Notarizing Rental Contracts at the Notary (Noter) in Turkey
The requirements and procedures needed to notarize rental contracts at the notary (Noter):
Required Documents:
For the Landlord:
Title Deed (Tapu): A document proving ownership of the property.
Turkish ID card or passport: To verify the landlord's identity.
Turkish tax number: The landlord must be registered for tax purposes.
Earthquake Insurance Policy (DASK): A mandatory insurance policy covering earthquake damages.
For the Tenant:
Passport or residence permit card: To verify the tenant's identity.
Turkish tax number: Must be obtained if the tenant does not have a residence permit.
Asylum document (if the tenant is a refugee): A document proving asylum status must be provided.
In Case of Illiteracy:
Landlord or tenant: If the landlord or tenant is unable to read or write, two witnesses from among their relatives or persons approved by the notary must be present. A lawyer may also be appointed to represent them in the proceedings.
Special Cases:
Refugee tenants:
Asylum document and passport: The asylum document can be used as a legal identification document, and the passport must be provided if available.
Tax number: A Turkish tax number must be obtained even if they do not have a residence permit.
Tenants with passports only:
Passport: The passport must be provided as an identification document.
Tax number: A Turkish tax number must be obtained, which can be acquired from local tax offices.
Tenants with passports and residence permits:
Passport and residence permit: Both must be provided to verify identity and legal status.
Tax number: The tax number is already included on the residence permit card.
Confirming the Area Is Not Closed to Foreigners:
Checking local regulations: Foreign tenants must verify that the area in which they wish to reside is not closed to foreigners. This can be done by visiting the Turkish Migration Directorate's website or contacting local lawyers or licensed real estate offices.
Visiting the Migration Directorate: One can confirm that the area is not closed to foreigners by visiting the local Migration Directorate and inquiring about the area's current status.
Cases Requiring a Sworn Translator:
Language: If the landlord or tenant does not speak Turkish, a sworn translator approved by the notary must be appointed.
Signing the contract: The sworn translator must be present during the signing of the contract to ensure both parties understand its terms.
Official documentation: The sworn translator must sign the contract and attach a copy of their translation license to ensure the validity of the translation.
Steps to Notarize a Rental Contract at the Notary:
Preparing the required documents: Gather all necessary documents from both parties (landlord and tenant).
Visiting the notary's office: Go to the notary's office with all the documents.
Verifying identity: Confirm the identity of both parties through passports or ID cards.
Verifying the documents: The notary examines the title deed, the earthquake insurance policy, and the tax number.
Arranging the translation: If one of the parties does not speak Turkish, a sworn translator is appointed to assist.
Signing the contract: The contract is signed in the presence of the notary and officially notarized.
Delivering the copies: Both the landlord and the tenant receive a notarized copy of the contract.
Additional Tips:
Verify the validity of documents: Make sure all submitted documents are recent and valid.
Work with a trusted real estate agent: This helps facilitate the process and avoid legal issues.
Review the contract carefully: Make sure all terms and conditions are clearly included in the contract.
By following these steps and adhering to the legal requirements, foreigners and landlords in Turkey can properly notarize rental contracts and ensure the rights of both parties.
Follow Us
Comments