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kamdine

About the rent contract (new day, new problem!)

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Hello all! So today my issue is with the rent contract/agreement I need to bring to renew my RP. I did not get a new agreement but now that I am asking for one, my landlord and the emlak are asking for 400TL! This not only seems extremely shady and possibly illegal, but I also can't afford this.

 

So, the questions are: Is it normal to pay that much for a contract, which would normally be my right to have? 

Is there another way to prove that I live here? Would just a letter from my landlord, signed and notarized be enough?

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I do not know about the legal situation but I would be tempted to bluff him. Tell him that if you do not have one within a week you may be forced to seek alternative accommodation.

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Really? That seems like a lot! There's no such thing as a favour obviously :(

A few of my friends also got stung when they took their contracts to the noter, and in the contract a rental deposit was mentioned, and then they charged some fee because of that??? Really weird, but it definately happened to a few of them, not just one.

Do you live with someone?

I found a really easy way to prove address without needing any contract at all. I went with my boyfriend (we live together) to the noter and we asked for a taahhutname. I had my passport, he had his kimlik. They looked him up in their system and we got the paper saying that I live with him at X address and it says he takes responsibility for me when I'm here.

It cost 46tl, took literally a few minutes to get and was accepted absolutely no problem at all.

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Wow, thanks for that! I do live alone, but I could maybe ask my girlfriend to vouch for me and say that I live with her! However, I am guessing her address is under her dad's name, will that be a problem you reckon? Also, it would mean that the address where I live now will have to be changed in all my documents, no? Or could she say that she lives with me, but at my address even though her kimlik has another address?

Guessing not. :/

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Mmmm good question....when they looked my boyfriend up in their system they were checking his address. So you would be put on the address of whoever you take with you. So it would get all screwed up, it won't work for you :(

Bummer! I hope you find a solution. If I think of anything, I will let you know

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Thank you so much! I think I'll have to bite the bullet and pay the 400TL by borrowing the money from friends. :/

Hopefully by next year I'll actually be living with my girlfriend! :)

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If you don't have a current rental contract, surely you could tell your landlord you are leaving, just like that.......... and what can he do about it?  He cannot sue you if you don't have a contract ..... so, I'm sure he'll make sure you have one quick smart !  Good luck ! :)

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They're ripping you off and will continue to do so. Cut your losses and move. No one has to pay for that. You can go to any stationary store and get a Kiralik ev contract, tenancy agreement, It looks like a form. Fill it out and you both sign it.

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Thanks again for the new answers! I know I'm getting ripped off, but my rent is kinda low for my location and size of the flat, so moving isn't really an option for now.

 

Kiralik ev? I can find the forms anywhere?! Then yes, if we both sign it and notarize it, then it should all be a-ok, right?

When you say any stationary, so Nezih would have that?? I ask at the register? And (sorry, lots of questions!) would the emniyet accept this as a rental agreement thing?

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I am in direct contact with the landlord actually. I call him when there's a problem, etc. The emlak thing is only for that contract. I'll use the form you mentioned, seems way easier then! But again, just to be sure, I go to Nezih (for example) and ask for an 'emlak ev form' ?

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A few of my friends also got stung when they took their contracts to the noter, and in the contract a rental deposit was mentioned, and then they charged some fee because of that??? Really weird, but it definately happened to a few of them, not just one.

 

The same thing just happened to me. The notars (I went to two of them) said they could not notarize my contract until I went to the tax department and paid a "stamp tax." This was because the contract was more than one year old, and had to do with the deposit. I have no idea why I would have to pay a tax on a deposit. I never found out.

 

Rental contracts in Turkey automatically renew under their original terms each year, unless you give written notice that you are going to terminate the contract. So I ended up trying to have a contract notarized which was, according to the date, more than one year old.

 

Here's how I handled it.

 

Firstly, I live in Antalya, so I can only say what happened to me, in Antalya. Here it is:

 

My landlord, thankfully a very nice guy, just gave me a very short letter (one sentence). It said that my rental contract had been renewed for one year, with all conditions of the original contract.

 

That's all it said. He dated it, signed it, and I signed it.

