In the absence of a special provision in the lease agreement regarding who will pay the building expenses, the tenant’s responsibility is determined according to whether the rented property is subject to the Condominium Law (KMK) and the nature of the expense.

Situation in Properties Subject to the Condominium Law

If the rented property is subject to the Condominium Law (a main property consisting of independent sections such as an apartment building, complex, or business center), building expenses are generally handled according to the provisions of the KMK.

Responsibility of the Condominium Owner: According to Article 20 of the Condominium Law, each of the condominium owners is obliged to contribute to common expenses such as insurance premiums for the main property, maintenance, protection, reinforcement, and repair expenses for all common areas, manager’s salary, doorman, stoker, gardener, and security guard expenses, and to advances to be collected for them, in proportion to their land shares, unless there is an agreement to the contrary.

Tenant’s Responsibility Towards Management: In accordance with Article 22 of the Condominium Law, the tenant, who continuously resides in the independent section based on a lease agreement, is jointly and severally liable with the condominium owner for the expenses and advance payments owed by the condominium owner according to Article 20, and for late payment compensation. This means that the building management or other condominium owners can directly apply to the tenant for common expense debts. However, the tenant’s responsibility in this regard is limited to the amount of rent they are obliged to pay.

Set-off of Payments Made by the Tenant: Payments made by the tenant within the scope of KMK Article 22 are deducted from the rent debt.

Internal Relationship Between Lessor and Lessee (If There is No Provision in the Contract)

The absence of a specific provision regarding common expense liability in the lease agreement determines who will ultimately be responsible in the internal relationship between the lessor and the lessee. In this case, general principles and the provisions of the Turkish Code of Obligations are taken into account according to sources:

General Rule: If it is not stipulated in the lease agreement who is responsible for common expenses, it should be accepted that the tenant is responsible according to the general rule. This means that the lessor can demand the common expenses paid to the management from the tenant.

Distinction According to Expense Types: Considering the distinctions in the Turkish Code of Obligations and sources:

Ancillary expenses related to the use of the leased property or cleaning and maintenance expenses necessary for ordinary use (TCO 317) are generally the tenant’s responsibility. Accordingly, common use and management expenses such as “fuel, maintenance and repair, water, electricity, cleaning, elevator, doorman” can be cited as examples of expenses that should be the tenant’s responsibility as they directly arise from the ordinary use of the leased property. “Common expense fee” is also generally considered within the scope of the tenant’s responsibility (Source 27).

Permanent expenses arising from the leased property itself, such as major repair expenses, structural alterations, or strengthening of the independent section (TCO 302, 303), are expenses that fall under the responsibility of the lessor (owner).

Tenant Incurring Expenses for Which the Lessor is Responsible: If the tenant incurs mandatory expenses that the lessor should have made, these expenses can be deducted from the rent.

In Conclusion:

If there is no specific provision regarding building expenses in the lease agreement: In properties subject to the Condominium Law, the tenant is jointly and severally liable with the flat owner towards the management. However, this liability is limited to the rent amount that the tenant is obliged to pay, and payments made by the tenant are deducted from the rent debt.

In the internal relationship between the lessor and the lessee however, the general rule is that the tenant is responsible for common expenses. A distinction is made based on the nature of the expense; expenses related to the ordinary use and operation of the leased property (dues, fuel, cleaning, doorman, etc.) are generally considered the tenant’s responsibility, while expenses related to the structure or fundamental repair of the immovable property are the lessor’s responsibility. If the tenant incurs expenses that are the lessor’s responsibility, they have the right to deduct these from the rent..

In places not subject to the Condominium Law (KMK), responsibility is determined according to the lease agreement or general provisions (Turkish Code of Obligations – TBK).

Why is it Important to Get an Expert Opinion?

In rental relationships, the question of which party will bear common expenses often leads to disputes between the parties. The type of these obligations and their relationship with the Condominium Law or the Code of Obligations require special evaluation. Especially in Istanbul’s rapidly developing areas with widespread mass housing, such as Maltepe, Kartal, Pendik, and Tuzla, deficiencies in lease agreements can create significant grievances.

If you are facing such situations, seeking support from an expert real estate lawyer will minimize potential legal risks in the future.

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