Does the Landlord Pay or the Renter Pay for Apartment Expenses? End the discussion!

You know that moment when apartment groups become quietest or most heated: “The roof of the building is leaking, 10,000 TL will be collected per apartment.” At that moment, only one question arises in the minds of the tenants: “I just sit here, why should I make the roof of the building?” Homeowners may sometimes say, “But you use the elevator, and you have to pay for the big breakdown.” Well, who is actually right?

The law is pretty clear on this. The Turkish Debt Law (TBK) and the Condominium Law (KMK) have separately separated which expense is “use” and which is “asset”. What expenses for apartments and sites, according to which law should be paid?

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Tenant's Responsibilities (Ordinary Use Expenses)

The tenant is the person who benefits from the services of the property. So the daily, routine expenses belong to the tenant:

1. Apartment Fee: Expenses such as cleaning, electricity, staff salary are the tenant's. (Legal Basis: TBK

Article 317)

2. Elevator Monthly Maintenance Fee: Since he actively uses the elevator, routine maintenance is your responsibility to the tenant. (Legal Basis: TBK

Article 317)

3. Faucet Repair and Paint-Whitewashing: The cost of faucets that get old during use or dirty walls is considered “ordinary use”. (Legal Basis: TBK

Article 317)

4. Minor Repairs: Simple expenses such as glass breakage, bulb replacement are also borne by the tenant. (Legal Basis: TBK

Article 317)

Host Responsibilities (Fixtures and Structural Expenses)

The landlord must deliver the property to the tenant “convenient for use” and maintain this condition. Everything that increases the value of the building comes out of his pocket:

1. Elevator Major Failure: Major costs, such as engine replacement or brain burns, are the fixtures of the building. (Basis: TBK Articles 301-303)

2. Roof Repair: The roof is the common area of the building and is related to the protection of property. The tenant does not participate in the cost of the roof. (Basis: TBK Article 301)

3. Combi Replacement: If the boiler is in a state that cannot be repaired when the boiler breaks down, the homeowner receives the new device. Because the boiler is the fixture of the house. (Basis: TBK Articles 301-303)

4. Exterior Sheathing: The thermal insulation of the building directly increases the value of the property. This expense belongs directly to the owner (landlord) of the floor. (Basis: KMK Article 19)

I paid, but what about it? (Offset)

Let's say there was an emergency, the boiler exploded and the homeowner could not be reached. The tenant made it from his own pocket. This is where the right to “deduct rent” comes into play. If the tenant has paid a debt that the landlord has to pay, it can be deducted from the next rent (but be sure to bill and give notice!).


As a result, expenses for a site or apartment are specified in the Turkish Debts Law (TBK) and the Condominium Law (KMK).