The Tenant's Responsibilities Under the Turkish Condominium Law

The Tenant Is Also Bound by the Building\'s Rules

According to the Turkish Condominium Law, a person who occupies an independent unit as a tenant or in another capacity is also obligated, like the owner, to comply with the building's order. That is, a tenant cannot say, "I am not the property owner, the rules do not bind me." The obligation not to disturb neighbors, to use common areas properly, and to comply with the rules in the management plan applies to the tenant as well.

Is the Tenant Responsible for Common Expenses?

Regarding this matter, it is necessary to understand well the relationship between the rental contract and the law. If the rental contract states, "the tenant pays the dues," the tenant has undertaken this obligation toward the landlord. However, from the management's perspective, the main responsible party is, as a rule, the owner. In practice, in many buildings, the tenant pays the common expense directly to the management.

The important point is this: for certain types of expenses, the law holds the resident directly responsible. Especially in usage-based expenses (for example, actually consumed services such as heating and hot water), the tenant may be directly addressed. This distinction varies according to the type of expense and the management plan.

What Happens If the Tenant Does Not Pay Dues?

When the tenant does not pay the dues, the management, as a rule, applies to the owner; because the main addressee of the common expense obligation is the owner. The owner may then claim the amount paid from the tenant within the rental relationship. For this reason, in the landlord-tenant relationship, clearly writing in the contract by whom and how the dues will be paid prevents future disputes.

The Tenant Also Has Rights

Alongside the responsibilities, the tenant also has rights. The tenant has the right to see that the common expenses paid are correctly calculated and to benefit from the common services the building must provide. When transparent management provides the tenant with access to debt and payment information, trust is established for both the tenant and the owner. Being able to see one's own debt and payment history on a digital panel facilitates this transparency for the tenant.

Can the Tenant Attend Board Meetings?

The board of unit owners is, as its name implies, the organ of the owners; the right to vote belongs to the owners. As a rule, the tenant cannot vote. However, the owner may authorize the tenant in writing to represent them at the meeting. In this case, the tenant acts in the capacity of the owner's representative.

Common Mistakes

• Not clarifying dues in the contract: If it is not written who pays the dues, disputes arise between the owner and the tenant.
• The tenant ignoring the rules: The tenant is also obligated to follow the building's order; otherwise, the management and the owner intervene.
• The owner forgetting their responsibility: Even if the tenant does not pay, the main addressee before management is generally the owner.

Related Topics

We covered the responsibility for dues between the tenant and the owner in our tenant or landlord article, the obligation not to disturb neighbors in our neighbor disturbance article, and the management plan that sets the building's fundamental rules in our management plan article.

This content is for informational purposes. The tenant-owner responsibility sharing varies according to the contract and the management plan; obtain legal opinion if necessary.