RIGHTS OF THE TENANT AND THE NEW OWNER IN CASE OF THE SALE OF A RENTED PROPERTY IN TURKEY

When a landlord sells a rented property in Turkey, the lease does not end; under Article 310 of the Turkish Code of Obligations, the new owner becomes a party to the lease, and the tenant does not have to move out merely because the property has been sold. The sale of a rented property during the lease term in Turkey can create legal uncertainties for both tenants and the new owner, highlighting the need to protect the legal rights of all parties involved. This process extends beyond mere ownership transfer under Turkish Real Estate Law, as it also has significant legal implications for the continuation of the lease agreement. Various legal provisions, particularly those in the Turkish Code of Obligations, regulate the rights and obligations of tenants and new owners when the landlord sells the rented property in Turkey.

When a rented property is sold in Turkey during the lease term, the primary issue to assess is whether the existing lease agreement remains binding on the parties under Turkish Contract Law. As a general rule, the transfer of ownership does not automatically terminate the lease agreement in Turkey; instead, the new owner assumes the role of the landlord under the existing contract.

However, if the new owner intends to use the property for personal or close family use, they may have the right to file an eviction case after property sale in Turkey under the conditions specified by law. Therefore, both the terms of the lease agreement and the relevant legal provisions should be carefully examined to determine the rights and obligations of the parties after the rented property is sold in Turkey.

WHAT HAPPENS WHEN THE LANDLORD SELLS THE RENTED PROPERTY DURING THE LEASE TERM IN TURKEY?

When the landlord sells the rented property during the lease term in Turkey, the lease agreement does not end; under Article 310 of the Turkish Code of Obligations, the new owner becomes a party to the existing lease. In Turkish tenancy law, the transfer of the leased property does not terminate the tenant’s existing rights, and the rights and obligations arising from the lease agreement continue unchanged despite the change of parties to the contract.

1. Does the Lease Agreement Continue With the New Owner in Turkey?

The tenant’s rental agreement will be considered transferred to the new owner along with the property sale in Turkey, under the same terms, and the new owner succeeds to the contract. Consequently, the new owner is required to uphold the tenants’ rights after a property is sold in Turkey arising from the rental agreement, which are protected by the Turkish Code of Obligations. The main consequences of this rule are as follows:

• The Identity of the New Owner Does Not Matter: The rights and obligations continue even if the leased property is transferred to a new individual or company. The fact that the new owner is a company established in Turkey or a branch of a foreign company operating in Turkey does not affect the tenant’s legal position.
• The Contract Terms Remain Unchanged: The new owner is obliged to maintain the existing rental relationship under the same conditions to which the previous owner was bound.
• The Tenant’s Obligations Also Continue: The tenant must pay the rental fee specified in the rental agreement to the new owner and comply with all other terms of the rental agreement to protect tenant rights after the property is sold in Turkey.

2. What Should the Notification to the Tenant Include in Turkey?

In the event that the landlord sells the rented property during the lease term in Turkey, the new owner should inform the tenant about the sales process, including all relevant details. The tenant will continue to maintain their relationship with the new owner from the date of the sale. The content of this notification is as follows:

• What It Must Include: The notification made by the new homeowner includes the new owner’s information.
• What It Need Not Include: The notification does not need to contain details such as the sale price of the property in the title deed, property appraisal reports, bank financing arrangements, or the private contractual terms agreed upon between the buyer and seller.

In this case, the rights of both the new owner and the tenant should be taken into consideration after the landlord sells the rented property in Turkey. A written notification also helps both parties prove from which date the rent is payable to the new owner.

3. Who Should the Tenant Pay Rent to After the Sale in Turkey?

After the sale, rent is payable to the new owner, who has become the landlord under the existing lease from the date ownership was transferred. After the landlord sells the rented property in Turkey during the lease term and the sale process is completed, the tenant can communicate directly with the new owner about the continuation of the rental agreement. The new owner must inform the tenant of the account number to which the rent will be paid.

