Law No. 7464 on the Leasing of Houses for Tourism Purposes and Amendments to Certain Laws (“Law”) published in the Official Gazette dated 02.11.2023 and numbered 32357 regulates the procedures and principles regarding the leasing of houses used for tourism purposes to real and legal persons.
Leasing for Tourism Purposes
The Law regulates the rental of dwellings for tourism purposes. Tourism leasing is defined as the leasing of dwellings to users for a maximum period of one hundred days and for all kinds of purposes. In this case, if lessors rent out their dwellings for up to 100 days for any purpose whatsoever, such renting will be considered as for tourism purposes and will be within the scope of the Law.
Pursuant to Article 3 of the Law, it is mandatory to obtain a permit before entering into a housing lease agreement for tourism purposes. The permission certificate is defined in the Law as: “Permission certificate for renting for tourism purposes issued for the purpose of allowing the lessor to rent the dwelling to real or legal persons for a maximum period of one hundred days.” The said permission certificate is issued by the Ministry of Culture and Tourism, and the Ministry may exercise this authority through the governorship of the province where the residence rented for tourism purposes is located.
Application for Permit and Requirements
The conditions required for permit applications vary depending on the nature of the property subject to short-term rental for tourism purposes. For properties not located within a housing complex, the approval of all apartment owners in the building where the independent unit is located must be obtained and submitted during the permit application process.
In the case of properties within a housing complex containing multiple independent units, the consent of all apartment owners in the specific building where the unit intended for tourism rental is located is required. If the permit is granted, a copy of the permit must be submitted to the site management.
Sublease Prohibition
Pursuant to Article 2, paragraph (d) of the Law, which provides definitions, the party acting as the lessor in short-term rental agreements for tourism purposes may be the property owner, the holder of usufruct rights, or the holder of surface rights. Under Article 3, paragraph 7 of the Law, it is stipulated that individuals renting the property for their own use or tenants leasing from the permit holder are prohibited from subleasing the property.
The Law will come into effect on January 1, 2024.
