Tenants Rights in Turkey: Lease Agreements, Rent Increases, Eviction and Deposits

Tenants rights in Turkey include delivery of the property fit for use, protection against eviction at the end of the term, a CPI cap on rent increases, a deposit limited to three months’ rent and protection against eviction without a statutory ground; these rights are regulated by the lease provisions of the Turkish Code of Obligations No. 6098 (TCO) and arise automatically upon the conclusion of the lease agreement.

Rental law in Turkey contains detailed provisions regarding lease agreements, which constitute one of the most common contractual relationships in social life. These provisions 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. Under Turkish law, 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. 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.

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 Are the Basic Tenants Rights in Turkey?

The basic tenants rights in Turkey are delivery of the property in a usable condition, remedy of defects, protection against eviction at the end of the term, a CPI cap on rent increases, a limit on the deposit, and protection against eviction without a statutory ground. The table below summarises the main rights of tenants under the Turkish Code of Obligations and their legal basis. The conditions and exceptions of each right are explained under the relevant heading.

What Is the Legal Nature of a Lease Agreement in Turkey?

Under Turkish law, a lease agreement is a continuous contract imposing obligations on both parties, whereby the landlord undertakes to leave the use of a thing to the tenant and the tenant undertakes to pay the agreed rent in return. A lease agreement in Turkey regulates the legal relationship between the lessor and the lessee and creates a continuous performance relationship between them.

1. Who Is the Tenant and Who Is the Landlord Under Turkish Law?

The main parties to a lease agreement in Turkey are the lessor (landlord) and the lessee (tenant). 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 lessor does not have to be the owner of the property; a usufructuary or a tenant subletting the property may also conclude a lease as lessor.

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.

2. Why Should a Lease Agreement in Turkey Be in Writing?

Although a lease agreement in Turkey is not subject to any form requirement for validity, it 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. A written agreement also prevents the rent, increase rate, term and purpose of use from later becoming a matter of dispute.

3. Types of Lease Agreements in Turkey and Their Legal Consequences

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?

A lease agreement in Turkey is formed when the parties agree on the rent and the leased property; however, to avoid loss of rights, it should be drafted in writing and contain the elements listed below. The preparation of a lease agreement in Turkey, also referred to in practice as a rental contract, 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 in Turkey. 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.

WHAT SHOULD A LEASE AGREEMENT IN TURKEY INCLUDE?

The mandatory elements that should be included in a lease agreement in Turkey are as follows. Each of these elements serves as a reference point for determining the parties’ rights and obligations in the event of a dispute:

1. Identification of the Parties

Under Turkish law, 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

In Turkey, a clear description of the leased property must be provided, including the property type recorded in the title deed (residence, workplace, land, etc.). 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 or uncadastered 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

In a lease agreement in Turkey, 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

Under Turkish rental law, 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. A clearly stated term is decisive for calculating the renewal and ten-year extension periods under Turkish law.

5. Deposit and Security Provisions

For leases in Turkey, 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, a cash deposit must be placed by the tenant into a time savings account at a bank that cannot be withdrawn without the landlord’s consent.

6. Condition of the Property upon Delivery

In Turkey, 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

Under Turkish law, 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

A lease agreement in Turkey 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. Setting out these obligations clearly makes it easier to determine which party is responsible in defect or cost disputes.

9. Eviction Conditions and Termination Provisions

In Turkey, eviction undertakings, termination notices, conditions under which the agreement ends, and return obligations must be clearly, understandably, and lawfully written. Since termination clauses that are contrary to the law to the detriment of the tenant are invalid, these clauses must comply with the mandatory rules of the Turkish Code of Obligations.

10. Specification of Tax Liabilities

In Turkey, 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

For a lease in Turkey, 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

Under Turkish law, the tenant’s ability to assign the lease or sublease the property must be explicitly regulated. Under Turkish rental law, in residential and roofed commercial leases 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

In Turkey, 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

Under Turkish law, 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

For lease disputes in Turkey, the agreement should specify the competent courts for potential disputes and alternative dispute resolution methods (such as mediation or arbitration). It should also be borne in mind that in lease disputes in Turkey, applying to a mediator before filing a lawsuit is mandatory.

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 the e-Government system are beneficial for evidentiary purposes.

