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Old 19th January 2006, 23:10   #1 (permalink)
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Rental Legalaties in Turkey

Part 1!

Just thought I should share some very useful information with all the members who rent out their properties.

As I have had a few headaches and a lot of stress over renting, but have now got everything in order so perhaps this will help others avoid having any problems.

Basically it all started on Boxing Day, when the "Baskan" site manager, who is elected yearly on our complex came to my house Boxing Day, ranting and raving about people renting out their properties. He had printed out all the pages from my web site, and also all of the other owners who advertise on the internet. And he said he was collecting "evidence" to take to the Jandarma about anyone who rents their properties.

Basically saying we are running it as a business, and wants to know are we paying tax and he would not believe me, when I explained that there is an agreement between Turkey and the UK, so you do not pay double taxation.

So I am now fuming, and a little upset ( understatement!)

My property manager had been there translating for me, and also arguing the point on my behalf, and the other people on the complex that she also represents.

The next stage for us was to find out exactly what the legalaties were, and were we infact doing something wrong.

First step, we went and got tax numbers which took all of 10 minutes and cost nothing. This just meant we took our passports to the tax office, completed the forms, and we then both received our tax numbers. All very painless, and we should have done this before now.

Next step, we spoke to our local Jandarma, who actually wanted us to make a complaint about our "Baskan" as he says he is harassing us, and there is no a problem at all, about having guests stay in our apartment. But by law in Turkey, you should legally inform the Jandarma, when you have people visiting your property. This is why, when anyone arrives at a Turkish Hotel, their passport details are taken and given to the Jandarma/Police.

So we were told to go and "register" with the Muhtarlik which is basically like letting the council/village elders know who is in the area under their control. This is part of the council/belediye and cost us 12 ytl, to have 3 files made up, one for the Muhtarlik, one for the Jandarma, and one for us. This envolved, having 3 sets of photographs taken, our passports copied and our tax numbers copied. Then you take all three files to the Jandarma, which the Captain then signs, he kept a copy and a copy was then returned to the Muhtarlik after it had the Captains signature.

The purpose of these files, is that when any family/friends/guests arrive, they complete a form which will be ready at the apartment, and they have to put their full names, passport numbers and home address. Then my property manager will take a copy for the Muhtarlik and also to the Jandarma.

I also have obtained a translated copy into English of the Mugla general sitesi/complex rules, so that I could confirm that there was not a rule saying I could not have guests at my house. I will get a copy put on the forum, in English, but it will take me quite some time to type it all out. The rules do confirm, that I should inform the authorities/baskan of guests staying at the property.

I also spoke to several emlaks/estate agents who spoke to their solicitors and accountants as to which way I should go, with regards to tax. It has been suggested that I pay "Income Tax" for any rentals in my property. But this means I cannot claim any outgoings I have on the property. Income tax forms have to be completed at the end of January, so I have already paid the accountant 200 ytl and I will be emailing him, my income from the property and he will then submit this to the tax office and I can make payments in two stages, March and July. When I know how much I have to pay, I will let you know.

I have also spoken to the British Consulate in Marmaris, who confirms, that there is no problem about having guests, but I should pass on the information to the authorities.

So all in all, I am completely legal. I had another meeting with the complex Baskan, and he did not shout at me this time, as he now realises, I have done everything correctly and am probably more legal than he is, as he also rents out his property for long term rentals, which makes me wonder? Does he pay income tax on his earnings!

I also had to get a written valuation from my local council for the value of my property, this is needed for the accountant (not quite sure why?) This cost me 15 ytl to have it done and there is one for myself, and one for Gary.