According to the practice of the Court of Cassation, a tenant who has not been notified of the sale and pays the post-sale rent to the previous owner cannot be held liable to the new owner, provided that the tenant proves these payments. In that case, the new owner must claim the rent from the previous owner. Likewise, the new owner cannot seek eviction for non-payment without first notifying the tenant of the sale and asking for the rent to be paid to them. Once the tenant learns of the sale, the rent must be paid to the new owner.

In its decision Court of Cassation, 6th Civil Chamber, E. 2015/2499, K. 2015/3009, T. 25.03.2015, the Court held that a tenant who was not notified of the sale and paid the post-sale rent to the previous owner cannot be held liable to the new owner. The same decision stressed that the tenant must prove the payments to the previous owner, and it reversed the lower court’s ruling for failing to examine them.

4. What Happens if the Lease Is Annotated in the Land Registry in Turkey?

Under Article 312 of the Turkish Code of Obligations, the parties to a lease of immovable property may agree to annotate the tenancy right in the land registry; under Article 1009 of the Turkish Civil Code, an annotated lease can be asserted against persons who later acquire rights over the property. In an annotated lease, the new owner is bound by the terms of the lease for the period shown in the annotation. The effect of the annotation on the new owner’s need-based eviction right should be assessed according to the content of the specific lease.

An annotation in the land registry provides the tenant with strong protection, particularly in long-term leases. Its existence is determined by examining the title deed records, and a buyer should check these records before the property purchase in Turkey.

5. What Happens to the Security Deposit When the Property Is Sold in Turkey?

The sale of the property does not extinguish the tenant’s right to the security deposit; however, according to the Court of Cassation, the previous owner must return the deposit to the tenant unless they prove that they handed it over to the new owner. The relationship between the previous owner and the tenant is settled as of the date of sale, and a new owner to whom the deposit is not proven to have been handed over cannot be asked to return it. Under Article 342 of the Turkish Code of Obligations, the deposit in residential and roofed workplace leases cannot exceed three months’ rent. A cash deposit is placed in a time deposit account that cannot be withdrawn without the landlord’s consent, and the bank returns it only with the consent of both parties, a finalised enforcement proceeding or a final court decision.

In its decision Court of Cassation, 3rd Civil Chamber, E. 2017/364, K. 2017/5410, T. 18.04.2017, the Court stated that the relationship between the previous owner and the tenant must be settled as of the date of sale and that the previous owner must return the deposit to the tenant unless it proves that the deposit was handed over to the new owner. Since the handover had not been proven, the Chamber reversed the judgment ordering the new owner to refund the deposit.

If the deposit was lawfully placed with a bank, the consent of the new owner, as the current party to the lease, is also needed for the bank to release it. If the deposit was paid to the previous owner in cash, the tenant is advised to obtain written confirmation at the time of the sale of whether the deposit has been handed over to the new owner; if the handover is not documented, the refund claim should be directed at the previous owner.

6. What Are the Tenant’s Rights When a Commercial Property Is Sold in Turkey?

Article 310 of the Turkish Code of Obligations also applies when a leased workplace is sold, and the new owner becomes a party to the commercial lease. The protective rules on residential and roofed workplace leases apply equally to shops, offices and stores. Therefore, a commercial tenant can likewise be required to vacate only through an eviction case based on the new owner’s need or another eviction ground listed in the law.

THE TENANT’S RIGHTS WHEN THE PROPERTY IS FOR SALE IN TURKEY?

A landlord in Turkey may sell a rented property at any time on the basis of ownership rights; the existence of a lease is not a legal obstacle to the sale and the tenant’s consent is not required. Since the sale of a tenanted property does not end the lease, the tenant’s rights continue both while the property is on the market and after the sale. The rights and obligations of the parties during the sale process are explained below.

1. Does a Landlord Have to Tell the Tenant Before Selling in Turkey?

Informing the tenant or obtaining the tenant’s permission is not a legal condition for the validity of the sale of a tenanted property in Turkey. However, after the sale, informing the tenant is essential so that rent is paid to the right person. Until the tenant is informed, payments made to the previous owner are considered valid against the new owner to the extent the tenant proves them.

