Legal Foundations

Published on 25/10/2023 in the Official Gazette, the Law on the Leasing of Dwellings for Tourism Purposes represents a pivotal update in the legal framework governing property rentals in Turkey. This legislation introduces a structured set of guidelines to regulate the renting of residential properties for tourism, promising increased transparency, legal conformity, and the protection of both property owners and tourists’ rights. Delve into the comprehensive insights below to understand the intricacies of this law and its implications for property owners, lessees, and the real estate market at large. 

  1. a) Objective: The objective of the Law on the Leasing of Dwellings for Tourism Purposes is to establish procedures and principles for the rental of dwellings for tourism activities to both individuals and legal entities.
  2. b) Scope: The law encompasses general principles related to renting dwellings for tourism, the process of obtaining permits, administrative penalties, and regulations concerning the legislative framework applicable to dwellings rented for tourism purposes. It excludes leases lasting more than one hundred days.
  3. c) Legal Basis: The law, numbered 7464 and published on 25/10/2023, is grounded in defining rules and regulations for leasing residential properties for tourism under the Ministry of Culture and Tourism.

Please feel free to contact our Real Estate Lawyers in Antalya if you want detailed information and consultation about the new regulations on the subject of “new Airbnb law”. Our experts will get back to you within the same day.

Major Points of the Law on the Leasing of Dwellings for Tourism Purposes

The law outlines the process of obtaining permits for renting dwellings for tourism purposes, including the issuance of permission certificates, mandatory plaques, and the necessity of unanimous approval from all floor owners in a building for such rental activities.

The relevant Ministry or provincial authorities issue the required permit, with specific criteria for multiple-unit buildings and limitations on the number of permits issued per property holder. After the permit, users can engage in tourism leasing activities for a maximum of one hundred days. 

Major Changes Enforced by the Law

The law introduces stricter regulations for short-term property rentals for tourism. It mandates obtaining permission certificates, approval from building owners, and the display of designated plaques at the rented property. Additionally, it prohibits unauthorized subletting of the property and establishes penalties for non-compliance.

Grounds for Property Holders to be Cautious About

Property holders should ensure compliance with obtaining authorization certificates, displaying required plaques, and refraining from subletting the property to third parties without proper authorization.

In other words, property holders engaging in short-term leases must be vigilant about the legal requirement to obtain a permit. Failure to comply with this regulation can result in substantial administrative fines. Additionally, the law prohibits subletting the leased residence to third parties under any circumstances and requires the permit holder to comply with regulations for its designated purpose.

If you’re considering leasing your property in Turkey for short-term stays through platforms like Airbnb, it’s imperative to understand the legal ramifications and obligations stipulated under the new Law on the Leasing of Dwellings for Tourism Purposes. The legislation sets forth crucial criteria for homeowners, landlords, and property managers to comply with specific standards and obtain permit certificates for rentals exceeding a certain duration. 

This is where consulting with a seasoned real estate lawyer in Turkey becomes pivotal. At Alfa Law Firm, our team of legal experts navigates the intricate terrain of rental estate law, ensuring that property owners adhere to the updated regulations and secure necessary permits. Whether you’re in Istanbul, Ankara, or Antalya, our English-speaking lawyers proficiently address rental agreements, lease contracts, and landlord-tenant rights, offering comprehensive legal counsel following the updated legal framework in Turkey.

What are the Prohibitions Imposed by the Law?

The law prohibits renting dwellings for tourism purposes without the necessary permit certificate. The law also prohibits subletting to third parties and utilizing the leased residence for personal occupancy when originally leased for tourism purposes. Exceptions are permitted for legal entities that lease for their personnel. The law also emphasizes adherence to regulations and conditions as agreed upon in the contract, including the designated duration for use.

What are the Penalties for Violation of the Law? 

Violations of the law entail serious administrative penalties. Failure to obtain a permit or continue tourism leasing without the necessary authorization incurs enormous fines that increase with subsequent violations. The law clearly stipulates the conditions under which these fines are imposed, including the maximum number of lease contracts allowed within a specified period.

Effective Date of Changes

The law’s provisions were effective starting on 01/01/2024, with provisional measures allowing a one-month grace period for those previously engaged in tourism leasing activities to apply for permits within three months.

In conclusion, property holders engaging in tourism leasing must adhere to the legal requirements outlined by the Law on the Leasing of Dwellings for Tourism Purposes, also known as “The new Airbnb law” public opinion. Any failure to comply with these regulations can lead to severe administrative fines and potentially affect the rights and usage of the property by tenants. Understanding and complying with the legal obligations under this law is crucial for property holders engaging in tourism leasing activities.

Get In Touch with Alfa Law’s Attorneys for The Regulations of the New Airbnb Law

As it’s observed the implementation of the Law on the Leasing of Dwellings for Tourism Purposes (in regard to “Airbnb short term rentals” or “Airbnb long term rentals”) signifies a substantial shift in how property owners, lessees, and rental agencies operate in Turkey’s dynamic real estate landscape. This law brings forth stringent regulations and imposes hefty penalties to curtail the unauthorized rental of residential properties for tourism. The primary objective is to create a structured framework that upholds legal standards, safeguarding the interests of both property owners and guests. Alfa Law Firm, with its team of seasoned real estate attorneys across Istanbul, Ankara, and Antalya, stands prepared to guide property owners and rental agencies through these complex legal intricacies. 

Our legal experts are well-versed in the nuances of rental estate law, offering comprehensive assistance to ensure compliance with these updated regulations. Non-compliance with the law could result in severe financial repercussions, making it imperative to seek legal counsel to navigate this evolving legal landscape. By partnering with Alfa Law, property owners can benefit from strategic legal advice, meticulous lease contract guidance, and a thorough understanding of their rights and obligations under this new law. We aim to assist property owners in operating within the legal framework, mitigating risks, and fostering a compliant and successful rental environment.