In total, it took me 3 days to get everything sorted out, but this was because no one really knew how to go about things and get everything sorted out. It would only take a few hours to get everything done, knowing what to do, and where to go.
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Old 19th January 2006, 23:12   #2 (permalink)
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Re: Rental Legalaties in Turkey

Part 2. Translation of General Complex Rules for Mugla

Item 1) In accordance to the “Flat Ownership Law Regulations number 634” real estate which is mentioned above and ownership of it will be changed to flat ownership in condition to keep legal rights and guaranteed to the forced rules: will be managed in accordance this management plan.

Item 2) These apartments can be used only for a domicile as it is seen in the project of the real Estate which is depended on Flat ownership and consist of 6 Block (ABCDEF) and all 40 are independent.

Item 3) Independent parts of the real estate, except appropriated places, mentioned in the 4th item of the Flat ownership Lat, This Place is a shared place with other necessary plots for common use, protective and for utilize of Flat owners.

Item 4) Management Plan obliges to the owners of all independent parts of the Real Estate and their inheritors and Third parties who were acquired to the independent parts afterwards due to any reason. It is required to get unanimity of Flat owners to change the Management Plan.

Item 5) In case of absence of rules and not mentioned in this in this Management Plan, In the Title Deed Office or at the contract are signed by flat owners in this in case of The Flat owner Law, Code of Civil Law, and other related Law Rules will be applied.

Item 6) Flat owners have all authorities on the own independent divisions given by Code of Civil Law. In condition keeping rules and rights legally in Management Plan, the Flat ownership Law and in contracts. However, at their own independent parts they can not instruct the enterprise and make any repairing which would give damage to the building.

Item 7) Flat owners have utilize the rights to use common places, at all shared places of the Real Estate, in accordance to the Common Ownership Rules of Code of Civil Law.

Item 8) Flat owners are obliged to take great care for up keeping and cleaning and protection of the common places. In common places, it is not permitted to build and construct enterprise etc… Unless getting all flat owners consent.

Item 9) Flat owners must obey to the good faith rules while they use both their own independent parts and additions or use to the common place. They can not use their own independent parts as contrary to the ethics and customs. They can not shake down the rugs and carpet etc… From windows, can not throw rubbish, etc At independent Parts. It is also not permitted to open amusement places like cinema, theatre, coffeehouse, casino, night club, Bar and restaurant, pastry shop, manufacture place, painting store, and similar places unless have got decision by the Board of Flat owners by a unanimous vote. Owner of the commercial shops can’t use their shops for works, which would be give trouble to other flat owners and can not give permit other people to use either. It is not permitted to arrange meetings, to keep explosive material in manner to trouble to the other flat owners, further, can not feed to Dog, cat and other animals.

Item 10) Flat owners should allow entrance to their independent divisions for removal of any damage/failure that may occur in other independent divisions or in commonly shared divisions if requested. But this request has to be for a convenient time of the day and all damage should be fixed/arranged by the person who caused such defects.

Item 11) All flat owners residing in such independent divisions should obey all facts outlined above in clause 10.

Item 12) Flat owners should contribute any expense of the real estate in accordance to the independent division’s to any expense of common used places and facilities care, repair and renewal that has been stated in the law and agreements. But in block buildings, if any matter arise then flat owners board will consist of the flat owners only in that block.

Item 13) None of the flat owners can abstain from the expenses or advance payments by stating that “they do not use or need to use” the common places or establishment.

Item 14) If the common expenses occur by one of the flat owners or by anyone residing in that independent division, then this damage/error will be in the responsibility of that independent section’s owner or the person residing there.

Item 15) Flat owners have the right to go the court or to refer to the court bailiff for flat owners who do not pay his/her share in advance payments or common expenses.

Item 16) If the independent division has been rented and if the flat owner does not pay his/her share in advance payments or common expenses in a week’s time after a warning has been made through the notary or by the signature of the flat owner, then the amount is credited to the account of the tenant. If this debt of the flat owner is obtained as stated above, then the right of mortgage occurs according to clause 27 in flat owners law.

