New tenants’ nightmare: ‘I’ll sell the house if I don’t get up’

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Property and rent prices, which are rising every day, continue to make tenants suffer. Hundreds of thousands of tenants, who have had to deal with illegal ‘intermediate increase’ demand from homeowners, now face the ‘threat of selling their homes’. Some landlords transfer their homes to a relative using the hulle method to evict their former tenants, or they annoy the tenant by declaring that they will.

“OR YOU GIVE TWICE OR SELL THE HOUSE”

One of the tenants under pressure from ‘Sale with Hulle’ is KK, resident in Istanbul Kurtuluş.

Explaining that he rented the house he had lived in for 11 months for 3,250 lire, KK said: “As the lease period approached, my landlord wanted to increase the rent to 7,000 lire. When he objected to this rate by more than 100%, he threatened to sell the house. He said I would be forced to evacuate when the house was sold. I was confused about what to do.” he said.

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“IF THERE IS NO INTERMEDIATE TIME, IT WILL SELL”

Ş.Ç, who lives in Küçükçekmece, suffered a similar complaint. vivid. Explaining that the landlord demanded a provisional increase of ‘one thousand lire’ for his apartment for three years and rented 2,800 lire, Ş.Ç. “He asked for a raise before the end of the year. When I said he couldn’t, he declared he would sell the house. If he does, he will. I won’t leave the house. Legal rights to the fullest.” he said.

DOES SELLING THE HOUSE MEAN LEASE?
‘CONTINUE CONTRACT’

So, is it enough for homeowners to “sell the house to take out the tenant”? According to experts: No. Recalling that even if the house is sold, there is a right of residence for at least six months, the president of the Istanbul Chamber of Realtors, Nizamettin Aşa, issued notable warnings.

“We’ve heard that some landlords have acted this way due to rising rents recently, but the law is also very clear here. The new home owner and tenant continue to maintain the legal ‘rental relationship’ under the old lease, even though the landlord sells the house or transfers it to someone else while the tenant is inside. Asha said:

— No need to re-hire with the new owner. However, the new landlord must inform the account number and the document that he has the deed. In short, the tenant does not need to vacate the house immediately just because the house has been sold.

“NOTICE TO LESSEE NEEDED”

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— The new owner, who has already purchased the house from the tenant, must send a notice to be received by the tenant within one month from the date of transfer of the deed. This is actually very important… Notice must be given to the tenant within one month from the date of transfer of the deed. In this notice, it is requested that the house be evacuated within six months or simultaneously with the expiry of the previous lease.

IF NOT DOWNLOAD WITHIN 6 MONTHS?

— But let’s say six months passed and the lease expired and the tenant didn’t want to vacate the house. Then the owner has the right to file an eviction action. This case may continue for more than a year. However, tenant responsibilities do not change just because there is a lawsuit. The tenant has to pay the regular rent by making the statutory rates increase.

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“THE DEPOSIT ALSO GOES TO THE NEW OWNER”

— In fact, a crisis in the warehouse may arise. For example, let’s say the house with an ongoing lease agreement has been sold. Disputes may arise between the old and new owner over who receives the deposit. In case of sale of the house whose contract is still in progress, the new owner becomes the most up-to-date part of the contract. In this case, the former landlord is obliged to hand over the deposit amount to the new landlord. At this point there may be discussions because there is not much information.

New tenants nightmare: I'll sell the house if you don't get a raise

“INTENTION IS IMPORTANT”

Real estate investment expert Serkan Yazıcı, who stated that there were many events in Istanbul, stressed that the form of ‘deal’ should be chosen if possible.

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Yazıcı said, “The main thing here is the intent. Yes, many opportunistic homeowners sell with the hull to increase the rent, but there are also homeowners who are really hurting. Many people who get tired of the owner and buy a house by selling all their possessions too they are victims because they cannot get the current tenant out. I come to an agreement with the tenants of the houses. Keeps the six-month legal process waiting, if need be, and I don’t even care about the last few months’ rent. No one is victimized when a mutual goodwill agreement is reached. But that doesn’t mean that malicious hosts don’t exist. Tenants and landlords must pursue their legal rights. he said.

HOW MUCH DOES A HOUSE COST?

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According to the law, 4 per thousand of the declared sale price of a home is considered tax. In addition, a deed fee of 685 lire is charged. For example; The cost of selling a house worth one million lire is 40,685 lire.

In other words, if the value of the house you live in is one million lire, then the cost of the owner trying to transfer your house to someone else to evict you, even in the form of a hull sale, is at least 40 thousand 685 lire. This number increases as the price of the house increases.

IF THE SALE IS PROVEN WITH HÜLLE?

of tenants; If they prove that they have moved out of the house they live in because of the hull selling method, ‘hull owner’ owners can face very severe financial compensation penalties. According to the lawyers, after proof of this situation by the injured tenants, landlords can be faced with fines of tens of thousands of lire, such as ‘moving costs’, ‘new house cost difference’, with the relevant laws.

ARTICLE ANNOUNCED BY SPECIALIZED LAWYER

Lawyer Sıdıka Şahinler, who defended a similar case between landlord and tenant, also gave tenants golden warnings.

Explaining tenants’ legal rights and ‘what they must do’ item by item, Şahinler made the following warnings:

— Acquisition of the property; sale, exchange, donation or court decision, forced execution, inheritance, sharing of inheritance, acceptance into a cooperative society, acquisition of property by the company as capital of the company. In recent years, despite the tenant being under high legal protection, the current economic situation is getting worse every day, landlords cannot legally increase the rent price, and when they cannot find a legal reason for the tenant eviction, they try to arrive at the result of the eviction by collusion.

HOW IS THE HÜLLELİ SALE MADE?

– Muvazaa is the collusion between the parties of a legal relationship to deceive or harm third parties, to create an appearance that does not match their real will and does not produce any judgment or result. Most of the time, property owners transfer the property in the deed, making an agreement with their relatives or third parties they trust a lot, as if they had made the sale of the property. The issue of evacuation of the leased property due to the need of the new owner is regulated in article 351 of the Turkish Code of Obligations No. 6098.

– If the person who acquires the leased property later has the obligation to use it for himself, his spouse, descendants, descendants or other people whom he is obliged to take care of due to housing or work needs, the lease is concluded after six months, provided that the lessee is informed of the situation in writing within a period of one month from the date of acquisition, which may end in legal proceedings. The person who subsequently acquires the leased property can also make use of his right to terminate the contract out of necessity by means of a lawsuit to be filed within one month from the end of the contract term.

LEGAL DECISIONS

Recalling previous Supreme Court rulings, Şahinler invited all tenants to pursue their legal rights.

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