Legal Advice for Commercial Lease Contract in Turkey

Commercial Lease Contract in Turkey

SUGGESTIONS AND NOTES

Commercial Lease Contract in Turkey

1. While making the contract, the identity of the parties, employment documents, etc. attaching photocopies to the contract,

2. Correctly writing the names and surnames of the parties and the address of the rented person,

3. The rental fee should be written in numbers and words, and if the rental fee is written on the back page, care should be taken to ensure that it is the same as the front page.

4. If there is an increase condition in case of renewal of the contract, this should be stated clearly in a way that will not cause disputes,

5. If assurance (guarantee, deposit) is taken, this should be clearly stated,

6. If the rental agreement is made through an attorney, this issue should be clearly written in the agreement,

7. If the tenant or lessor is a legal entity, investigating whether the person signing the contract has the authority to represent the legal entity and adding the signature circular to the contract,

8. Considering that the salaries of SSK and Bağ Kur retirees cannot be seized,

9. After the contract is concluded (in order to eliminate the possibility of paying penalties and interest later), go to the relevant tax office and deposit the stamp duty related to the contract within the legal period in accordance with the Stamp Duty Law No. 488,

10. For workplace rents, tenants must deposit the income tax withheld from the rent they pay to the tax office to which they are affiliated.

11. In some workplace lease agreements, it is decided that the rent to be paid should be net. In this case, the tenant will pay the rent net, and also calculate the full rent and withholding tax, accepting the net withholding tax paid and deposit it to the tax office.

12. In workplace lease agreements where it is agreed that the rent will be paid net, in case a rent determination lawsuit is filed, the rent money determined (in line with the decisions of the Supreme Court) is the gross rent money without withholding tax, and the tenant will deduct the withholding tax from the determined rent money and deposit it to the tax office.