Is it forbidden to rent a day in an apartment (Airbnb)?
With the
summer season, the mobility of guests, vacationers and tourism from outside the city peaks. But this situation is igniting a whole new debate in apartment and site management: day or weekly rentals (Airbnb, etc.).
Seeing a different stranger in the elevator every day with suitcases in hand, waking up in the middle of the night to the noise of changing tenants or learning that the password of the site has been distributed to dozens of people is the biggest nightmare of residents. Landlords say, “My own property, I rent short-term what I want,” while neighbors rush to the administration, saying, “Our safety and peace are at stake.”
So, what does the legislation say about this? Can an apartment be rented for the day according to the head?
“Unanimous” Permission of 1st Floor Owners Required
A landlord who wishes to rent an apartment for tourism purposes for less than 100 days (daily, weekly, monthly) for tourism purposes in accordance with the Law on Rental of Residential Properties published in the Official Gazette;
- It is obliged to obtain the unanimous consent (permission) of all floor owners.
- If even the owner of 1 single floor in the same building does not sign saying “I do not want a day tenant in our building”, then a Tourism Certificate for that apartment cannot be obtained and rental can not be made.
2. What is the penalty for renting without permission?
Very heavy administrative fines await landlords who rent illegally without permission from the apartment owners or without obtaining a license/document from the Ministry of Culture and Tourism:
- At the first detection made without a license, a large amount of administrative fines is imposed and a period of 15 days is given to make a rental.
- Penalties are imposed exponentially on those who continue to rent without permission at the end of this period.
- Those who rent or mediate the rented apartment without a permit are also under legal responsibility.
3. Can Management Block Password and Key Delivery?
The biggest problem with day rentals is security. Issuing the site's exterior door password or garage control to constantly changing persons also carries risks under the Identity Reporting Act.
- Authority of the Administrator: The administration may instruct security personnel or the entrance of the building “Restrict the use of common areas and social facilities by day tenants without permission” based on the decision taken at the general meeting.
- In addition, when overnight stays that are not reported to the police/law enforcement agencies are detected, the management is obliged to report the situation to law enforcement agencies.
What should managers and residents do?
If you think that your apartment is being rented by day without permission and there is a security vulnerability:
- Report the situation to the relevant host first in writing.
- If the day rental continues, file a complaint with the Provincial Directorate of Culture and Tourism, the Kaymakamka or the police units for due diligence.
- Include in the Resolution Book a clear general meeting resolution in the form of “Short-term rental for tourism purposes is not allowed in our building”.
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General
- Apartment Meeting Call Example
- Procedures for a Condominium Title Deed
- Rules to be followed in the apartment
- Apartment Noise Regulation
- What Are The Notebooks That Apartments And Sites Have To Keep?
- Tenant Early Eviction Notice Example
- Sample Petitions and Documents Related to the Apartment
- I became an apartment manager for the first time. What should I pay attention to?
- What to Know About the Building Attendant
- Building Attendant (Doorman) Employment Contract and Duties