Real Estate Guide

How to Create a Tenancy Agreement: Essential Clauses and Signing Process

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How to Create a Tenancy Agreement: Essential Clauses and Signing Process

We explain step by step the essential legal elements of a tenancy agreement, how to prepare an inventory list and the signing process for those looking to rent a home, land or commercial property in Konya.

What Elements Should a Tenancy Agreement Include?

A tenancy agreement must be made in writing in accordance with Articles 299 and following of the Turkish Code of Obligations. The agreement must include the landlord, tenant, address of the leased property, rent amount, start date and duration of the tenancy.

While the absence of these elements does not invalidate the agreement, it creates significant risks in terms of proof. Especially with the rising rental demand in Konya, a written and detailed agreement protects both parties.

Essential Clauses That Must Be Included

A standard tenancy agreement should contain the following clauses:

  1. The full address of the property, title deed details and intended use (residential, commercial or land)
  2. Monthly rent amount, payment date, method of payment (cash, EFT, bank transfer) and the interest rate to be applied in case of late payment
  3. Rent increase rate and calculation method (12-month CPI average or fixed rate)
  4. Security deposit amount, refund conditions and circumstances under which it may be deducted
  5. Clear division of maintenance and repair responsibilities between tenant and landlord
  6. Who will pay for service charges, taxes, duties and other additional expenses
  7. Termination conditions of the agreement, notice requirements and eviction commitment
  8. Provision stating that the agreement is drawn up in two copies and that both copies are of equal value

The agreement should not be signed unless all of these clauses are included.

How to Prepare an Inventory List?

The inventory list details the condition and quantity of items in the leased property and forms an integral part of the tenancy agreement. An incomplete or inaccurate list can lead to significant financial losses for the tenant upon move-out.

Each item should be listed individually, with brand and model specified where applicable, along with its current condition (working/faulty). The list must be signed together with the agreement and supported with photographs.

Item CategoryExample ContentsCondition
Kitchen built-in set, refrigerator, dishwasherWorking condition
Living RoomAir conditioning, chandelier, parquet flooringGood condition
BathroomWater heater, shower cabin, fixturesNew

Both parties should read and approve the list.

Signing Process and Key Considerations

The agreement must be signed by both parties at the same time, in the same location and with wet signatures. It can also be executed with electronic signatures (e-signature), but both parties must hold valid e-signatures.

Two copies must be prepared at the time of signing, and each copy should be kept together with photocopies bearing the “certified true copy” stamp. Tenants and landlords should attach photocopies of their IDs to the agreement. Where possible, the agreement should be notarised. This facilitates enforcement proceedings.

Frequently Asked Questions

Is a tenancy agreement invalid if it is not notarised?

No, notarisation is not mandatory. However, a notarised agreement speeds up eviction through enforcement proceedings and strengthens its evidentiary value. Notarisation is particularly recommended for commercial leases in Konya.

Can the inventory list be on a separate page from the agreement?

Yes, it can. However, it must be clearly stated that the list is an annex to the agreement, that it has been signed by both parties and that the pages are numbered.

What should a tenant do before signing the agreement?

They should inspect the property in detail, check the inventory list on site, carefully read the rent increase clause and security deposit refund conditions. If needed, they should seek legal support from a real estate consultant.

When preparing a tenancy agreement in Konya, you can get support from the expert team at İnterkon Realty Group. A professional agreement helps you avoid both time and financial losses.

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