LEGAL RIGHTS OF THE TENANTS IN LEASE AGREEMENTS IN TURKEY

Rental law in Turkey is regulated under the Turkish Code of Obligations and contains detailed provisions regarding lease agreements, which constitute one of the most common contractual relationships in social life. Within this framework, legal rights of the tenants in Turkey consist of regulations that arise automatically upon the conclusion of the lease agreement and aim to guarantee the tenant’s use of the leased property, protect their economic benefit, and provide legal protection against the risks stemming from their position as the weaker party vis-à-vis the landlord.

Tenants rights in Turkey are directly linked to the landlord’s obligations throughout the performance of the lease agreement. This is because the landlord is obliged to leave the leased property to the tenant’s use as agreed in the contract and to ensure that this use continues in line with its purpose during the term of the agreement. Within the scope of these rights, the tenant may demand delivery of the leased property, its maintenance free from defects, its preservation in a usable condition, prevention of interference, or protection against excessive rent increases. Therefore, the scope of tenants rights in Turkey is not limited merely to payment of rent and use of the property; rather, it encompasses a wide range of rights serving the tenant’s economic and social protection.

In lease agreements in Turkey, it is of great importance for both the tenant and the landlord to know their rights and obligations in order to maintain a sound legal relationship between the parties and prevent possible disputes. In particular, it is crucial for tenants to know under which conditions the landlord may request eviction in Turkey or how rent increases can be implemented under rental law in Turkey; and for landlords to understand the legal grounds on which they can evict a tenant and the rights they have against the tenant, as this contributes to preventing future conflicts. However, in practice, the parties’ lack of sufficient knowledge regarding rental law in Turkey may lead to violations of the tenant’s fundamental rights such as the right to housing, as well as prevent landlords from properly exercising their property rights.

At this point, it should be emphasised that rental law in Turkey is a field requiring expertise due to its complex and detailed regulations. Especially in recent years, the growing housing demand, excessive rent increases, economic fluctuations, and the rise in eviction cases have made awareness and enforcement of tenants rights in Turkey even more relevant. Therefore, it is important for tenants to be fully informed about their rights regarding the pre-contractual stage, during the contractual period, and at the stage of eviction, and to be aware of the legal remedies available to them in case of infringement of these rights. Moreover, obtaining legal support from a lawyer specialised in rental law in Turkey in disputes concerning lease agreements will be highly beneficial for the protection of tenants rights in Turkey.

WHAT IS THE LEGAL NATURE OF A LEASE AGREEMENT IN TURKEY?

The main parties to a lease agreement in Turkey are the lessor (landlord) and the lessee (tenant). A lease agreement in Turkey is a type of contract that regulates the legal relationship between the lessor and the lessee, imposes obligations on both parties, and creates a continuous performance relationship between them. Under Article 299 of the Turkish Code of Obligations, the lessor is defined as the party who undertakes to leave the use or benefit of a leased property to the lessee in return for a certain payment.

The lessee, on the other hand, is the person who undertakes to pay the agreed rent in exchange for the right to use or benefit from the leased property. The lease agreement in Turkey established between these two parties is a carefully designed legal contract that determines their mutual rights and obligations and is formed by the concurrence of their wills. Furthermore, this agreement constitutes the most important piece of evidence before a court in case of a potential dispute. Therefore, in practice, it is important for the lease agreement in Turkey to be drafted in writing for evidential purposes.

Lease agreements in Turkey create reciprocal obligations between the parties and may vary depending on the type of lease (residential, commercial with a roof, agricultural lease, etc.). The scope of the rights and obligations is shaped by the nature of the leased property, its intended use, the term of the agreement, and the special conditions agreed upon by the parties. Although the rights of the lessor and lessee are regulated by statutory provisions, the lease agreement in Turkey sets out the framework, conditions of use, and limitations of these rights. These rights concretise the legal nature of the lease agreement, establish a legal relationship based on trust between the parties, and serve to protect their respective interests.

Moreover, the content and manner of drafting the agreement directly affect the nature of the lease relationship. The details of the lease agreement in Turkey may lead to differences in the rights and obligations of both the tenant and the landlord depending on the type of lease. For this reason, lease agreements in Turkey should be carefully reviewed before being signed, and both parties should develop a full understanding of their rights, obligations, and possible legal consequences. Otherwise, disputes arising from the lease relationship may cause irreparable damages for both the tenant and the landlord.

