Tenant’s Responsibility and Limits for Common Area Repair Expenses

According to Article 22 of the Condominium Law, tenants who continuously use the independent section based on a lease agreement are jointly and severally responsible for the expenses and advance debts falling to the share of the condominium owner, and for delay compensation. However, the tenant’s responsibility is limited to the amount of rent they are obliged to pay and the payment they make is deducted from the rent debt. This means that the manager or one of the condominium owners can demand the common expense debt from the owner who did not pay, or from the tenant, or from both together. However, the tenant’s responsibility exists only as long as the lease agreement continues.

Distinction of Responsibility According to Expense Types

According to Article 20/1 of the Condominium Law (KMK), condominium owners, unless otherwise agreed among themselves, are obliged to contribute to the insurance premiums of the main real estate, the maintenance, protection, reinforcement, and repair expenses of all common areas, other expenses such as the manager’s salary, and the operating expenses of common facilities in proportion to their land share .

Expenses for which the tenant is responsible under Article 22 of the KMK are generally these common expenses and advances specified in Article 20 of the KMK. Expenses within this scope are referred to by names such as “mandatory expenses”, “common expense advances”, “general expenses”, “dues”, “operating expenses”. For example, expenses arising directly from the tenant’s use, such as fuel, heating technician’s fee, and common area lighting, are generally borne by the tenant.

However, expenses such as substantial repairs or costs related to the core structure of the main building, repair expenses of the independent section, improvement modifications, and strengthening of the independent section are the responsibility of the condominium owner. The tenant’s responsibility, on the other hand, falls under the scope of “general expenses from common expense advances” or “common expense dues”.

The Role of the Lease Agreement

The agreement in the lease contract regarding who will pay the common expenses or dues and how they will be paid, is an internal relationship between the landlord and the tenant, and this arrangement binds the parties. The contract can explicitly determine which common expenses the tenant will be responsible for. For example, a contract may stipulate that certain operating expenses (personnel, cleaning, security, common area electricity/water/heating, technical maintenance-repair) belong to the tenant. It should be noted that the tenant will not be responsible for expenses other than those listed in the contract.

If the lease agreement does not regulate who will be responsible for common expenses, it is generally assumed that the tenant is responsible. However, the rent amount limit in Article 22 of the Condominium Law (KMK) applies.

Set-off of Payments and Nature of Expenses

Payments made by the tenant for common expenses for which they are responsible according to KMK 22, are deducted from the rent debt they are obliged to pay. If the tenant has incurred compulsory expenses (in the sense of KMK 22) that should have been made on behalf of the landlord, these expenses can be set off against the rent.

However, whether an expense can be incurred by the tenant on behalf of the landlord or deducted from the rent depends on whether the expense falls within the scope of a compulsory expense. The nature of the expense (is it a due, maintenance-repair, or a permanent/essential cost) must be investigated.

In Conclusion

When it comes to large-scale expenses such as the repair of common areas, the tenant’s responsibility is primarily, according to Article 22 of the Condominium Law, jointly and severally with the apartment owner, but limited to the amount of rent they are obliged to pay. The payment made by the tenant is deducted from the rent debt.

Exactly which expenses the tenant will be responsible for is determined by the special provisions in the lease agreement. The contract may impose certain common expenses on the tenant. The tenant is not responsible for expenses not specified in the contract.

It varies according to the nature of the expense. General operating expenses, dues, and ordinary maintenance/repair expenses can be considered within the scope of the tenant’s responsibility, however, large-scale costs such as essential repairs, improvement renovations, or reinforcement related to the main structure itself are primarily the responsibility of the apartment owner. An article suggestion.

Why Is an Expert Tuzla Lawyer’s Opinion Necessary?

The Condominium Law and lease law contain complex regulations regarding how tenants will be responsible for common area repair expenses. The tenant’s responsibility is limited to the rent amount and depends on the nature of the common expenses and the special provisions in the lease agreement. Therefore, obtaining expert legal support is of vital importance to prevent loss of rights between tenants and owners.

According to the Court of Cassation and relevant legislation, tenants are jointly and severally liable with the owners for common expenses and advance payments, pursuant to Article 22 of the Condominium Law. However, this liability is limited to the amount of rent payable by the tenant, unless explicitly stipulated in the lease agreement. Major expenses such as essential repairs and improvement renovations of the main structure are the responsibility of the condominium owners.

At this point, regional expert lawyers such as Tuzla lawyer, Pendik lawyer, Kartal lawyer, Maltepe lawyer, Gebze lawyer, Tepeören lawyer, Orhanlı lawyer, Aydınlı lawyer, and Çayırova lawyer offer professional support regarding how common expenses should be regulated in the lease agreement, which expenses the tenant will be responsible for, and the legal remedies to be followed in potential disputes.

Working with an experienced lawyer to protect your rights regarding common area repair expenses and determine correct obligations provides a significant advantage in preventing financial losses. The expense structure, management plan, and lease agreement of each building can vary. Therefore, it is not possible to give a definitive answer to the question of which expenses the tenant is responsible for in every case. In some situations, condominium owners’ board decisions, and in others, Court of Cassation precedents may be decisive. Especially in Istanbul’s districts such as Maltepe, Kartal, Pendik, Tuzla, site-specific management plans may exist. There might be a risk of litigation between parties due to incorrect payment or rent deductions. Therefore, seeking expert legal interpretation and analysis of the lease agreement protects you from financial and legal damages in the long run.