The elements that should be included in a lease agreement in Turkey are grouped below according to the function they serve in a dispute. The table can be used as a checklist when drafting the agreement.

Landlord Tenants Rights and Obligations Under the Law on Tenants Rights in Turkey

Landlord tenants rights in Turkey are built around the landlord’s duties to deliver the property, keep it free from defects and bear taxes and compulsory insurance, and the tenant’s duties to pay rent, use the property with care and return it. 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. The rights of tenants and landlords within the scope of rental law in Turkey are grouped by subject below.

1. Delivery of the Leased Property and Keeping It Fit for Use in Turkey

Under Turkish law, the landlord’s first obligation is to deliver the property in a condition fit for the agreed use and to keep it in that condition throughout the lease. The tenant’s remedies for defects derive from this obligation:

• 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.
• Tenants Rights in Defective Conditions: In the case of 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. If the landlord fails to remedy the defect within a reasonable time, the tenant may have it remedied at the landlord’s expense and offset this claim against the rent.
• Renovation Costs: The tenant is obliged to maintain the property as it was rented throughout the duration of the lease. Necessary repair costs to keep the property fit for use are the responsibility of the owner; the tenant may deduct from the rent the costs incurred for a defect that the landlord failed to remedy within a reasonable time (TCO Art. 306).

2. Rent, Late Payment and Rent Increase in Turkey

Under Turkish rental law, the tenant’s main obligation is to pay rent, while the law protects the tenant against excessive increases and penalty clauses. The main rules are as follows:

• 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 two justified warnings have been sent within one rental year for two unpaid rents, the landlord can initiate eviction proceedings in Turkey against 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 residential and roofed commercial leases, clauses imposing a penalty or making future rents immediately due upon non-payment are invalid. In such a situation, the landlord can file for eviction in Turkey if the conditions are met.
• Limits on Rent Increase: The landlord cannot exceed the legal upper limit for rent increases in Turkey. Rejecting requests beyond the legally determined rent increase rate in Turkey is a right of the tenant.

3. Use of the Leased Property and the Duty of Care in Turkey

Under Turkish law, the tenant must use the property in accordance with the contract and with due care, and must show respect to other residents and neighbours. Breach of this duty may lead to termination under certain conditions:

• 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. In residential and roofed commercial leases, termination generally requires a written warning giving the tenant at least thirty days.
• 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.

4. Insurance, Taxes and Other Burdens of the Landlord in Turkey

Under the Turkish Code of Obligations, public charges and compulsory insurance relating to the leased property are borne by the landlord. The costs that can be charged to the tenant are limited by law and by the contract:

• Insurance and Tax Obligations: Compulsory insurance, tax, and similar obligations related to the leased property are the responsibility of the landlord. Unless otherwise agreed or provided by law, 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, re-letting or property sales to the extent necessary, and the tenant must permit this. This right must be exercised with prior notice to the tenant and with regard to the tenant’s interests.

5. Subleasing and Assignment of the Lease in Turkey

In residential and roofed commercial leases in Turkey, the tenant cannot sublease the property or transfer its use to another person without the landlord’s written consent. Assignment of the lease relationship to another person also requires the landlord’s written consent; however, in commercial leases the landlord cannot refuse consent without a justified reason.

The sublease agreement between the subtenant and the main tenant is not independent of the main lease; the subtenant cannot use the property in any way other than that permitted to the main tenant. Letting the property for short stays on daily rental platforms without the landlord’s written consent also breaches the sublease prohibition, and unlicensed short-term rentals may be subject to administrative fines in Turkey.

If the leased property is used as the family home, the tenant cannot terminate the lease or restrict the rights over the family home, for example by subletting it, without the spouse’s express consent (TCO Art. 349, Turkish Civil Code Art. 194). The non-tenant spouse becomes a party to the lease by notifying the landlord and is then jointly and severally liable with the other spouse; in that case the landlord must send the termination notice and any warning with a payment deadline to each spouse separately. This protection applies as long as the marriage continues, including while a divorce case in Turkey is pending.

6. Third-Party Claims, Change of Ownership and Land Registry Annotation in Turkey

Under Turkish law, the tenant’s right of use is also protected against third parties claiming rights over the property and against a new owner who later acquires it. The main forms of this protection are as follows:

• 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.
• 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; every owner acquiring the property during the annotation must tolerate the tenant’s use in accordance with the contract.