HOW IS A LEASE AGREEMENT IN TURKEY PREPARED?

The preparation of a lease agreement in Turkey is a process that must be carried out with legal diligence to protect both the tenant’s right to housing and the landlord’s right to property.

Every lease agreement in Turkey should be drafted appropriately according to its subjective conditions. Factors such as the nature of the property, purpose of leasing, manner of use, and duration directly affect both legal and tax obligations. Therefore, instead of using standard contract templates, it is advisable to prepare agreements tailored specifically for each leasing situation to avoid loss of rights and prevent future disputes.

The mandatory elements that should be included in a lease agreement in Turkey are as follows:

1. Identification of the Parties:

The rent agreement must clearly include the full identity details of the parties. Names, surnames, Turkish ID numbers, addresses, and contact information must be stated explicitly. If the party is a legal entity, its trade name, tax number, address, and authorised representative’s information should be included.

2. Description and Address of the Leased Property:

A clear description of the leased property must be provided. Especially for registered properties, details such as province, district, neighbourhood, block, parcel, building, floor, and independent section number should be stated to facilitate identification in case of dispute. For unregistered properties or those with Ottoman title deeds, their nature and features must be explicitly stated in the lease agreement.

3. Determination of the Rent Amount:

The rent amount, payment method, payment date, and increase rates must be clearly specified. Payment should be agreed upon in Turkish Lira, and if determined in foreign currency, the relevant provisions of the Turkish Code of Obligations must be considered. The bank account for rent payments or the requirement to issue a receipt for cash payments should also be included.

4. Determination of the Lease Term:

The lease term must be explicitly stated, including start and end dates, whether it is for a definite or indefinite period, and the renewal and termination conditions.

5. Deposit and Security Provisions:

The amount of deposit taken upon delivery of the property, conditions for its return, and whether it has been deposited into a bank account must be included. Under Turkish law, deposits must be placed into a term account opened by the landlord in the tenant’s name.

6. Condition of the Property upon Delivery:

The condition of the property at delivery, an inventory list, and any existing damages should be described in detail. This clarifies return obligations and responsibilities upon termination.

7. Purpose of Use:

Whether the property is to be used as a residence, commercial property with a roof, warehouse, or for another purpose must be clearly stated. This directly affects the legal regime and obligations of the parties.

8. Rights and Obligations of the Parties:

The agreement should detail the landlord’s obligations such as maintenance, repair, and ensuring the property is free from defects, as well as the tenant’s obligations to pay rent, use the property diligently, and comply with neighbourly conduct rules.

9. Eviction Conditions and Termination Provisions:

Eviction undertakings, termination notices, conditions under which the agreement ends, and return obligations must be clearly, understandably, and lawfully written.

10. Specification of Tax Liabilities:

The agreement should address the landlord’s income declaration and VAT obligations and whether the tenant has a withholding tax responsibility. Especially for commercial leases, income tax withholding applies, so payment methods and responsibility sharing should be clarified, and tax lawyer support should be sought.

11. Insurance Provisions:

Whether the property will be insured, who will pay the premiums, and whether fixtures within the property are covered by insurance should be regulated. This pre-determines potential liabilities for damages and compensation.

12. Subleasing and Assignment Prohibition:

The tenant’s ability to assign the lease or sublease the property must be explicitly regulated. Under Turkish Rental law, subleasing without the landlord’s written consent is prohibited. Therefore, the agreement should specify whether subleasing is banned or under what conditions it is permitted.

13. Common Expenses and Dues Payments:

Expenses such as site or building dues, maintenance and repair costs, caretaker salaries, and landscaping costs must be clearly allocated between the parties. For commercial leases, it is important to draft these in line with the management plan and condominium law provisions.

14. Notification Addresses:

Notification addresses must be stated explicitly to ensure validity of legal notices. The agreement should include a provision stating that notifications sent to the old address remain valid if address changes are not notified in writing to the other party.

15. Competent Court and Dispute Resolution:

The agreement should specify the competent courts for potential disputes and alternative dispute resolution methods (such as mediation or arbitration).

16. Signature and Date:

Finally, the lease agreement in Turkey must be read, signed by the parties, and dated. Ideally, each page should be initialled by both parties. Witness signatures, notary approval, or preparing the lease agreement via e-Government system are beneficial for evidentiary purposes.

