Landlord's Disclosure and Delivery Obligations (Turkey)

A culture of standardized, signature-required specific "hazard disclosure brochures" (like the "Lead Paint" culture in American law) is not common in Turkish tenancy legislation. However, under the framework of the Turkish Code of Obligations (TCO), the landlord's obligation to deliver the property fit for habitation and their "Liability for Defects (Kusurdan Sorumluluk)" is extremely broad and protective.

1. Obligation to Deliver and Maintain in Habitable Condition

Pursuant to TCO Article 301, the landlord is obliged to deliver the leased property on the agreed date in a condition suitable for the intended use specified in the contract ("ready to live in, healthy, undamaged") and to maintain it in this condition throughout the lease term. This is the primary obligation of the property owner, and regulations against this (to the detriment of the tenant) cannot be made.

If the house is delivered to the tenant with a significant hidden defect (e.g., a severe plumbing leak to the lower floor appearing 1 week after signing the contract, hidden severe dampness smell, or a hidden bedbug/cockroach infestation), the landlord is obliged to remedy this defect.

Tenant's Rights (When a Defect Arises):

• Requesting the remedy of the defect: The tenant gives the landlord a reasonable time to repair the house. If not remedied within this time, the tenant can have it repaired themselves and deduct the cost from the rent (TCO 306).
• Requesting a price reduction (Rent reduction).
• If the defect completely prevents the use of the house (e.g., the heating system not working in winter and being irreparable), the tenant has the right to Terminate the Contract with justified cause. Because the landlord did not make an honest disclosure, they are obliged to return the deposit entirely.

2. Energy Identity Certificate (EKB/EPC) Requirement

To increase energy efficiency in buildings in Turkey, the "Regulation on Energy Performance in Buildings" is in effect.

• According to the legislation; the arrangement of the Energy Identity Certificate (EKB) is mandatory in the purchase, sale, and leasing transactions of existing buildings and all new buildings to be constructed.
• The landlord is obliged to provide a copy of this EKB document (which classifies the isolation status and how much fuel the house or the whole building consumes as A, B, C, etc.), obtained through the apartment manager or themselves, to the tenant or their representative while signing the lease agreement.

3. DASK (Compulsory Earthquake Insurance) Status

Since Turkey is located on a seismic zone, having a DASK (Turkish Catastrophe Insurance Pool) policy is a national obligation for residences.

• The property owner (landlord) is obliged to arrange the DASK policy for the house and pay its premiums. The DASK premium debt cannot be forced upon the tenant.
• In practice, when the tenant moves into the house, to open the "Electricity, Water, and Natural Gas" subscriptions (Public utilities) in their own name, they are required to request the number or a photocopy of the current and valid DASK policy of the residence from the landlord. Without declaring the DASK policy, public utility companies do not open electricity or water in the tenant's name.

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