7. Deposit and Protection of Personal Data in Turkey

Under Turkish law, the tenant has the right to recover the deposit at the end of the lease and the right to the protection of their personal data during the lease. These two rights can be summarised as follows:

• 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.
• 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.

The table below shows which party bears the main obligations in a lease relationship under Turkish law and their legal basis. Each rule in the table is explained under the relevant heading above.

Who Pays for Repairs, Maintenance and Breakdowns in a Rented Home in Turkey?

Under Turkish law, minor maintenance and cleaning costs arising from use are borne by the tenant, whereas major repairs and breakdowns of fixtures needed to keep the property fit for use are borne by the landlord. This distinction is based on Article 301 of the Turkish Code of Obligations, which regulates the landlord’s duty to keep the property free from defects, and Articles 316 and 317, which regulate the tenant’s duty of care. Even if the contract contains a special cost-sharing clause, provisions contrary to the mandatory rules of the law to the detriment of the tenant are invalid.

1. What Must a Tenant Pay For in Turkey?

In Turkey, the tenant is obliged to bear the cleaning and maintenance costs required for the ordinary use of the property in accordance with local custom. Usage costs such as heating, lighting and water are also borne by the tenant unless otherwise agreed. The main costs the tenant must pay are as follows:

• Usage Costs: Subscription and consumption charges for electricity, water, natural gas and internet that depend on the tenant’s use.
• Minor Maintenance and Cleaning Costs: Replacement of small parts worn by ordinary use, such as light bulbs, seals and tap heads, and periodic cleaning.
• Damage Caused by the Tenant’s Fault: Repair of breakages and malfunctions resulting from careless use by the tenant, persons living with them or their guests.

2. Does the Tenant or the Landlord Pay for Boiler Repairs in Turkey?

Since the combi boiler is a fixture of the leased property in Turkey, repair and part replacement costs arising from its service life or structural causes are borne by the landlord. Malfunctions not caused by the tenant’s fault, such as a failure of the main board, heat exchanger or pump, fall within this scope. By contrast, annual periodic maintenance and radiator cleaning are ordinary maintenance costs borne by the tenant; the tenant is also liable for breakdowns caused by user error, such as running the device without water or failing to protect it from frost.

In the event of a breakdown, the tenant should obtain a report from an authorised service stating the cause of the malfunction and notify the landlord in writing. If the landlord fails to remedy the malfunction within a reasonable time despite notice, the tenant may have it repaired at the landlord’s expense and deduct the cost from the rent under Turkish law. The same principle applies to other fixtures such as toilets, water heaters, electrical and plumbing installations, and to installation-related damage such as water leaking into the flat below without the tenant’s fault.

3. Which Costs Can a Tenant Deduct From the Rent in Turkey?

Under Turkish law, if the landlord fails to remedy a defect within a reasonable time, the tenant may remedy it at the landlord’s expense and deduct the resulting claim from the rent. To exercise this right, the defect must not have been caused by the tenant, the landlord must have been notified, and the landlord must have been given a reasonable time to remedy it. Painting, decoration or renovations made at the tenant’s own discretion cannot be deducted from the rent.

4. Who Pays for Compulsory Earthquake Insurance (DASK) in Turkey?

Compulsory earthquake insurance (DASK) is the obligation of the building owner under the Disaster Insurance Law No. 6305 (or of the usufructuary), and its premium cannot be demanded from the tenant in Turkey unless otherwise agreed in the lease. Article 302 of the Turkish Code of Obligations also provides that compulsory insurance and taxes relating to the leased property are borne by the landlord. Home contents insurance that the tenant may take out for their own belongings is optional and borne by the tenant.

5. Does the Tenant Pay the Environmental Cleaning Tax in Turkey?

Under the Municipal Revenues Law No. 2464, the environmental cleaning tax in Turkey is paid by those who use the buildings; therefore, in a rented home the tax is paid by the tenant. Since this tax is collected for residences together with the water bill on the basis of water consumption, it is automatically reflected to the tenant where the water subscription is in the tenant’s name. Property tax, on the other hand, is payable by the building owner under the Property Tax Law No. 1319 and likewise cannot be demanded from the tenant unless otherwise agreed.