LANDLORD TENANTS RIGHTS AND OBLIGATIONS UNDER THE LAW ON TENANTS RIGHTS

Landlord tenants rights in Turkey are fundamental legal concepts that balance the relationship between parties in rental agreements. The rights of the landlord in Turkey when renting out their property and the rights of the tenant to use the leased property, along with associated rights, are defined meticulously in a lease agreement.

These rights extend beyond mere rent payments and cover a wide range of aspects, including property maintenance and neighbor relations. Understanding the rights and responsibilities of both parties is essential for maintaining a fair and healthy landlord-tenant relationship.

List of Tenants Rights and Landlord Rights Arising from the Rental Law in Turkey:

The rights of tenants and landlords within the scope of rental law in Turkey are stated below.

• Delivery of the Leased Property: The leased property must be delivered to the tenant on the agreed-upon date in a condition suitable for the intended use, and this condition must be maintained throughout the duration of the contract.
• Use of the Leased Property: If the leased property is used by the tenant for purposes other than the intended use, the landlord has the right to terminate the lease agreement in Turkey.
• Rent Amount and Payment Obligation: The primary responsibility of the tenant in Turkey is to pay the rent in full and on time, as specified in the lease agreement. If the rent is delayed for two months within the same year, the landlord can initiate eviction proceedings in Turkey against the tenant.
• Limits on Rent Increase: The landlord cannot exceed the legal upper limit for rent increases in Turkey. Rejecting requests beyond the legally determined rent icrease rate in Turkey is a right of the tenant.
• Late Payment Situation: The tenant is obligated to pay the rent on the specified date in the lease agreement. However, in case of delay, the landlord cannot demand penalized rent. In such a situation, the landlord can file for eviction in Turkey if the conditions are met.
• Right of Landlord to Evict: The landlord cannot evict the tenant without just cause in Turkey. Conditions specified in the Code of Obligations must be met for the eviction of the tenant in Turkey.
• Preservation of Property: One of the primary obligations of the tenant is not to damage the leased property. The tenant is not responsible for ordinary wear and tear.
• Renovation Costs: The tenant is obliged to maintain the property as it was rented throughout the duration of the lease. Mandatory renovation costs are entirely the responsibility of the owner, but the tenant has the right to deduct their own mandatory expenses from the rent.
• Tenants Rights in Defective Conditions: In the case of significant defects in the property delivered or defects arising later, the tenant has the right to demand the rectification of defects, a reduction in rent, or compensation for damages from the landlord. Especially in the case of significant defects, the tenant has the right to terminate the contract.
• Rectification of Defects: If the tenant is unable to sufficiently benefit from the property during the lease period due to defects that occurred, the tenant has the right to request the landlord to rectify these defects.
• Insurance and Tax Obligations: Compulsory insurance, tax, and similar obligations related to the leased property are the responsibility of the landlord. These costs cannot be demanded from the tenant in Turkey.
• Obligation to Show the Property: The landlord can exercise the right to show the property to third parties in cases of maintenance or property sales, under the obligation of necessity.
• Assignment of Lease and Subleasing: One of the renters rights in Turkey is the ability to assign the use of the leased property to another person, provided that no harm is done to the property. However, in residential leases, if subleasing or lease assignment is explicitly prohibited, the tenant cannot exercise this right.
• Assertion of Rights by Third Parties: If a third party asserts a right (such as a mortgage or an action for prevention of interference) on the leased property that is inconsistent with the tenant’s rights, the landlord, upon notification from the tenant, is obliged to take over the case and remedy the damages suffered by the tenant.
• Change of Ownership of the Leased Property: When the ownership of the leased property changes in Turkey after the establishment of the lease agreement, the new owner becomes a party to the existing lease agreement. The change of ownership does not constitute grounds for eviction unless other conditions stipulated by law are met.
• Deposit and Right to Retrieval: When the tenant provides a deposit as security, they have the right to retrieve the deposit if there is no damage to the leased property upon termination of the lease agreement.
• Annotation in the Land Registry: One of the tenants rights in Turkey is to have the lease agreement annotated in the land registry. By annotating the lease agreement, the tenant secures their legal rights against third parties.
• Right to Privacy: The parties must act in compliance with the provisions of the Personal Data Protection Law (KVKK) throughout the lease relationship. Personal data shall only be used for the performance of the contract and within the scope of legal obligations.

CAN A LANDLORD EVICT THE TENANT WHEN A 1-YEAR LEASE AGREEMENT ENDS IN TURKEY?