Item 17) The flat owners have the right as per the clause 25 in flat owners law to request from the court/judge to transfer all rights of the flat owner’s possession in the independent division only if that flat owner infringe his/her responsibilities to an unbearable point for the other flat owners.

Item 18) The flat owners board consists of all independent division flat owners in the real estate and by keeping the rights of the related laws this board administers the real estate and decides upon the method of administration. Each independent flat owner is a natural member of this board.

Item 19) All disagreements of the administration or the use of the real estate occurring between flat owners is to be solved by the flat owners board. In case of unsolved matters, flat owners Law is applied.

Item 20) All flat owners, their legal successors or others who have by any reason occupied that independent division or those flat owners who reside there are bound to the decisions of the flat owner board.
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Old 19th January 2006, 23:13   #3 (permalink)
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Re: Rental Legalaties in Turkey

Part 3.


Item 21) Flat owners board gathers in he first ten days of either July or September. The meeting’s place and subject should be declared by the administrator to all flat owners by taking their signatures at least 3 days before the meeting. If there are not enough participants of flat owners at the first meeting then the second meetings place and day should be decided during this first meeting.

Item 22) During meeting, only subjects on the agenda should be discussed. But if one third of the present members request, then other subjects are also open to discussion. One member is appointed as chairman to administer the meeting.

Item 23) All independent division owners have one vote at the flat owners board without considering their plot proportion. If one owner owns more than one independent division a the real estate then he/she has one vote for each independent division they own. But the number of votes for such owners can not exceed one third of all the counted votes. A third person can represent flat owners who are absent at the meeting by obtaining a signed document from the absent flat owner. Invitation to flat owners meeting can be announced to flat owners as well as tenants residing on the independent division. Flat owner’s law and regulations mush be applied to tenants also as much as possible.

Item 24) The flat owners board needs more than half of the owners and plot proportion together and decides by unanimity. If the number of attendants to the meeting are not enough for the first meeting, then the second meeting should be prepared no later than a week’s time without taking notice of quorum and decisions will be taken again by unanimity. The regulations regarding quorum in flat owners law can be used when necessary. (See flat owners law clause 24 – 28 – 34 – 42 – 44 and 45)

Item 25) All decisions taken in the flat owners board are declared to flat owners who were absent during that meeting.

Item 26) Decisions of flat owners board are manuscripted in order into the register authorized by the notary. Also the thoughts of flat owners who voted against the decisions are manuscripted in the registry as well.

Item 27) Flat owners and the administrator: who are effected from the flat owner that does not obey decisions taken by the flat owners board and thus not completing his/her responsibilities and debts, can request from the judge by applying to reconciliation court for their debts and responsibilities to be completed by referring to the flat owner law regulation number 33.

Item 28) Flat owners board chooses one administrator and done inspector in its yearly routine meeting.

Item 29) If the flat owners can not decide on the election of the administrator, then one of the flat owners can apply to reconciliation court for the election. The administrator appointed by the court can no be changed for six months unless there is a written permission from the court.

Item 30) Flat owners board decides if any salary will be distributed to the administrator or not. If the administrator is elected from outside the real estate, then a contract is prepared and signed.

Item 31) Apart from carrying out flat owners law, other laws and regulations stated in the administration plan, the administrator has to follow decisions taken in flat owners board., the use of the real estate according to its purpose, to complete repairs, show attention to the real estate, to collect and spend the advance and expenses potions, to act in accordance with flat owner law and board administration plan for flat owners that do not oblige to their responsibilities.

Item 32) The administrator has to declare all expenses and collected funds up to the date when the meeting is held in either July or September. Also if more than half of the flat owners request, the administrator has to declare all expenses and collected funds apart from the meetings.

Item 33) The flat owners board inspects the administrators manner in his/her deeds. The inspector is elected by the majority of number and plot and outcome of the inspections are given to the flat owners board.

