26.11.2025 00:41
The Turkish Code of Obligations clearly states that major repairs and structural issues arising in the rented property are the responsibility of the landlord. According to experts, tenants have the right to request reimbursement from the landlord for mandatory expenses they have to cover out of their own pockets, along with the relevant documentation. Court decisions also clearly outline the obligation for reimbursement in many cases, ranging from roof repairs to plumbing renovations.
One of the most confusing issues in rental relationships is which party is responsible for the expenses that arise in the property. Many tenants end up paying for major repairs that are actually not their responsibility. However, the Turkish Code of Obligations (TCO) places a significant portion of these expenses under the landlord's responsibility. According to experts, it is crucial for both tenants and landlords to make this distinction correctly.
LAWS PLACE THESE RESPONSIBILITIES ON THE LANDLORD
According to the Turkish Code of Obligations, the landlord's primary duty is to keep the rented property in a "habitable" condition throughout the contract. In this context, repairs that are structural, costly, and directly affect the functionality of the property fall under the landlord's responsibility. Expenses such as renewing the plumbing, replacing the boiler or heating systems, roof and exterior repairs, and comprehensive maintenance of the elevator are included in this scope.
WHAT HAPPENS IF THE TENANT PAYS A NECESSARY EXPENSE?
In practice, there are situations where some landlords delay renovations or avoid taking on expenses. If a problem arises that affects the safety of living or the usability of the property, and the tenant has to make the necessary expenditure from their own budget, they have the right to reclaim the amount paid from the landlord. The law defines such payments as "necessary expenses" and mandates their reimbursement.
SUPREME COURT DECISIONS ARE GUIDING
In the decisions of the Supreme Court, it is stated that the landlord cannot escape responsibility until the defect in the rented property is remedied, that the payment made by the tenant for necessary repairs must be covered by the landlord, and that the incurred expense can be deducted from the rent. Examples such as roof leaks, complete renewal of the electrical system, and the boiler losing its functionality clearly show that this financial obligation lies with the landlord.
TENANTS SHOULD KNOW THEIR RIGHTS
Experts state that every necessary expense paid by the tenant should be documented, and if necessary, sending a notice through a notary will facilitate the process. As a result, the landlord does not have the right to impose their own expense on the tenant. If the tenant has covered a necessary expense from their own budget, it is seen as both a legal obligation and a natural requirement of the rental relationship for the landlord to reimburse this amount.