B2B Maintenance, Repair, and Workplace Expense Distribution (Turkey)
The validity of Triple Net (All expenses on the tenant) contracts in Turkey commercial B2B properties, Shell & Core and general expense sharing.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
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.
Proceed to the next document: Commercial Late Penalty Contracts.
Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Turkey?
Tenancy relations in Turkey are regulated by the Turkish Code of Obligations (TCO). The law is notoriously protective of tenants, treating them as the economically weaker party. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in Turkey?
The eviction process in Turkey requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Turkey?
Turkey has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Turkey?
Turkey has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Turkey?
Lease agreements in Turkey must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Turkey?
Landlords in Turkey are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Turkey?
Turkey has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Turkey?
Landlords in Turkey must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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