Item 34) Flat owners or other people and their relatives residing in any of their divisions are responsible for any damages that may be caused by their children on the real estate and such damages should be covered immediately. Also the above stated are responsible for their children for not playing in areas that have not been adjusted to them and also for the children not to cause any disturbance.

Item 35) Flat owners should advise the names and surnames and work addresses of new tenants or of people residing in flat owners division.

Item 36) It is with unanimity of the flat owners board according to clause 44 of flat owners law to construct any additional flat above the real estate or to change or add new parts to the plot or to the ground floors. The entrance/exit road within the site is be to used only for the emergency situations. No motor vehicles can park within the site.

Item 37) As per clauses 42 and 43 of the flat owners law, all upgrades and useful changes within the common places and their instalments, care and management are all paid/covered by flat owners.

Item 38) The colour of the paint on independent divisions can only be changed by the unanimity of all flat owners. Also all railings, slatted shutters can be constructed in independent divisions only the decision the flat owners board will take. In this matter the owner copyright permission is necessary.

Item 39) Savings in the real estate such as dividing the plot and to transfer the divided part of the plot to someone else or to use the roof of the building for commercials can only be decided by the unanimity of the flat owners board.

Item 40) It will be acted according to the regulations of flat owner law if the real estate becomes nationalized or if a whole or any part of the real estate becomes ruined.

Item 41) It is hereby confirmed that the above has bee read by us and the content of this management plan has been prepared according to our will on the date of ……../……./………..
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Old 19th January 2006, 23:14   #4 (permalink)
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Re: Rental Legalaties in Turkey

There is an update of a letter the "baskan" has sent to each property owner, but I will add that later, after I have had some comments and hopefully some feedback on this matter.

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Old 20th January 2006, 00:13   #5 (permalink)
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Re: Rental Legalaties in Turkey

Jo thanks so much for this information, i have made it a "sticky" that way it will always be visiable on the rental forum, the information you have taken the time to compile will I am sure be useful to many other members.

Thanks again.
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Old 20th January 2006, 08:57   #6 (permalink)
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Re: Rental Legalaties in Turkey

So, does the phrase - Item 2) These apartments can be used only for a domicile as it is seen in the project of the real Estate which is depended on Flat ownership
restrict you from renting? Is it common on site contracts and what are the consequences for breach?
Essentially, was the site overseer correct, even if just being difficult?
Dunning-Kruger Effect = stupid people think they are intelligent, and so they keep talking when they should shut up
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Old 20th January 2006, 10:33   #7 (permalink)
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Re: Rental Legalaties in Turkey

Immac No thıs does not stop you from renting long or short lets, ıts there to stop you usıng the apartment as an offıce, say for car rental or tourism busıness without the express permission of everyone in the block. An example if you want to open an internet cafe in the ground floor of a block then you have to get all the residents signatures before you can do it.
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Old 20th January 2006, 12:14   #8 (permalink)
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Re: Rental Legalaties in Turkey

This is a translated letter that I received yesterday, I was given this letter in Turkish by the "baskan" the day before I left, but only today have had it translated.

02 / 01 / 2006

Dear Residents of Housing Complex,

Housing Complex of Art Marmaris Evleri; is shown as model houising complex for its cleaniless, order, arrangement, reliability by Mayor, other authorized institutions, Gendarme ( Jandarma) and surrounding housing complexes with praise and admiration. This praise and admiration is sign of cooperation within alliance, togetherness and harmony of Residents of our Housing Complex and Manegement Comittee.To protect this attitude and to carry on its continuality again lies within our responsibility in harmony and understanding. Therefore, we don’t have any doubts that Our housing complex residents will do what is needed by taking consideration of the explained and stated clauses below importantly.