The table below summarises which party bears the most frequently disputed costs in a rented home in Turkey. The table shows the statutory rule; taxes and compulsory insurance may be shifted to the tenant by contract.

Can a Landlord Evict the Tenant When a 1-Year Lease Agreement Ends in Turkey?

In residential and roofed commercial leases in Turkey, the landlord cannot request the tenant to vacate the property solely because the 1-year lease term has ended. 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.

1. Who Has the Right to End the Lease at the End of the Term 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. The landlord does not have such a right in Turkey; the landlord may only end the lease if one of the statutory grounds for eviction exists or at the end of the ten-year extension period.

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.

2. How Much Notice Must a Tenant Give Before Moving Out in Turkey?

In a fixed-term lease in Turkey, the tenant must notify the landlord in writing at least 15 days before the end of the term that they will not extend the lease. 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. If notice is not given in time, the lease is renewed for another year on the same terms and the tenant’s rent obligation continues.

In indefinite-term leases, the tenant may terminate the agreement at any time by complying with the statutory termination dates and notice periods. For immovable property in Turkey, this is a written notice given three months in advance for the end of the rental period set by local custom or, absent such custom, the end of a six-month rental period; a longer notice period or a different termination date may be agreed, and a notice that does not respect the period takes effect for the next termination date.

3. How Does an Indefinite-Term Lease End in Turkey?

Under Turkish law, the tenant may terminate an indefinite-term residential or roofed commercial lease at any time by observing the statutory termination dates and periods, while the landlord may, as a rule, terminate it without giving reasons only after ten years have passed from the start of the lease. For the landlord to end the agreement before ten years, one of the statutory grounds for eviction, such as need, reconstruction, default or two justified warnings, must exist. Oral lease agreements concluded without specifying a term are also subject to the rules on indefinite-term leases.

What Are the Tenants Rights After 5 Years in Turkey?

Under Turkish law, the lease of a tenant who has completed five years does not end automatically and the landlord cannot evict the tenant because the period has expired; the only change after five years is that the rent may be redetermined by a judge based on comparable rents. 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.

1. Does a Lease End After Five Years in Turkey?

If the tenant intends to vacate the property in Turkey, 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.

2. Can a Rent Determination Lawsuit Be Filed Against a Tenant of Five Years 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.

Before the Turkish courts, the judge will determine the rent amount based on comparable properties without being bound by the legally prescribed rent increase rate based on CPI. 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.

The date from which the newly determined rent applies in Turkish practice depends on when the lawsuit is filed. If the lawsuit is filed at least thirty days before the start of the new rental period, or if the landlord has notified the tenant in writing within this period that the rent will be increased and files the lawsuit by the end of the following rental period, the rent determined by the court binds the tenant from the beginning of the new rental period. If the contract contains a clause on increasing the rent in the new period, the same result applies under Turkish law to a lawsuit filed by the end of that period.

What Are the Tenants Rights After 10 Years in Turkey?

Under Turkish law, once the ten-year extension period has expired, the landlord may terminate the lease without giving any reason by giving notice at least three months before the end of each subsequent extension year. 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.

1. How Is the Ten-Year Period Calculated in Turkey?

In fixed-term leases in Turkey, the ten-year period is calculated from the extension years that begin after the initial agreed term has expired. For example, in a 1-year lease, the landlord cannot exercise the right of termination without cause until the first year and the following ten extension years, eleven years in total, have passed. In indefinite-term leases, the ten years are calculated from the start of the lease relationship.

In its decision Yargıtay (Court of Cassation) 3rd Civil Chamber, E. 2025/4720, K. 2025/5281, dated 05.11.2025, the Turkish Court of Cassation accepted that in a 5-year roofed commercial lease starting on 01.08.2004, the five-year term ended on 01.08.2009 and the ten-year extension period was completed only on 01.08.2019. The decision states that an eviction lawsuit filed after written notice of termination given at least three months before the end of the extended rental year was filed in time, and stresses that such a lawsuit must be filed after mandatory mediation.

