Atty. Meryem GÜNAY

Building expenses for which the tenant is responsible and the legal framework of this responsibility are primarily determined by the provisions of the lease agreement between the parties, along with the Condominium Law (KMK) and the Turkish Code of Obligations (TBK).

The types of building expenses for which the tenant is responsible and the legal framework of this responsibility are primarily determined by the provisions of the lease agreement. In the lease agreement between the parties, it can be stipulated by whom and how the common charge receivables will be paid. These conditions in the agreement are binding on the parties.

On the other hand, according to the KMK, the common expenses of the main immovable property, as well as maintenance, protection, reinforcement, and repair expenses, are essentially the responsibility of the condominium owner (KMK 20/1. Among the expenses specified in Article 20 of the KMK are expenses for doorman, stoker, gardener, and security guard, advances to be collected for these, insurance premiums of the main immovable property, maintenance, protection, reinforcement, and repair expenses of all common areas, other expenses such as manager’s salary, and operating expenses of common facilities.

However, in accordance with Article 22 of the Condominium Law, the tenant is jointly and severally liable with the flat owner for the expenses and advance payments and delay penalties falling to the flat owner’s share according to Article 20. This liability is limited to the amount of rent the tenant is obliged to pay and the payment made is deducted from the rent debt. The building manager or one of the flat owners has the right to demand the unpaid common expenses from either the flat owner, or the tenant using the independent section, or both. The tenant’s liability exists as long as the lease agreement continues. If the tenant has vacated the occupied premises, their liability for expenses and advances ceases. The manager or flat owner can no longer file a lawsuit or initiate enforcement proceedings against the former tenant.

The provisions of the Turkish Code of Obligations (TCO) also regulate liability for expenses. According to Articles 302 and 303 of the TCO, the lessor bears expenses arising from the leased property itself (mandatory insurance, taxes, etc., unless otherwise agreed) and incidental expenses incurred by the lessor or a third party related to the use of the leased property. In contrast, according to Article 317 of the TCO, the tenant is obliged to pay for the cleaning and maintenance expenses necessary for the ordinary use of the leased property; local custom is observed in this regard.

The types of expenses that are specified in case law and understood to be within the scope of building expenses or dues for which the tenant may be held responsible are:

Apartment/Building Maintenance Fees and General Expenses: This is a broad category typically including expenses and advances under Article 20 of the Condominium Law (KMK). The maintenance fee is paid to the apartment/building management.

Common Use and Management Expenses: Expenses arising from the common use and management of the building, as determined by the contract or management plan. These expenses may include those listed in the contract and similar costs.

Usage-Based Expenses: Expenses arising from the direct use of the leased property may belong to the tenant. These include fuel costs, boiler attendant fees, and lighting expenses for common areas. According to the contract, all operating expenses such as water, city gas, electricity expenses, environmental cleaning tax, fuel, management, boiler attendant, doorman, and security guard may also belong to the tenant.

Ordinary Cleaning and Maintenance Expenses: Cleaning and maintenance costs necessary for the ordinary use of the leased property belong to the tenant as per the Turkish Code of Obligations (TBK). Expenses such as cleaning expenses and security expenses may be charged to the tenant by contract.

Management Expenses: Expenses arising from the management of the building, such as the manager’s salary, are primarily the owner’s responsibility under the Condominium Law (KMK), but can be transferred to the tenant’s responsibility by contract.

Types of expenses for which the tenant is not responsible:

Expenses Related to the Core Structure or Major Repairs: Major repair expenses related to the main structure of the building or expenses related to the core structure itself are not the responsibility of the tenant. Similarly, repair expenses of the independent section, improvement renovations or permanent costs such as strengthening the independent section are the responsibility of the flat owner.

Expenses Not Listed in the Contract: If the lease agreement has specified expense responsibilities, the tenant may not be responsible for expenses other than those listed in the contract.

Why is Expert Support Important?

Building expenses and rental relationships can be legally complex. Misinformation or incomplete agreements can cause financial harm to both the landlord and the tenant. Especially for tenants living in multi-story buildings, the boundaries of common expenses may not be clear. Such problems are frequently encountered in rapidly developing districts of Istanbul like Maltepe, Kartal, Pendik, Tuzla. The opinion of a legal expert guides you both during the contract preparation phase and in case of a dispute. Acting with knowledge of your legal rights protects you from potential lawsuits and enforcement proceedings. Remember, acting consciously is the most profitable solution in the long run.