1. Our housing complex’ s all common using buildings and establishments are desinged and built in the case of only residence owners of housing complex using and it is not open for using to outside. Management is in authority legally for the subjects of providing security of residents’ life, possession, peace and security in the housing complex; applying of decisions which were taken, rules and regulations; individuals following and obeying to these and management have to cooparate with the Security Powers (Jandarma) for these subjects and this cooperation contiunes and that is valid for any subjects. But some of our housing complex residents had gone to marketing course the housing complex with the apart, otel and pension mentality by not taking into considerations of these, by putting advertisement in to the Web Sites. In the 2005 summer period, indivuals as crowded groups who does not have any rigths had been sended away in the weekly and fortnightly sessions; squabble had been experienced with the persons who make trouble of applications of the rules and regulations which are compulsory to housing complex’s obbeying; they had spoilt the housing complex’ peace.To place under control of the security had been to get difficult. The owners of the flats who are in charge of the stiuations and events do not have any rigths to put on the spot the neither the management nor the housing complex residents and spoilt the peace by marketing the residing flat to the others. We hope to not experience these events in 2006, and hope the flat owners who are in charge to be sensitive and to end up this stiuation as very earnestly and them to not to give occasion to other precautions and legal process sanctions about them.
2. Blockage of the dirty water passing to sewerage system and main canal joint with toilet papers, fabrics etc. materials that were thrown away to toilets has been determined. Please it is requested that to apply of not throwing away the blocking materials like these.
3. Concerning about the subject of hanging out the laundry within our housing complex’ s garden which is being very important in terms of apperance and hygiene from tree to tree, within the balcony/ terrace; It is requested importantly that please dry the cloths only on the cloth drying hangers due to approval of demands and warning messages of other housing complex residents who transmit these unplesant images .

Dear Housing Complex Residents,

As the Management Assembly, we wish peacfull and safe life as being sure of you to perform the necessities and to take into consideration of this scriptural text that is very important in the terms of Housing complex and its residents’ benefit, peace and security.

King Regards,

Any further thoughts and comments very much appreciated, because I am not a happy bunny at the moment.

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Old 21st January 2006, 08:19   #9 (permalink)
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Re: Rental Legalaties in Turkey


I think whats happened here is that possibly some of your guest have not been mindful of the other resiedents in the block. Dare I suggest possibly being loud after a few beers late at night etc!! and that has upset the other residents, I would suggest that you sit down and have a chat with the Baskan Quietly and calmly and see if you can resolve the situation. I would think that they are unlikley to legally stop you from letting as after all you are letting out an apartment for people to live in allbeit on very short term lets, as long as you are complying with the law and paying tax etc. However you need to address the problems that your guest or other owners guest are causing.
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Old 21st January 2006, 14:01   #10 (permalink)
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Re: Rental Legalaties in Turkey

Hi Bryn,

I have already been told that none of my guests have ever caused a problem. I am always very careful about the type of people that I rent the apartment too. As, I am very aware that there are some families that live on site.

I have actually refused guests because I do not think they are the right type of people, and have left the apartment empty. I point out to everyone, that this is a very quiet complex and only suited for people looking for a quiet holiday.

He even introduced a rule, saying that no inflatables are allowed in the pool, and a retired English lady resident who was floating in the pool on a bright pink airbed, he called the Jandarma too. To have her removed from the pool. Strangely enough they have now sold up and moved!

The strange thing is he has both his properties up for sale, and at very over the top prices, but has described them as "ideal" for holiday home, and holiday rental investments. His one property he rents out on longer term rentals, and has at least 3 different rentals in since May of last year.

Nearly 75% - 80% of the apartments are owned by either Turkish or Europeans, for the purpose as holiday homes, the pool is large, and I have never yet seen more than 14 people around the pool and that is not normal, as there are only ever about 6 - 8 people around the pool at any one time, leaving at least 20 sunbeds unused. Most of the time, there is no one in the pool, as only the Europeans are daft enough to sit in the sun during the day, and the Turkish families tend to use it late afternoon or evening.

I have been told of one incident on the complex, that was cause for complaint and concern, and this involved Turkish people who were renting on a long term basis.
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