One of the most commonly misunderstood issues in Turkey is the answer to the question: “Can a landlord evict the tenant when a 1-year lease agreement ends in Turkey?” In practice, lease agreements are usually drafted for a period of 1 year in Turkey, and at the end of this period, the agreement is automatically renewed for another year under the same conditions. The landlord cannot request the tenant to vacate the property solely because the 1-year lease term has ended in Turkey.

Regarding tenants right after 1 year in Turkey, in fixed-term lease agreements, the right to terminate the contract at the end of the term is granted only to the tenant. This means that the tenant may decide to terminate the lease agreement at the end of the 1-year period and notify the landlord accordingly. If the tenant decides not to renew the lease agreement, they must provide written notice to the landlord at least 15 days before the end of the term stating that they will not extend the contract. The landlord does not have such a right in Turkey.

These regulations have been introduced to prevent disputes between the parties and to protect tenant rights in Turkey. Both tenants and landlords should be aware of these provisions, which provide flexibility in certain situations while maintaining adherence to the agreement, and act accordingly.

WHAT ARE THE TENANTS RIGHTS AFTER 5 YEARS IN TURKEY?

In residential and commercial lease agreements in Turkey, the expiration of the agreed lease term does not automatically terminate the contract. For example, in a lease agreement continuing for 5 years, the end of this period does not mean automatic termination of the contract in Turkey. If the tenant intends to vacate the property, they must provide written notice at least 15 days before the end of the agreed period.

If the tenant fails to give this written notice at least 15 days before the lease ends, the lease agreement automatically renews for 1 year under the same conditions in Turkey. This right belongs exclusively to the tenant, and the landlord cannot unilaterally terminate the lease at the end of the term. This right is specifically granted to the tenant by law in Turkey.

Regarding tenants rights after 5 years in Turkey, if the lease term exceeds five years, the landlord has the right to file a lawsuit for determining the rent amount. This right applies regardless of the agreements made between the parties. For lease agreements exceeding five years, or renewed after five years, and at the end of every subsequent five-year period, the rent for the new lease year is determined by a judge based on the twelve-month average changes in the consumer price index (CPI), the condition of the leased property, and comparable rent values, ensuring equity. The judge will determine the rent amount based on comparable properties without being bound by the legally prescribed rent increase rate based on CPI.

In this case, the judge will set the rent amount independently of the legal CPI-based rent increase rate and based on comparable properties. During the lawsuit, an expert appraisal will be conducted based on comparable rent values to ensure a fair evaluation by the court while protecting tenant rights. The judge will balance the interests of both parties and strive for an equitable solution by considering the property’s condition and comparable rents due to the passage of five years. 

WHAT ARE THE TENANTS RIGHTS AFTER 10 YEARS IN TURKEY?

One of the most significant tenants rights in Turkey is the automatic one-year extension of lease agreements in the case of non-termination by the tenant in fixed-term lease contracts. However, the legislator, aiming to strike a balance between the rights of landlords and tenants, has introduced a regulation favorable to landlords regarding the tenants rights after 10 years in Turkey.

In 10-year lease agreements in Turkey, the landlord has the right to terminate the lease contract by providing notice at least 3 months before the end of each extension year following the completion of the 10 years, without citing any reasons. This provision is a crucial rule regulating the dynamics of contracts between parties and governing the tenants rights after 10 years in long-term lease relationships in Turkey.

In this context, to protect the rights of landlords in Turkey who have completed 10 years of lease agreements, landlords are granted the right to request the tenant to vacate the leased property without stating any reasons, subject to a specific notice period.

The right of a tenant who has completed 10 years to resist the landlord’s eviction request is applicable when not subject to the notice periods stipulated by the law on tenants rights in Turkey. Otherwise, if the tenant fails to provide the required written notice, the 10-year tenant must accept the landlord’s request and vacate the property. In case the tenant does not vacate the property, the landlord can apply to the court to demand the tenant’s eviction in Turkey. This regulation aims to manage lease relationships fairly and balance legal tenants rights in Turkey.

WHAT ARE THE RENTERS RIGHTS IN TURKEY WITHOUT A WRITTEN LEASE AGREEMENT?

The establishment of lease agreements in Turkey is ensured by the presence of mutual declarations of will, and it is not subject to any formal requirements. This situation indicates that orally declared intentions, realized through mutual agreement, are legally valid. The renters rights in Turkey without a written lease agreement are the same as those of a tenant with a written lease agreement. Importantly, even though written lease agreements provide an advantage in terms of evidence in potential disputes, oral lease agreements are also legally protected under Turkish Rental Law.