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

2. How Can a Tenant of Ten Years Be Evicted in Turkey?

Under Turkish law, a landlord’s right to evict a tenant who has completed 10 extension years is strictly subject to the notice periods stipulated by law. The landlord must provide the tenant with written notice at least 3 months prior to the end of the extended lease year; otherwise, the lease automatically renews, and the tenant cannot be evicted for that year. If the tenant fails to vacate the property despite receiving a valid and timely notice, the landlord cannot forcibly evict the tenant but must file an eviction lawsuit with the court.

This regulation aims to maintain a legal balance between the landlord’s rights and statutory tenant protections while ensuring lease disputes in Turkey are resolved strictly through judicial channels. Even after giving notice, the landlord cannot remove the tenant on their own; eviction can only be carried out by court decision or through enforcement proceedings.

What Are the Renters Rights in Turkey Without a Written Lease Agreement?

The renters rights in Turkey without a written lease agreement are the same as those of a tenant with a written lease agreement, because a lease agreement is not subject to any form requirement under Turkish law. The establishment of lease agreements in Turkey is ensured by the presence of mutual declarations of will. Therefore, the rights of a tenant without a written contract are also guaranteed by law. This situation indicates that orally declared intentions, realized through mutual agreement, are legally valid.

1. Is an Oral Lease Agreement Valid in Turkey?

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, rent payments made through a bank and other written evidence, along with witness statements, can be used to prove the existence of an oral lease agreement.

2. Can a Landlord Evict a Tenant Without a Lease Agreement in Turkey?

In Turkey, the absence of a written lease agreement does not give the landlord a right to evict the tenant; in an oral lease relationship, the tenant can likewise only be evicted on one of the statutory grounds for eviction. Since an oral lease without an agreed term is deemed to be of indefinite duration, the landlord may exercise the right of termination without cause only after ten years have passed from the start of the lease. If the tenant does not leave, the landlord must rely on a ground for eviction such as need or default and apply to mediation and the Turkish courts; the landlord cannot try to remove the tenant by cutting off water, electricity or gas or by changing the locks.

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

In residential and roofed commercial leases in Turkey, the increase rate applied in the renewed rental year cannot exceed the twelve-month average change in the consumer price index of the previous rental year, and the tenant is not obliged to accept a rent increase above this rate. 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.

1. How Is the CPI Cap Applied to Rent Increases in Turkey?

The rent 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. Thus, even in the absence of an agreed increase clause, the CPI ceiling continues to protect the tenant.

2. Does the 25% Cap on Residential Rent Increases Still Apply in Turkey?

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.

Since that date, rent increases have again been subject to the CPI ceiling under Article 344. Tenants are not obliged to accept rent increases in Turkey exceeding the CPI rate.

3. When Is a Rent Increase Above the Legal Limit Possible in Turkey?

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 in Turkey to adjust the rent according to market conditions. 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, under Article 325 of the Turkish Code of Obligations the tenant remains liable for rent until the property can reasonably be re-let. This rule also applies where a tenant leaves before a 1-year lease ends. The regulation aims to prevent any loss or damage to the landlord in such cases.

1. Rent Liability During a Reasonable Transfer Period in Turkey

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.

2. Finding a New Tenant in Turkey

However, under Turkish law, 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.

3. The Landlord’s Duty to Deduct Savings in Turkey

On the other hand, under Turkish law 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.

How Many Days Can a Tenant Delay Rent in Turkey and What Happens If Rent Is Not Paid?

Turkish law grants the tenant no grace period for late payment; if rent is not paid on the date set in the contract the tenant is in default, and in residential and roofed commercial leases the landlord may send a written warning giving at least thirty days. If the tenant still does not pay within this period, the landlord may terminate the lease and request the tenant’s eviction. The consequences of late rent vary according to the length and repetition of the delay.

Under Article 315 of the Turkish Code of Obligations, the landlord gives the tenant who has not paid rent that has fallen due a written deadline and states that the lease will be terminated if payment is not made within that period. This period is at least thirty days in residential and roofed commercial leases. The warning must clearly state the unpaid rental period and that the lease will be terminated at the end of the period.

Tenant’s Responsibility for Common Expenses and Apartment Dues in Turkey

In Turkey, the tenant pays usage expenses such as heating, lighting and water, whereas common expenses such as apartment dues and caretaker fees primarily belong to the owner and can be charged to the tenant only if expressly agreed in the lease. This rule applies to residential and covered commercial rentals unless otherwise stipulated in the lease agreement.

