Check for damage before the lease agreement

Lawyer Müslime Hacı stated that when making a lease agreement, it is necessary to check the damage report of the house, saying, “After the contract, it will open the path for evacuation compensation due to the damage.”

Lawyer Müslime Hacı, who mentioned that there is an option to appeal after the identification of risky structures, said, “The concept of risky structures is defined in the law numbered 6306 and is described as follows; it has been explained as being within or outside a risky area and being identified based on technical data that it has completed its economic lifetime or poses a risk of collapse or severe damage. Based on this text, we can say as follows; it is necessary for the identification of the building’s economic lifetime to be completed and the risk of collapse or severe damage to be determined based on technical data. For the identification of risky structures, there must first be an application. The identification procedure is also specified in Article 7 of the regulation, and according to that article, the identification of the structure can be carried out by the owners or the urban transformation department and administration ex officio. It can actually be said that tenants living in the building or limited real rights holders cannot make an application for the identification of risky structures. After the necessary documents for damage identification are prepared, an application can be made to the Provincial Directorate of Environment and Urbanization or designated administrative bodies. After the identification of risky structures, there is an option to appeal. The important point here is the time limits, and especially the owners should pay attention to the fact that it must be done within 15 days after they are notified. To be able to receive rent assistance, it is also necessary to have moved from the current address and to have applied within 1 year from the date of the building’s demolition at the latest,” she said.

Hacı stated that in the case of evacuation due to damage after the contract, the path for compensation will be open, saying, “If the house that the tenant resides in is damaged after the lease agreement and as a result of evacuation compensation will be awarded. Here, tenants can follow this path; they can apply to the Provincial Directorate of Environment and Urbanization with the damage assessment report and the contract. Especially after an earthquake, we suggest that those who will rent check whether their homes have been assessed for damage or if there is a report before making a lease agreement, and then proceed to make the contract. This way, grievances will be minimized.”