While written lease agreements may provide an advantage in terms of evidence, oral lease agreements are also protected under the Turkish Code of Obligations. Although the existence of a written contract is advantageous for proving, the rights of a tenant without a written lease agreement are legally safeguarded. Therefore, the tenants rights in Turkey without a lease agreement are legally protected as if a written lease agreement had been made.

The primary challenge faced by oral lease agreements in Turkey is the proof of the contract’s existence. However, residence registration, utility contracts, and other written evidence, along with witness statements, can be used to prove the existence of an oral lease agreement.

In conclusion, whether lease agreements are written or oral in Turkey, the landlord tenants rights are legally protected. It is essential for parties to eliminate potential disputes by clearly defining their rights and obligations through a written lease agreement and adhering to this agreement.

TENANTS RIGHTS IN TURKEY REGARDING RENT INCREASE AND ADJUSTMENT

The rent amount agreed between the parties can be increased in Turkey at the end of each rental year by the rate of increase stipulated in the contract. However, this increase rate cannot exceed the twelve-month average change rate of the Consumer Price Index (CPI) announced for the previous rental year, according to Article 344 of the Turkish Code of Obligations. This rule also applies to lease agreements longer than one year in Turkey.

If the parties do not agree on the increase rate for the next rental period, the rent amount will be determined by a judge in a manner that is equitable and does not exceed the CPI rate of the previous rental year, taking into account the condition of the leased property.

Due to unexpectedly high inflation rates in recent years, Temporary Article 1 was added to the Turkish Code of Obligations to protect tenants against excessive rent increases, limiting residential rent increases to 25%. However, according to Temporary Article 2 added to Law No. 6098, this 25% increase limit for residential lease agreements expired on July 1, 2024. After this date, rent increases in Turkey will again be based on the CPI rate. Tenants are not obliged to accept rent increases in Turkey exceeding the CPI rate.

The only exception to rent increases above the legal limit in Turkey is when the lease agreement has lasted more than five years or has been renewed after five years. In these cases, the landlord has the right to file a rent determination lawsuit to adjust the rent according to market conditions in Turkey. If there is a dispute over the rent amount, the tenant can also apply to the court to request a decision on the rent determination in Turkey.

IS IT POSSIBLE FOR A TENANT TO LEAVE THE PROPERTY BEFORE THE LEASE AGREEMENT ENDS IN TURKEY?

In Turkey, a tenant has the right to leave the leased property before the end of the term specified in the lease agreement without providing any reason. However, to prevent any loss or damage to the landlord in such cases, Article 325 of the Turkish Code of Obligations includes a special regulation.

According to this provision, when a tenant vacates the property without complying with the contract term or the notice period in Turkey, the tenant’s obligations under the lease continue during a reasonable “transfer period,” which is considered the time necessary to re-lease the property under similar conditions. In other words, even if the tenant leaves early in Turkey, they must pay the rent until the property is reasonably re-rented.

However, if the tenant finds a new tenant who is financially capable and willing to take over the lease, the tenant’s obligations under the lease terminate. This means the tenant’s responsibility ends depending on the contract established between the new tenant and the landlord.

On the other hand, the landlord must deduct from the rent owed by the tenant any expenses saved by not having to maintain the property and any benefits gained or deliberately avoided by using the property in another way. This rule prevents the landlord from unfairly profiting when the tenant terminates the contract early.

In conclusion, the law in Turkey allows tenants the right to early termination while limiting the landlord’s potential losses, aiming to maintain fairness between the parties. This regulation aims to ensure fair protection for both the renters rights in Turkey to use and the landlord’s interests by spreading the tenant’s rights over a reasonable period during the transfer process.

TENANT’S RESPONSIBILITY FOR COMMON EXPENSES AND APARTMENT DUES IN TURKEY

In Turkey, unless otherwise stipulated in the lease agreement for residential and covered commercial rentals, the tenant is responsible for covering usage expenses such as heating, lighting, and water. Within this scope, the tenant cannot demand reimbursement from the landlord for these types of usage-related expenses.

However, the landlord, as the property owner, is primarily responsible for the expenses related to the common areas of the building, apartment dues, and janitor fees. If explicitly regulated in the lease agreement, the tenant will be liable for these expenses. Therefore, there must be a contractual basis for charging common area expenses to the tenant.