 

Because he was out of town until I got the letter, I didn't have it until the night before THE LAST DAY I had to renew my residence permit. I had to be there first thing in the morning to get an appointment number, so there was no opportunity to get anything notarized. I just took everything I had, including the rental contract and the landlord's letter, to the foreigner's department. I figured I'd get an appointment number, see the clerk, then the clerk would tell me I had to get the contract notarized and to come back when I had it notarized.

 

Strangely enough, When I presented the contract, the letter, and copies of the two, the clerk didn't even ask for it to be notarized. He took a look at the originals, and the copies, and accepted the copies. NO NOTARIZATION NECESSARY! smile.png

 

So this is what I would suggest. Have a brief letter made up (one sentence) which says that your contract has been renewed under its original conditions, in Turkish. Add a signature block for your landlord and yourself. Make sure the landlord writes the date. Take it to your landlord and have him sign it. Then you sign it, and present that to the foreigner's bureau.

 

There is no way he could justify charging 400 TL for just a signature.

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Thanks for yet another suggestion, you guys are awesome! :)

The letter thing sounds nice, and I could make copies of last year's notarized contract, it's true!

At this point I'm afraid that whatever option I choose, the emniyet will refuse it and then I'll have to get in touch with my landlord again, etc etc... The stress of renewing the RP is getting worse each year. :/

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Actually I just thought of something. Why not take a receipt from the bank showing your most recent rent payment to the landlord? It seems to me that would show that you are still paying the same landlord, at the same rent price, so the contract would still be valid.

 

If a contract was issued less than a year ago, and it is for a year's duration, that will definitely work. I have done that several times.

 

In this case, I had a contract issued in November 2013 and expiring in October 2014, but which, under Turkish law, automatically renewed because I didn't cancel it in writing. So I could see that bringing in a contract with old dates they might not accept.

 

In my case, the person telling me I needed a new contract was the notary, not the foreign police. I had to either pay a stamp tax on the deposit, or have a new contract (with a starting date of less than a year ago) to get a notarized copy of my contract.

 

I ended up getting a letter from my landlord saying it was still in force, for the notary. Not the foreigner's department.

 

The only reason I went to the foreigner's department first was because it was the last day, and I knew that if I got an appointment in the morning, then submitted my paperwork and something was missing, they would let me go get it and come back again.

 

What happened was that the foreigner's bureau didn't even ask for a notarized copy in the first place.

 

I don't know if they would have accepted the more-than-one-year-old contract and my word that it had been renewed, because I already had a letter from my landlord saying it was.

 

I assume that if you have a bank deposit receipt, or some other documentary proof that you are still paying rent, they would accept that too.

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I see... My contract expires this July and it was signed and notarized last July. Tomorrow my landlord will sign a letter to say the contract has been renewed until July 2016. I hope the emniyet will accept that. 

If not, I'll have to look into that kiralik ev form thing.

And barring that, well, it's 400tl to the emlak! :/ Wish me luck!!

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Hello all! So I've just returned from my appointment and things went so smoothly, I'm still shocked. :)

Last year I had two rent contracts notarized, one for the emniyet and one for me. This year I gave my copy with a letter signed by my landlord saying that the contract had been extended one more year with the same conditions.

The policeman first said: 'I need the new contract.' But then he read the letter and accepted both.

The difference this year is that the payment is now in Bostanci, not in Kadikoy anymore. I took a cab and paid 14tl each way from the emniyet and back. Make a copy of the receipts after you pay!

I asked if they would accept a notarized copy of a kira soslemesi and he said yes btw. Hoping it won't change by next year.

The policeman spoke great English btw and he was really friendly! The taxi drivers were also very kind and honest. In Bostanci I didn't even have to wait 2 minutes to pay. I might be in a parallel universe, or the Twilight Zone. But not complaining! :)

Thanks again to everyone for your help!

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Yes, you probably spoke with Mustafa -- the cool cop in Kadikoy karakol :)

 

They all started being much friendlier and helpful since the announcement of the new foreign's directory. Maybe they're happy to see that they won't be dealing with this kind of stuff soon?

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Yeah, check this out:

 

http://www.goc.gov.tr/main/Eng_3

 

Right now, the police is still taking care of residence permits, but this new directorate will establish offices for dealing with migration/rps etc.

 

I suggest you take a good read at this:

 

http://www.goc.gov.tr/files/files/YUKK_I%cc%87NGI%cc%87LI%cc%87ZCE_BASKI(1)(1).pdf

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