1. Usage Expenses 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.

2. Does the Tenant Pay Apartment Dues in Turkey?

Under Turkish law, 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. As regards a tenant who does not pay dues, under Article 22 of the Turkish Condominium Law the tenant is jointly and severally liable with the owner for the owner’s share of expenses, advances and late-payment compensation, but only up to the amount of rent the tenant owes, and any payment made is deducted from the rent; a tenant’s failure to pay dues may therefore lead to collection proceedings by the management and to a dispute with the landlord.

3. Expenses That Cannot Be Charged to the Tenant in Turkey

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; even if the management collects them from the tenant under Article 22 of the Condominium Law, the tenant may deduct the amount paid from the rent.

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.

4. Can a Tenant Be the Building Manager in Turkey?

Since Article 34 of the Turkish Condominium Law provides that the manager may be elected from among the owners or from outside, a tenant may also be elected as building manager by a decision of the owners’ assembly. A tenant elected as manager is subject to the duties and responsibilities of a manager and, like any manager, is re-appointed each year at the annual meeting of the owners’ assembly. The management role does not change the tenant’s rights and obligations under the lease.

Tenant’s Right to Reclaim the Deposit in Turkey

In Turkey, a tenant who has not damaged the property has the right to recover the deposit when the lease ends, and in residential and roofed commercial leases the deposit cannot exceed three months’ rent. When a lease agreement is made in Turkey, the parties may decide on the payment of a deposit. This regulation aims to ensure the tenant uses the property responsibly and to provide security to the landlord against possible damages.

1. Deposit Limit and Time Deposit Account in Turkey

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. If it has been agreed that the deposit is given as money or securities, the tenant places the money in a time savings account that cannot be withdrawn without the landlord’s consent, or deposits the securities with a bank. The bank may release the deposit only with the consent of both parties, on the basis of finalised enforcement proceedings or a final court judgment.

2. When and How Is the Deposit Returned in Turkey?

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. Since the bank can release the deposit only with both parties’ consent, finalised enforcement proceedings or a final court judgment, the landlord must assert a damage claim with the tenant’s consent or through a lawsuit or enforcement proceedings.

If the deposit payment is made through a bank in Turkey, 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. This rule prevents the deposit from being held indefinitely at the landlord’s sole discretion.

3. What Can a Tenant Do If the Landlord Does Not Return the Deposit in Turkey?

If the landlord in Turkey refuses to return the deposit without a justified reason, the tenant must first apply to a mediator and, if no agreement is reached, file a receivable lawsuit for the return of the deposit before the civil court of peace. If the deposit was placed in a time savings account at a Turkish bank, the tenant may request its return directly from the bank once three months have passed after the end of the lease without the landlord notifying the bank of a lawsuit or enforcement proceedings. In this process, the key handover report, photographs taken at handover and documents showing the condition of the property are the tenant’s most important evidence.

4. Does a Tenant Have to Repaint the Property When Moving Out in Turkey?

Under Turkish law, the tenant must return the property in the condition in which it was received, except for wear resulting from use in accordance with the contract; therefore, the tenant does not have to repaint the property because of ordinary paint wear. Article 334 of the Turkish Code of Obligations expressly provides that the tenant is not liable for wear resulting from use in accordance with the contract. However, if there is damage exceeding ordinary use, such as stains, holes or deterioration caused by neglected damp resulting from the tenant’s careless use, the tenant may be liable for the cost of repair; recording the condition of the paint in the handover report prevents this dispute.

In its decision Yargıtay (Court of Cassation) 3rd Civil Chamber, E. 2019/5471, K. 2019/10231, dated 18.12.2019, the Turkish Court of Cassation held that where the lease contains no clause requiring the paint to be renewed on vacating, painting costs result from ordinary use and the claim for them must be rejected. The decision also stresses that the tenant is not liable for wear and deterioration resulting from ordinary use in accordance with the contract, but only for damage caused by misuse. Whether the lease contains an express clause on repainting at move-out is therefore decisive for the tenant’s liability.

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?

