B2B Maintenance, Repair, and Workplace Expense Distribution (Turkey)

In Turkey, residential maintenance and expense distribution are governed by the Turkish Code of Obligations (TCO) and the Condominium Law (Law No. 634). Under TCO Art. 301, the landlord is mandatorily obliged to deliver the residential property in a condition suitable for the intended use (habitable) and to maintain this condition throughout the lease term.

1. Suitability for Use and Habitability (TCO Art. 301)

The "Shell & Core" delivery standard common in commercial sectors is prohibited for residential leases. TCO Art. 301 requires that residential properties be delivered in a habitable state. Any clause in a residential lease that shifts the landlord's primary maintenance burden to the tenant in a way that compromises the property's suitability for use is generally deemed void.

• Ordinary Maintenance (TCO Art. 317): While the landlord handles major suitability issues, the tenant is responsible only for the cleaning and minor maintenance costs required for the ordinary use of the property (e.g., light bulb replacement, routine cleaning).

2. Improvements and the "Unjust Enrichment" Barrier (TCO Art. 321)

In accordance with TCO Art. 321, the regulation of additions and improvements follows strict guidelines to prevent unjust enrichment:

• Written Consent: The tenant may make changes or additions to the residence only with the landlord's written consent.
• Compensation for Value Increase: Upon termination, the landlord must compensate the tenant for any increase in the property's value resulting from these improvements, unless a valid written agreement specifically waives this right.
• Waiver Scrutiny: In residential contracts, blanket waivers—often referred to as "Bila Bedel" (free of charge) clauses—where the tenant renounces all rights to compensation for improvements, are subject to strict "unfair contract term" scrutiny under TCO Art. 20-25 and may be invalidated.

3. Common Expenses and "Aidat" (Condominium Law No. 634)

Residential common expenses, commonly known as "Aidat," are distributed between the tenant and the landlord based on the nature of the expense under Articles 20 and 22 of the Condominium Law:

• Tenant Responsibility (Operating Expenses): Tenants are liable for expenses related to the daily usage and operation of the building. This includes cleaning of common areas, electricity for common areas, and concierge or security services.
• Landlord Responsibility (Capital Expenses): Landlords are responsible for expenses related to the building's structure and permanent fixtures. This includes roof repairs, exterior painting, elevator replacement, and structural reinforcement.
• Liability Limit: Under Art. 22 of Law No. 634, the tenant's liability for common expenses is strictly limited to the amount of rent they are currently obliged to pay. Any expense exceeding the monthly rent or categorized as a capital expense must be directed to the property owner.

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