor can also be held responsible for the damages caused by the tenant. However, the responsibility of the guarantor is limited to the amount and duration specified in the guarantee agreement. The guarantor can also be approached for payment of the damage.

What is the statute of limitations for filing a lawsuit for damage caused by the tenant to the house?

The statute of limitations for filing a lawsuit for damage caused by the tenant to the house is 10 years, which is the general statute of limitations. However, it is important to take action as soon as the damage is detected. Waiting for a long time can create difficulties in terms of proof.

What can be done if the tenant refuses to rectify the damage?

If the tenant refuses to rectify the damage, the landlord can file a lawsuit by applying to the court for compensation of the damage. Additionally, the lease agreement can be terminated and eviction can be requested. In Turkish Supreme Court decisions, it is emphasized that “the tenant’s refusal to rectify the damage is a reason for termination.”

What can be done if neighbors are disturbed due to the damage caused by the tenant?

If the damage caused by the tenant also affects the neighbors, the complaints of the neighbors can be documented and used in the legal process. Additionally, complaints can be made to the municipality or other relevant institutions. The testimony of neighbors will be important in the court process.

Is damage to the house sufficient for the eviction of the tenant?

If the damage is significant and demonstrates the tenant’s breach of contract, it may be sufficient for eviction. However, each situation is evaluated on its own merits. Courts generally consider the nature and extent of the damage and the tenant’s attitude.

What happens if the tenant partially rectifies the damage?

If the tenant partially rectifies the damage, legal proceedings may continue for the remaining damage. However, the tenant’s good faith effort may be viewed positively by the court. The landlord may give additional time for the remaining damage to be rectified or may claim compensation.

Can the insurance company recourse to the tenant for damage to the house?

Yes, the insurance company can recourse to the tenant for the damage compensation it has paid. This is especially common in cases where the tenant is at fault. The tenant may have to pay the amount paid by the insurance company.

Can a penalty clause be applied for damage caused by the tenant?

If a penalty clause is stipulated in the lease agreement, it can be applied. However, the penalty clause must be reasonable and fair. Excessively high penalty clauses may be deemed invalid or reduced by the court.

Does the landlord’s permission is required if the tenant renovates the house to rectify the damage?

The landlord’s permission is required for renovations the tenant will make to rectify the damage. Especially renovations involving structural changes must be done with the landlord’s approval. Renovations made without permission can be considered as new damage.

Can reconciliation be sought for damage caused by the tenant?

Yes, parties can seek reconciliation by mutual agreement. This is usually a faster and more economical solution. The agreement reached as a result of reconciliation should be put in writing and signed by the parties.

Is a court decision necessary for the rectification of damage caused by the tenant?

If the tenant does not agree to rectify the damage or the parties cannot agree, a court decision may be necessary. The court determines the extent of the damage and responsibility and makes a decision.

Is an expert report necessary for damage caused by the tenant?

If there is a disagreement about the extent and nature of the damage, an expert report may be necessary. Especially during the lawsuit phase, the court may have an expert examination conducted. However, parties can also obtain expert opinions before the lawsuit.

What happens if the damage caused by the tenant decreases the value of the rented property?

If the damage caused by the tenant decreases the value of the rented property, the landlord can also claim compensation for the loss of value. In this case, in addition to rectifying the damage, the resulting loss of value also needs to be calculated.

What can be done if the tenant moves out after damaging the house?

If the tenant moves out after damaging the house, the landlord can still resort to legal remedies. A notice can be sent to the tenant’s new address requesting compensation for the damage. If necessary, enforcement proceedings or a lawsuit can be initiated.

What happens if there are special provisions in the lease agreement for damage caused by the tenant?

If there are special provisions in the lease agreement regarding damage, these provisions are applied first. However, these provisions must be within legal limits. Unfair or excessively harsh conditions may be deemed invalid by the court.

How can the landlord fulfill the burden of proof for damage caused by the tenant?

The landlord should document the damage in detail, collect photographic and video evidence. Testimony of neighbors, expert reports, and invoices related to repair costs are also important for proof. Documents showing the condition of the house before the rental can also be used for comparison.

 

 

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