In Turkey, a landlord can only evict a tenant on one of the grounds for eviction listed in the Turkish Code of Obligations and only through a lawsuit or enforcement proceedings. It is crucial to emphasize that in 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.

1. On What Grounds Can a Tenant Be Evicted in Turkey?

The necessary conditions for the tenant’s eviction and the most common reasons for eviction in Turkey are as follows. Each ground has its own conditions and time limits for filing a lawsuit:

• 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 addition, under Article 352/3 TBK, if the tenant or the spouse living with them owns a habitable residence within the same district or municipality and the landlord did not know this when the lease was concluded, the landlord may terminate the lease through a lawsuit within one month from the end of the lease. 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. The court will then order the eviction of the tenant from the property.

2. Can a Landlord Cut Off Water or Electricity or Change the Locks in Turkey?

In Turkey, a landlord cannot cut off the water, electricity or gas of the leased property, change the locks or remove the tenant’s belongings in order to evict the tenant or collect rent. Eviction of a tenant in Turkey may only be carried out by court decision or through the enforcement office. In the event of such interference, the tenant may seek protection of possession before the civil court of peace and an injunction against interference, claim compensation for damages and, depending on the nature of the act, file a criminal complaint.

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, one of the legal ways to do so is by filing an “eviction 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 its decision Yargıtay (Court of Cassation) 3rd Civil Chamber, E. 2024/1007, K. 2025/97, dated 08.01.2025, the Turkish Court of Cassation held that in eviction lawsuits based on need, eviction can only be ordered if the need is proven to be genuine, sincere and compelling. The decision stresses that a temporary need, or a need that has not yet arisen or depends on a long period to materialise, cannot be a ground for eviction, and that the need must continue throughout the proceedings.

Tenant Rights in Turkey for Urban Transformation

The most important right of a tenant in urban transformation in Turkey is the one-time rent assistance available under Law No. 6306 on the Transformation of Areas under Disaster Risk if the tenant vacates the risky building. 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.

1. Obligations of the Tenant in the Evacuation of a Risky Building in Turkey

If the tenant does not vacate the risky building within the designated timeframe in Turkey, the owner may notify the administration carrying out the process (the Provincial Directorate of Environment, Urbanisation and Climate Change). Under Law No. 6306, depending on the act and the circumstances, a criminal complaint is filed with the Public Prosecutor’s Office against those who obstruct the determination, evacuation or demolition of risky buildings. If evacuation is obstructed, it is carried out at the request of the Presidency or the administration by law enforcement with the written permission of the local administrative authority.

2. Can a Tenant Receive Rent Assistance in Urban Transformation in Turkey?

One of the most important renters rights in Turkey in urban transformation is the right to rental assistance. A tenant in Turkey who documents residence in the risky building and vacates it may apply to the Ministry for rent assistance under the implementing regulation of Law No. 6306. While rent assistance is paid to owners monthly for a certain period, for tenants it may be paid once, in an amount equal to twice that monthly rent amount.

3. How Much Is Urban Transformation Rent Assistance in Turkey and How to Apply?

The amount of urban transformation rent assistance in Turkey is calculated on the basis of the monthly rent amount set by the Presidency of Urban Transformation, and the tenant receives twice that amount in a single payment. Tenants facing the demolition request can apply for rental assistance by submitting their applications to the Provincial Directorates of Environment, Urbanisation and Climate Change or through the “Risky Building Rent Assistance Application under Law No. 6306” service on e-Government. Rent support provided by municipalities from their own budgets is separate from this assistance, and its conditions are set by the relevant municipality.

Required documents for tenants wishing to avail themselves of urban transformation tenant rights in Turkey include the following:

• Identity Document: A copy of the ID card.
• Proof of Residence: A utility bill in the tenant’s name, or a residence certificate proving residency in the risky structure.
• Proof of Evacuation: 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. Applying within a reasonable time after the risky building has been vacated and with complete documents prevents loss of rights.

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 same special provisions of the Turkish Code of Obligations. 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. However, shop owners can evict tenants if the eviction reasons specified by the Turkish Code of Obligations occur.

1. Does a Commercial Lease End at the End of the Term in Turkey?

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 at least 15 days before the end of the lease term; otherwise, the agreement is automatically renewed for another year in Turkey. For ease of proof, it is advisable to send this notice via a notary.

