What Should You Consider When Buying Your Home from a Tenant? Damage Assessment and Legal Remedies

Residential Rents and Increasing Disputes in Turkey

Rising inflation and rising rents in Turkey have led to increasing disputes between landlords and tenants. The abolition of the 25% increase limit on rents as of July 1, 2024 has brought these problems to the agenda again. Landlords, especially those with damage to their homes, are curious about the legal processes and ways to resolve disputes with tenants. As CEESS Global, we have compiled the key points that landlords should pay attention to.

Check for Damage When Receiving the House from the Tenant

One of the most important issues that landlords should pay attention to when taking possession of the house from the tenant is the identification of existing damages. The furnishings or structural elements of the house may be worn out as a result of ordinary use, or there may be serious damage caused by the tenant's misuse. It is therefore important to correctly identify the source of the damage.

Expert Investigation and Legal Process

If serious damage to the home is found, it may be necessary to take the matter to court. During the court process, an expert will be appointed to examine the source of the damage. This examination is of great importance in terms of determining the damage and claiming it from the tenant. According to the established decisions of the Court of Cassation, the tenant is held liable in the event of damage to the tenant's home or by third parties.

Damage Assessment and Collection Process

When the expert report confirms that the damage belongs to the tenant, the landlord can apply for compensation by applying for execution. In the event of an objection by the tenant, the landlord may file an action for damages.

Points to Consider Regarding Damage

Other important points to consider when buying the house from the tenant are as follows:

• Inspect the house in detail: Check especially the walls, floors, doors, window frames and kitchen cabinets.
• Interview the Tenant: Clarify the source of the damage by having a direct conversation with the tenant to get information about the condition of the house.
• Take Photos or Video: Take photos or videos at the time of delivery to document the damage.