An eviction lawsuit based on personal need is a legal process through which a property owner can request the eviction of a tenant. This type of lawsuit can be filed in two main situations: When the landlord or their close relatives need the property for residential or commercial use (Article 350 of ...
Guarantees in Rental Agreements: What Guarantors Should Know
Rental agreements are legal documents that create various obligations for both tenants and landlords. To protect themselves in case the tenant fails to pay rent, landlords often require a guarantor. A guarantee provides legal assurance that the guarantor will assume responsibility for the tenant's debt if the tenant fails to fulfill their rental obligations. However, there are several important aspects of guarantee agreements that need to be understood.

What is a Guarantee Agreement?
A guarantee agreement is a legal contract in which the guarantor agrees to assume the tenant's debt if the tenant fails to pay.
- According to the Turkish Code of Obligations, a guarantee agreement must be in written form to be valid.
- The guarantor must clearly state the amount and scope of the guarantee in the signed agreement.
- Otherwise, the guarantee will be considered invalid.
Guarantor's Liability in a Rental Agreement
The extent of a guarantor's liability depends on the type of guarantee agreed upon:
Joint (Solidary) Guarantee
- The guarantor is directly liable if the tenant fails to pay rent.
- The landlord can demand payment from the guarantor without first pursuing the tenant.
Ordinary Guarantee
- The guarantor is liable only if the tenant fails to pay and it becomes clear that the debt cannot be collected from the tenant.
- In this case, the landlord must first pursue the tenant before claiming from the guarantor.
Fixed-term and Open-ended Guarantee
- If the guarantee is for a specific period, it ends when the rental contract ends.
- If it is open-ended, the guarantor remains liable as long as the rental obligation continues.
Conditions for a Valid Guarantee
Anyone intending to become a guarantor in a rental agreement must consider the following legal requirements:
- The guarantee agreement must be in written form.
- The amount and conditions of the guarantor's liability must be clearly stated.
- Spousal consent is required. Under Article 584 of the Turkish Code of Obligations, a married person cannot act as a guarantor without written consent from their spouse. Without this, the guarantee may be considered invalid.
- The duration of the guarantee must be compatible with the rental agreement.
Termination of Guarantee
A guarantee can end under certain conditions:
- End of Rental Agreement: If the guarantee is tied to the lease period, it ends once the lease expires.
- Debt Payment: If the tenant pays all their debts, the guarantor's obligation is nullified.
- Mutual Agreement: The guarantor and tenant may agree to release the guarantor from the obligation under certain conditions.
Conclusion
Becoming a guarantor in a rental agreement creates serious legal and financial responsibilities.
- Guarantors should carefully review the terms of the agreement, fully understand their obligations, and ensure compliance with legal requirements, especially the need for spousal consent.
- Properly drafted guarantee agreements are essential to avoid potential legal disputes for both the tenant and the guarantor.