The landlord may pay the common area expenses and later reclaim these costs from the tenant in Turkey. However, the tenant cannot be held responsible for expenses related to renovations, repairs, or maintenance of common areas. Specifically, expenses related to fixtures of the property, such as elevator repairs or insulation fees, cannot be charged to the tenant in Turkey. These types of expenses remain the landlord’s responsibility as the property owner.

Additionally, the tenant has the right to request expenses related to substantial structural changes within the leased property or building in Turkey. Especially for major repairs addressing defects not caused by the tenant, the tenant can seek reimbursement from the landlord. This regulation is an important provision aimed at protecting the tenant in Turkey in cases where defects hinder the use of the leased property.

TENANT’S RIGHT TO RECLAIM THE DEPOSIT IN TURKEY

When a lease agreement is made in Turkey, the parties may decide on the payment of a deposit. According to Article 342 of the Turkish Code of Obligations, in residential and covered workplace rentals if the lease imposes a deposit obligation on the tenant, the deposit amount cannot exceed three months’ rent. This regulation aims to ensure the tenant uses the property responsibly and to provide security to the landlord against possible damages.

Upon termination of the lease agreement in Turkey, the landlord is obliged to return the deposit to the tenant if no damage has been caused to the property. However, if the landlord claims that the tenant caused damage to the leased property, the landlord must initiate the necessary legal procedures to determine these damages. The landlord has a lien right on the deposit against damages caused by the tenant.

If the deposit payment is made through a bank, the landlord must notify the bank in writing within three months after the lease ends if they have filed a lawsuit related to the lease agreement or started enforcement proceedings against the tenant. If the landlord fails to do so, the bank is obliged to return the deposit to the tenant upon the tenant’s request.

These regulations establish a fair legal balance between tenant rights and landlord rights in Turkey. When the tenant uses the property responsibly, the deposit will be safely returned, but in case of damages, the landlord is protected.

HOW CAN A LANDLORD EVICT A TENANT IN TURKEY?

It is crucial to emphasize that in the Turkish Rental Law, the presence of reasons specified by law is mandatory for an eviction lawsuit against the tenant. Unless the conditions for the tenant’s eviction in Turkey, as stipulated by law, are met, it is not possible to evict the tenant through an eviction lawsuit in Turkey.

The necessary conditions for the tenant’s eviction and the most common reasons for eviction in Turkey are as follows:

• Eviction due to landlord’s need for the property
  (According to Article 350 of the Turkish Code of Obligations (TBK), if the landlord, their spouse, descendants, ascendants, or those they are legally responsible for need the residence or workplace)
• Eviction due to tenant’s neglect of the property
  (According to Article 316 TBK, if the tenant does not use the leased property in accordance with the contract or fails to exercise necessary care)
• Eviction due to the new owner’s need
  (According to Article 351 TBK, if the leased property changes ownership and the new owner needs the residence or workplace)
• Eviction due to reconstruction or zoning
  (According to Article 350/2 TBK, eviction for the purpose of substantial repair, expansion, or reconstruction of the leased property)
• Eviction based on a written eviction commitment
  (According to Article 352 TBK, if the tenant has given a written commitment to vacate)
• Eviction due to default for non-payment of rent
  (According to Article 315 TBK, if the tenant fails to pay rent and remains in default despite warning)
• Eviction due to two justified warnings for two unpaid rents within one year
  (According to Article 352/2 TBK, eviction when the tenant fails to pay rent on time twice within one rental year resulting in two justified warnings)
• Eviction due to tenant committing a crime against the landlord
  (According to Article 316 TBK, if the tenant behaves in breach of contract, especially committing crimes such as fraud, insult or violence against the landlord, eviction right arises)

In the presence of these conditions, the landlord can initiate an eviction lawsuit in Turkey, follow the legal procedures, and obtain a court decision to ensure the tenant vacates the property. 

HOW TO EVICT A TENANT WHO REGULARLY PAYS RENT IN TURKEY?

If a landlord in Turkey wants to evict a tenant despite regular rent payments, the legal way to do so is by filing a “vacation lawsuit due to need.” In this case, the landlord must prove that they, their spouse, descendants, ascendants, or someone they are legally responsible for need the property.

It is also crucial to strictly follow all procedural rules on time, as any procedural violation may result in the dismissal of the case on procedural grounds, preventing the landlord from achieving their claim.

