Due to the rent increases in Türkiye and the need for housing, tenant -house -owned disputes are increasing day by day. In these disputes, one of the most frequently resorted ways of the landlords warning to the tenant is happening. So what is the warning, in which situations and how does it become valid?
What is the warning?
The warning is in writing that a right shall be exercised or that an obligation should be fulfilled. In rent law, the warning is usually withdrawn for the following reasons:
- Not to pay the rent,
- The tenant behaves in contradiction with the lease agreement,
- Requiring the house to be evacuated,
- Notifying that the rent increase will be applied in the new period.
By sending the warning through the notary public, he will officially warn the tenant and obtain evidence for the future lawsuit.
Ask the lawyer: “What errors are made most while attracting warnings?”
We met rent lawyerHe states that the biggest mistake made in practice is to settle for the oral warning:
“Many host tenants only call and warn by phone. However, this is not legally valid. The warning must be sent in writing through a notary public to be official valid. In addition, the content of the warning must be clear.
The lawyer also, if the rent is not paid on time two justified warnings reminds the rule:
“According to the Turkish Code of Obligations, the tenant who pays the rental price twice within a year is withdrawn, the host will have the right to terminate the contract. However, in order to apply, the warnings must be made through a notary
Ways to attract warning to the tenant
- Through the notary: It is the most reliable method. The notary records the officially records and communicates to the tenant.
- PTT Contributed Letter: Although not as strong as the notary public, it is written evidence.
- Electronic Notification (E-Tabligat): If the parties have an electronic notification address, the warning can be taken in this way.
How should the content of the warning be?
- Name, address of the parties,
- The date of the lease agreement,
- The subject of the warning (eg: rent debt, release request, increase notification),
- The amount and time to be paid,
- Signed and dated notification.
The warnings containing incomplete or ambiguous expressions in the future tenant evacuation case may cause problems in the process.
Precedent decisions from the Court of Cassation
- The warning with the tenant who paid the rent debt twice was deemed to be valid and the contract was decided to terminate.
- The warning with uncertain content was not accepted.
- The handwriting warnings sent outside the notary public were not accepted as evidence.
These decisions show how important it is to make the warning duly.
Suggestions for landlords and tenants
- The landlords must send the warning through a notary.
- The tenants should carefully examine their content when they receive warnings and use their right to appeal if necessary.
- The parties are an expert in order to avoid loss of rights in the warning process. rent lawyershould receive support from.
CONCLUSION
Termeter is one of the most frequently used ways in disputes between the landlord and the tenant. However, in order for this procedure to be valid, legal procedures must be carefully applied. Wrong or incomplete warnings can leave both the landlord and the tenant in a difficult situation in the future.
In order to avoid loss of rights, the warning process is an expert rent lawyer It will be the safest way to be carried out with the parties.
