Buyer Questions for Lease Agreement Records
When buying a tenanted property, “Is there a lease?” is too weak a question. Useful buyer questions force the file to produce verifiable answers about possession, income and continuing obligations. This guide sets out the questions to put to the seller or property manager before funds are released and the evidence that should accompany each answer.
1. Who is the tenant, and who occupies the property today?
Ask for the name on the lease and compare it with the actual occupant. If another person is using the unit, ask who that person is, why they are there and whether written consent exists for subletting or transfer of use. Article 322 of the Turkish Code of Obligations makes this particularly relevant for residential and roofed workplace leases. “A family member lives there” is not a complete answer unless possession is understood.
2. Which lease version governs?
Request the original contract and every addendum, renewal and written amendment. If rent, start date, deposit or other terms differ, ask for a written version history explaining what replaced what. The objective is not to collect more paper; it is to identify the document set the buyer will actually inherit after title transfer.
3. What is the current rent, and how is it evidenced?
Ask for a monthly ledger rather than an oral figure. Each period should show the amount due, amount paid, payment date and beneficiary. Article 313 places the rent-payment obligation on the tenant, while Article 315 addresses default in rent or due ancillary expenses. If arrears are claimed, ask for the exact period, amount and notice history instead of a general label.
4. Where is the security deposit, and who will return it?
Ask its amount, payment method, custody and whether any part has been used. Article 342 provides specific rules for contractual security in residential and roofed workplace leases. At closing, the buyer should know whether the deposit obligation is being transferred, settled by the seller or handled through another documented arrangement.
5. Are ancillary charges or apartment dues outstanding?
Separate rent from management charges, water, heating and other use expenses. Article 341 deals with certain use expenses and requires copies of supporting documents to be provided on request by the party bearing them. Ask for a statement identifying paid and unpaid items rather than accepting the single word “expenses.”
6. Have payment instructions or bank accounts changed?
Ask when and why they changed, who issued the instruction and whether the tenant was informed. A beneficiary change without a document can create a later dispute over whether rent was properly paid. Retain the old and new instructions and link each transfer to the relevant period.
7. Are there notices, claims, mediation, litigation or enforcement files?
Request complete copies and file numbers. “There is no court case” is not enough if mediation, enforcement or advanced notice steps are active. Since 1 September 2023, rental disputes within Article 18/B of the Mediation Law have generally been subject to mandatory pre-litigation mediation, subject to the statutory exception for eviction through non-judgment enforcement.
8. Does the sale assume the tenant remains or vacant possession is delivered?
This changes the valuation of the deal. Article 310 makes the new owner a party to the lease when ownership transfers, so title registration does not automatically cancel the tenancy. If the seller promises vacancy, ask for the evidence, timing and contractual protection if the promise is not achieved.
9. If the buyer wants to occupy the property, what legal route and timing are assumed?
Do not ask the vague question “Can I evict the tenant?” Ask whether the plan relies on the new-owner need route under Article 351, what notice is required, what deadlines apply and what proceeding may be necessary. A potential right is not the same as immediate possession, and timing and legal cost belong in the purchase decision.
10. Is there an evacuation undertaking?
If yes, request the original, the signature date and the circumstances in which it was given. Article 352 contains specific requirements and deadlines. A blurred photograph, disputed date or unexplained document should not be priced as a guaranteed vacant-possession solution.
11. What happens to rent and deposit on the title-transfer date?
Ask for a written closing settlement identifying the rent allocation by date, historic balances, deposit, new payment details, the records handed to the buyer and any communication to the tenant. That prevents the new ownership period from beginning with an information gap.
12. Which question remains unanswered by the file?
After reviewing the documents, create a short exception list: missing document, unexplained occupant, unmatched amount, notice without service evidence or unclear dispute. Give each exception an owner, deadline and consequence if it is not cured: conditional closing, repricing, legal hold or stop.
Conclusion: Good buyer questions do not seek reassurance; they seek a document, a date, an amount and a responsible person. When answers can be independently reproduced, the buyer can price income, possession and legal risk before title transfer instead of discovering them afterward.