The amendment to the law on the rental of residences for tourism purposes for less than 100 days has been published in the Official Gazette on 02/11/2023 and will enter into force as of 01/01/2024. In the published law, the general principles regarding the rental of residences for tourism purposes, the issuance of a license and administrative sanctions are mentioned.
Is a license required to rent your house daily?
As of 01/01/2024, it will be compulsory for the landlord to obtain a license before a contract is signed between the tenant and the landlord in order to rent the houses for tourism purposes. In order to obtain a license, persons who are currently renting their houses must apply to the Ministry of Culture and Tourism within 1 month from 01/01/2024, the date of entry into force of this law. The procedures for issuing a license will be finalized within three months from the date of application. The license to be obtained from the Ministry of Culture and Tourism must be hung as a plaque at the entrance of the rented residence.
What are the terms and conditions for obtaining a license?
First of all, a fee will be paid to the Ministry to obtain a license, and then the license will be issued. The fee to be deposited in the application for a license has not yet been determined and will be announced by the Ministry of Culture and Tourism in the later stages. In addition to the application fee, if the building where the residence is located is an apartment building, the unanimous consent of all flat owners of the building must be submitted to the Ministry.
Is it possible to rent a rented residence to a third party?
According to the Law, the person who rents a residence with a license will not be able to rent this residence to another person on his/her own behalf. However, provided that the tenant is a legal entity, legal entities may allow their personnel to use the rented house.
Is there a limit to obtaining a license?
In buildings consisting of more than three independent sections, landlords with more than one house can issue a license for 25% of the buildings in the name of the same landlord. (For example, in a building with 8 flats, even if all 5 flats belong to the same person, a license can only be issued for 2 flats).
If the number of independent sections belonging to a single person in the same building exceeds 5,
a) license to open and operate a workplace
b) the decision taken unanimously by all flat owners must be submitted to the Ministry.
Is there a penalty for renting without a license?
Various administrative sanctions have been determined in case of violation of the provisions specified in the law. As a result of this law amendment, if it is determined that the houses to be rented from Airbnb or other rental platforms without a license are rented for less than 100 days, the landlord will be imposed a fine of 100,000 Turkish lira and will be given 15 days to obtain a license. Within a 15-day period, a fine of 500.000 TL will be imposed on the person who does not obtain a license and rents his/her house without a license. If the same situation continues, the fine amount will increase to 1 million Turkish lira.
In addition, a fine of 100,000 Turkish lira will be imposed on the landlord in cases where the location, quality and physical characteristics of the rented house are misleadingly introduced to the tenant by means of advertisements, posters, brochures, social media, web pages and similar instruments, or the promised conditions are not provided or the house is allocated to the tenant for a shorter period than the period specified in the contract. A fine of 100.000 Turkish lira will be imposed on the landlord if the plaque of the license is not hung at the entrance of the house. This decision published in the Official Gazette will apply to houses rented for less than 100 days. Houses rented for more than 100 days will be excluded from this regulation. However, landlords who rent for longer than 100 days each time will also be tracked. If the same house is rented out for more than 100 days 4 times in a year, the landlord will be fined 1 million TL.