2. How Is the Rent Increase for Commercial Properties Determined 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; in commercial leases exceeding five years, the rent may be redetermined through a rent determination lawsuit taking comparable rents into account.

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 by the Turkish Code of Obligations during the leasing process is crucial for defending commercial tenants rights in Turkey.

3. What Are the Tenant’s Rights When the Shop Owner Changes in Turkey?

When a shop changes hands in Turkey, the new owner becomes a party to the existing lease and the lease continues on the same terms. If the new owner or their relatives need the workplace, the new owner may give written notice within one month from acquisition and file an eviction lawsuit six months later. Unless these conditions are met, the sale of the shop alone does not constitute a ground for evicting the tenant.

Legal Tenants Rights in Turkey When the Rented House Is Sold

In Turkey, the lease of a tenant whose rented house is sold does not end with the sale; the new owner becomes a party to the lease and can only have the tenant evicted by proving their own need within the statutory periods. 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. Therefore, the tenant’s status and the terms of the existing lease agreement should also be taken into consideration when buying a property in Turkey.

What Are the Tenant’s Rights in Turkey in the Event of the Landlord’s Death?

In Turkey, the death of the landlord does not terminate the lease; the lease passes to the heirs and the tenant’s rights continue unchanged. 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.

1. What Happens to the Lease If the Landlord Dies 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; 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.

2. What Happens to the Lease If the Tenant Dies in Turkey?

Under Turkish tenancy law, the death of a tenant does not automatically invalidate or terminate the lease agreement. Instead, the rights and obligations under the lease pass to the tenant’s heirs; persons who lived with the deceased tenant in the same residence and, in commercial leases, the deceased tenant’s partners or those of their heirs who carry on the same profession or trade may continue the lease as parties as long as they comply with the contract and the law (TCO Art. 356). The tenant’s heirs may terminate the lease for the nearest termination date by observing the statutory notice period, even if the lease is for a fixed term.

In conclusion, under the Turkish Code of Obligations (TCO Arts. 333 and 356), neither the death of the landlord nor the death of the tenant automatically terminates a lease agreement in Turkey. In both scenarios, the legal relationship continues with the respective legal heirs, thereby ensuring the stability of tenancy agreements and safeguarding the rights of the parties.

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. The landlord’s right to show the property for maintenance, sale or re-letting may only be exercised to the extent necessary and with notice given to the tenant a reasonable time in advance; to that extent the tenant must allow it (TCO Art. 319).

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. Recording the condition of the property at handover, meter readings and fixtures in the key handover report provides evidence in the tenant’s favour in deposit and damage disputes before the Turkish courts.

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, 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, a tenant must apply to a mediator before filing a lawsuit in disputes arising from the lease relationship; if no agreement is reached in mediation, the competent court is the civil court of peace. In Turkey, tenants can resort to specific avenues for asserting their rights in legal matters related to the leased property. These avenues are explained below according to the type of dispute.

1. Is Mediation Mandatory in Lease Disputes in Turkey?

Since 1 September 2023, applying to a mediator before filing a lawsuit has been a precondition for lawsuits arising from lease relationships in Turkey. This rule is based on Article 18/B added to the Law No. 6325 on Mediation in Civil Disputes by Law No. 7445 and covers disputes such as rent determination, eviction and return of the deposit. Eviction proceedings carried out through summary enforcement without judgment under the Enforcement and Bankruptcy Law are outside the scope of mandatory mediation.

2. Which Court Has Jurisdiction Over Lease Disputes in Turkey?

The civil court of peace is the competent court in all lawsuits arising from the lease of immovable property in Turkey, including receivable claims, and is responsible for resolving disputes between the tenant and the property owner. The court with territorial jurisdiction is, as a rule, the court of the defendant’s domicile and the court of the place where the leased property is located as the place of performance of the contract.

Local rent commissions do not exist in Turkey, and it is also not possible to apply to consumer arbitration boards. Material and moral compensation claims based on the lease relationship are also heard by the civil court of peace; for tort claims outside the lease relationship, the competent court, depending on the nature of the claim, may be the first-instance civil court. Since the choice between mediation, enforcement and litigation directly affects time limits and costs, tenants are advised to seek legal advice in Turkey before taking action in a lease dispute in Turkey.