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In Turkey, sub-renting a property requires the landlord's written consent; doing so without it breaches the lease and can lead to eviction. Airbnb-style short-term rentals are separately regulated: hosts must check municipal zoning restrictions, declare rental income for tax, and meet fire-safety and insurance requirements, or face fines and closure of the listing.
As the sharing economy continues to thrive, sub-renting and platforms like Airbnb have gained popularity as convenient ways for property owners to generate additional income. However, in Turkey, sub-renting and Airbnb activities are subject to specific legal regulations and considerations.
In this blog, we will explore the legal landscape surrounding sub-rental and Airbnb in Turkey, highlighting key points that property owners and hosts should be aware of.
Sub-Rental in Turkey
Written Consent: According to Turkish law, sub-renting a property requires the written consent of the landlord. Without explicit permission, sub-renting can be deemed a breach of the lease agreement and may lead to legal consequences.
Sub-Rental Limitations: Some lease agreements explicitly prohibit sub-renting. Property owners should review their lease agreements to ensure they are permitted to sub-rent their property legally.
Tenant Responsibility: If a tenant sub-rents the property without obtaining the landlord's consent, they bear full responsibility for any legal consequences that may arise.
Because these rules turn on the precise wording of your lease, reviewing your obligations in light of a clear guide to rental contracts in Turkey is a sensible first step.
Airbnb in Turkey
Regulatory Framework: Airbnb and similar short-term rental platforms are subject to regulation in Turkey. Property owners must comply with certain rules and requirements to legally operate Airbnb listings.
Zoning Restrictions: Local municipalities may impose zoning restrictions on short-term rentals. It is essential to check whether the property is located in an area that permits short-term rentals.
Tax Obligations: Airbnb hosts are required to declare their rental income and pay the necessary taxes in Turkey. Failure to comply with tax obligations can lead to penalties and legal complications.
Safety and Security Regulations: Hosts must comply with safety and security regulations, including providing adequate fire safety measures, emergency contact information, and maintaining necessary insurances.
Recent reforms have tightened these requirements considerably, so hosts should review Turkey's new Airbnb law and understand how it interacts with ordinary short-term rental agreements before listing a property.
Understanding the Regulation
The regulation, published in the Official Gazette on December 28, 2023, mandates that individuals intending to engage in daily and short-term rentals must fulfill specific requirements supervised by the Ministry of Tourism and Culture. Among these requirements is the necessity to obtain a tourism residence certificate, which is essential for homeowners seeking to rent their properties for less than 100 days.
Obtaining a Tourism Residence Certificate: To operate within the bounds of the law, homeowners must secure a tourism residence certificate from the Ministry of Tourism. This certification is mandatory for listing properties on platforms like Airbnb. Failure to obtain this permit can lead to severe penalties, ranging from fines of 100,000 TL for initial offenses to up to 1,000,000 TL for repeated violations.
Displaying the Tourism Residence Plaque: Homes with tourism residence certification must prominently display a plaque at their entrance, as stipulated by the regulation. Failure to comply with this requirement may result in fines starting from 100,000 TL for initial offenses and increasing for subsequent violations.
Understanding Tax Obligations: Homeowners are responsible for handling tax collections and payments. It's crucial to familiarize yourself with Turkey's taxation laws, which mandate individuals earning rental income above a certain threshold to declare their earnings and pay taxes accordingly.
Breach of Lease Agreement: Sub-renting or engaging in Airbnb activities without proper authorization can result in breach of the lease agreement, leading to eviction or legal action by the landlord.
Fines and Penalties: Non-compliance with regulations, such as failing to obtain necessary permits or pay taxes, can result in fines and penalties imposed by relevant authorities.
Violation of Building and Zoning Codes: Failure to adhere to building and zoning codes, especially in terms of safety requirements, can result in serious consequences, including closure of the rental operation.
Key Considerations in Co-Living and Shared Housing
While co-living offers an affordable and social way to live, these arrangements come with unique legal and practical considerations:
Lease Agreements: It is essential to have clear, written rental agreements that specify each tenant's rights and responsibilities to avoid conflicts. This is just as important as for individual lease agreements for students in Turkey.
Shared Responsibilities: Rent, utilities, maintenance costs, and other expenses should be clearly divided among housemates. Setting up utility contracts alongside the rental agreement helps prevent disputes over bills.
Privacy and Usage Rules: Agreements should address how common areas are used and outline house rules to ensure harmony among tenants.
Security Deposits: Understanding how deposits are handled and returned is crucial, especially in shared living environments.
Dispute Resolution: Mechanisms for resolving conflicts between co-tenants or with landlords should be clearly established.
Understanding these key points can help ensure a smooth and legally sound co-living experience. Foreigners using shared housing for residency purposes should also review their accommodation options for residence permit applications.
Seeking Legal Advice
Given the legal complexities surrounding sub-rental and Airbnb activities in Turkey, it is strongly recommended to seek legal advice from experienced real estate attorneys. They can provide guidance on lease agreement provisions, assist in understanding local regulations, ensure compliance with tax obligations, and help mitigate legal risks. If you let out a furnished unit, our notes on furnished apartment rentals and legal considerations are also worth reviewing.
Conclusion
Engaging in sub-rental or operating an Airbnb in Turkey can be a lucrative venture, but it requires careful consideration of legal requirements and adherence to local regulations. Understanding the need for written consent, compliance with zoning restrictions, tax obligations, and safety regulations is vital for property owners and hosts.
Seeking professional legal advice is crucial to ensure full compliance and minimize the risk of legal complications. At Bayraktar Attorneys, our team of experienced real estate lawyers can provide the necessary guidance and support to navigate the legal landscape surrounding sub-rental and Airbnb activities in Turkey.
For expert legal advice and assistance with sub-rental and Airbnb activities in Turkey, turn to Bayraktar Attorneys. Our team of real estate lawyers specializes in guiding property owners and hosts through the legal complexities of the sharing economy. Contact us today to schedule a consultation and ensure compliance with local regulations while maximizing the potential of your profit.