In the vacation lawsuits due to need in Turkey filed at the Civil Court of Peace, the landlord is obliged to prove the necessity with concrete, convincing, and consistent evidence. Such evidence may include the current use of the property, the personal and family situation of the person in need, and the authenticity and urgency of the need. The court will evaluate in each specific case whether the need is sincere, genuine, and mandatory before making a decision.

TENANT RIGHTS IN TURKEY FOR URBAN TRANSFORMATION

Tenants rights in Turkey for urban transformation are crucial, especially in areas prone to earthquakes. This process mandates the evacuation of buildings deemed risky for demolition within a specified period, involving both property owners and tenants.

Landlords are obligated to notify the Provincial Directorates of Environment and Urbanization if tenants do not vacate the premises within the designated timeframe. For tenants who fail to evacuate the risky structure and impede the process, depending on the severity of the act, landlords must file a criminal complaint with the Public Prosecutor’s Office.

One of the most important renters rights in Turkey in urban transformation is the right to rental assistance. Rental assistance is determined as an one-time payment based on the tenant’s expenses for a 2-month period. Tenants facing the demolition request can apply for rental assistance by submitting their applications to the Provincial Directorates of Environment and Urbanization.

Required documents for tenants wishing to avail themselves of urban transformation tenant rights include a copy of the ID card, a utility bill in the tenant’s name, or a residence certificate proving residency in the risky structure, and a population registration sample based on the address where the tenant can declare they have moved. These documents are crucial for the examination process during rental assistance, ensuring tenants receive the rightful assistance in Turkey.

COMMERCIAL TENANTS RIGHTS IN TURKEY

Commercial tenants rights in Turkey are protected similarly to residential renters rights in Turkey, as both types of leases are regulated by the Turkish Code of Obligations. However, shop owners can evict tenants if the eviction reasons specified by the Turkish Code of Obligations occur.

In commercial leases in Turkey, just like in residential leases, fixed-term lease agreements do not automatically terminate at the end of the term. The tenant must provide written notice via a notary at least 15 days before the end of the lease term; otherwise, the agreement is automatically renewed for another year in Turkey.

Rent increase rates in Turkey for commercial properties, such as shops and workplaces, are also capped by the twelve-month average change rate of the CPI (Consumer Price Index), similar to residential leases. Any increase rate agreed between the parties cannot exceed the CPI rate.

Therefore, shop tenants must act carefully regarding rent increases and eviction matters and should examine the rent increase clauses in their lease agreements in detail. Being aware of the protections provided under the Turkish Code of Obligations and Turkish Commercial Law is extremely important for shop tenants to effectively defend their rights. Being aware of the protections provided by the Turkish Code of Obligations during the leasing process is crucial for defending commercial tenants rights in Turkey.

LEGAL TENANTS RIGHTS IN TURKEY WHEN THE RENTED HOUSE IS SOLD

The fundamental regulations regarding lease agreements are outlined in the Turkish Code of Obligations numbered 6098. Within this framework, Article 351 of the Turkish Code of Obligations addresses the change of ownership of the leased property, specifically encompassing tenants rights in Turkey when the house they rent is sold.

According to Article 351, if the property rented by the tenant changes hands, the new owner can request the tenant to vacate the premises within one month by providing written notice, claiming that they need the property. The new owner can file a lawsuit for eviction based on the claim of necessity in Turkey six months after the notification.

The legal tenants rights in Turkey whose rented house is sold are protected by the Turkish Code of Obligations. The sale of the leased property does not automatically terminate the lease agreement. For the new owner to evict the tenant, specific conditions must be met, and proper notification must be given within the designated time frames, based on a legitimate claim of necessity related to the acquired property.

In other words, certain conditions must be fulfilled for the new owner to request eviction due to the necessity of residential or commercial use. If these conditions are met, the new owner can file an eviction lawsuit in Turkey to remove the tenant from the property according to Rental Law in Turkey.

In conclusion, a lease agreement does not automatically terminate solely due to the sale of the property in Turkey. The new owner becomes a party to the lease agreement, and the terms of the lease continue unchanged. The legal tenants rights in Turkey whose rented house is sold remain protected. In such a case, it is important to seek assistance from a real estate lawyer in Turkey.

WHAT ARE THE TENANT’S RIGHTS IN TURKEY IN THE EVENT OF THE LANDLORD’S DEATH?

