Who Owns the Maintenance Fee Obligation? Does the Owner or the Tenant Pay?

Short answer: Under the Condominium Ownership Law, common expenses belong to the unit owners, and the complex management claims the maintenance fee from the owner. Making the tenant pay is possible, but it depends on the clause in the rental contract.

The relationship between owner and tenant

• Towards the management: The owner is liable.
• Between themselves: Determined by the contract and practice. In most rental contracts, ordinary maintenance fees are charged to the tenant; major repairs and investment expenses fall on the owner.

Consequence of delay

The Condominium Ownership Law provides for late-payment compensation for unpaid maintenance fees. Management can start collection through enforcement. That is why a property sale or title transfer is not made without clearing the maintenance fee debt.

How should it be written in the contract?

1. The maintenance fee amount and payment time.
2. Who pays (tenant or landlord).
3. Who bears extraordinary expenses and the investment levy.
4. Bill and meter expenses.

For details, see our article how a rental contract is prepared.

Frequently asked questions

What if the tenant does not pay the maintenance fee?

Management claims it from the owner; the owner then recovers it from the tenant.

Does maintenance fee debt prevent a sale?

It is generally not checked at the land registry; however, it is recommended to add a clause to the sale contract stating that there is no maintenance fee debt. For details, see our article on maintenance fees and complex expenses.

Who decides on a maintenance fee increase?

The unit owners' board decides the annual budget.

Sources: mevzuat.gov.tr · adalet.gov.tr

This article is for general information only and is not legal advice; legislation and practice may change. Compiled as of October 2026. For your specific case, contact us or consult a lawyer.