In the event of the landlord’s death in Turkey, the legal status of the lease agreement and the tenant’s rights are evaluated under the provisions of the Turkish Code of Obligations and inheritance law in Turkey. Upon the landlord’s death, the lease agreement is transferred to the heirs in Turkey. Since the heirs will acquire ownership of the property collectively through inheritance, all heirs who do not disclaim the inheritance in Turkey become the new landlords. In this context, the lease relationship continues as it is in Turkey, and the tenant’s existing rights remain protected. Therefore, the heirs become the parties to the lease agreement in place of the deceased landlord.

Inheritance-related lawsuits in Turkey, such as inheritance determination lawsuits, partition lawsuits, actions for annulment and registration of title deeds due to fraudulent transfer, or lawsuits based on abuse of power of attorney, do not affect the validity of the lease agreement or the tenant’s rights in Turkey. The lease agreement continues independently of inheritance disputes, and the tenant maintains all rights and obligations under the agreement against the heirs. Obtaining legal assistance from an inheritance lawyer in Turkey in such disputes will provide legal benefit.

However, in the event of the tenant’s death in Turkey, the tenant status terminates, and the lease agreement becomes invalid in Turkey. The tenant’s heirs do not inherit any rights arising from the lease agreement in Turkey; the lease relationship ends upon the tenant’s death.

In conclusion, the landlord’s death does not terminate the lease agreement in Turkey, and the legal relationship between the tenant and the heirs continues, whereas the tenant’s death results in the termination of the lease agreement in Turkey. These provisions set out the legal basis for the change of parties and the protection of parties’ rights in lease agreements in Turkey.

CAN THE LANDLORD ENTER THE PROPERTY IN TURKEY WITHOUT THE TENANT’S PERMISSION?

After signing a lease agreement in Turkey, landlords are prohibited from entering the rented property without the tenant’s permission and consent. The right to exclusive use of the property is transferred to the tenant through the lease agreement, and the rented premises are considered the tenant’s private residence. Unauthorized entry into the property without the tenant’s permission constitutes an intrusion into the tenant’s private life.

Entering the property without the tenant’s permission constitutes the criminal offense of “Violation of the Inviolability of the Residence” under the Turkish Penal Code. In such a situation, the tenant can file a criminal complaint against the landlord by submitting a complaint petition to the Prosecutor’s Office. When the lease agreement terminates, the tenant surrenders the keys to the landlord with a handover report, and the lease relationship comes to a complete end.

WHAT ARE THE TENANCY RIGHTS OF FOREIGNERS IN TURKEY?

The tenancy rights of foreigners in Turkey are generally equal to and protected to the same extent as those of Turkish citizens, as foreigners are subject to the same tenancy laws in Turkey. Under the Turkish legal system in Turkey, there is no special or different legislation applied to lease agreements for foreigners in Turkey. Therefore, foreigners, as tenants, have the same rights and obligations under the Turkish Code of Obligations and related regulations in Turkey, and no separate legislation under Foreigners Law applies specifically to tenancy in Turkey.

However, there are special legal provisions in Turkey concerning matters such as branches of foreign companies in Turkey, liaison offices in Turkey, acquisition of immovable property by foreigners in Turkey, and obtaining residence permits in Turkey. These provisions generally regulate foreigners’ rights to acquire ownership or long-term usage rights in Turkey and should be evaluated separately from the tenancy right itself.

Provided these aspects are taken into consideration, foreigners have the same tenancy rights as Turkish citizens in Turkey and can exercise all rights and obligations under their lease agreements. The legal status of foreigners in tenancy relationships in Turkey is not assessed differently from that of Turkish citizens, and their protection as tenants is legally ensured in Turkey; however, consulting an English-speaking lawyer in Turkey can be highly beneficial to fully understand one’s rights and avoid potential disputes.

WHERE TO APPEAL FOR TENANT RIGHTS IN TURKEY?

In Turkey, tenants can resort to specific avenues for asserting their rights in legal matters related to the leased property. The civil court in the location of the leased property is the competent court responsible for resolving disputes between the tenant and the property owner in Turkey. The competent court is the court where the leased property is located.

Although local rent commissions do not exist in Turkey, it is not possible to appeal to consumer arbitration boards either. However, in cases involving material and moral compensation claims, the competent court, depending on the nature of the claim, may be the first-instance civil court. Tenants are advised to seek legal advice for more information and guidance on legal matters.