2. Must the Tenant Allow Viewings When the House Is for Sale in Turkey?

Under Article 319 of the Turkish Code of Obligations, the tenant must allow the landlord and third parties designated by the landlord to view the property to the extent necessary for its sale. In return, the landlord must notify the tenant of viewings a reasonable time in advance and must take the tenant’s interests into account during the viewings. The law does not set a number of days or hours per week, so viewings should be arranged at a reasonable frequency without preventing the tenant’s use of the property.

3. Can the Landlord Evict the Tenant Because They Want to Sell in Turkey?

The intention to sell the property is not one of the eviction grounds listed in the Turkish Code of Obligations; therefore, a landlord cannot evict a tenant merely because they want to sell the property. Under Article 354 of the Turkish Code of Obligations, the provisions on terminating a lease through a lawsuit cannot be changed to the detriment of the tenant. Pressure from the landlord based on a planned sale does not create an obligation to vacate; the tenant leaves only voluntarily or on a statutory eviction ground.

4. Does the Tenant Have a Right of First Refusal in Turkey?

Turkish law does not grant tenants a statutory right of first refusal (pre-emption right) when the rented property is sold. Under Article 732 of the Turkish Civil Code, the statutory pre-emption right is granted to co-owners in shared ownership, and tenants are not within its scope. However, the parties may grant the tenant a contractual pre-emption right through a written agreement, and this right can be annotated in the land registry for a maximum of ten years.

CAN THE NEW PROPERTY OWNER EVICT THE TENANT IN TURKEY?

The new owner cannot evict the tenant in Turkey merely because they have purchased the property; the lease is binding on the new owner, and eviction can only be sought through a lawsuit or enforcement proceeding on a ground listed in the law. It is a common situation for tenants to face a change in the landlord of the property they are renting. In this case, tenants may wonder what a change in landlord means for them and what are the tenants’ rights after property is sold in Turkey: can the new owner evict the tenant in Turkey?

1. The Rule: The New Owner Is Bound by the Lease in Turkey

First of all, it should be noted that under the Turkish Code of Obligations, when a house that is being rented is sold, the new owner is bound by the rental agreement. Therefore, the tenant is not obliged to vacate the property after the landlord sells the rented property in Turkey. In conclusion, a tenant living in a sold house in Turkey should be aware that the rental agreement will continue with the new owner and they do not have to vacate the property.

2. The Exception: The Eviction Case After Property Sale in Turkey Based on Need

An exception to this rule is the eviction case after property sale in Turkey that the new owner may file due to their own housing or workplace needs, or the housing or workplace needs of their spouse, descendants (children and grandchildren), ancestors or other persons they are legally obliged to support. According to Article 351 of the Turkish Code of Obligations, the new owner may file an eviction case after property sale in Turkey. This eviction case after property sale in Turkey is only for the new owner’s own use and is not a lawsuit for rental increase or finding new tenants for the property.

In case of an eviction, the tenant must follow the legal process correctly and understand tenants’ rights when the landlord sells the rented property in Turkey to defend their rights with the help of a lawyer. However, if an eviction case after property sale in Turkey is filed due to the new owner’s housing needs after the landlord sold the rented property, the tenant must act correctly to protect their rights.

3. Can the New Owner Rely on a Written Undertaking Given to the Previous Owner in Turkey?

A valid written undertaking to vacate given by the tenant to the previous owner does not lapse with the sale and can be relied on by the new owner. If the tenant has given a written undertaking to the previous property owner stating that they will unconditionally vacate the premises by a certain date, this undertaking remains valid. The new property owner may, if they wish, rely on this undertaking to request the tenant to vacate the property, and if the tenant fails to comply with the undertaking, the new property owner may initiate legal proceedings.

4. Can the New Owner Use Other Eviction Grounds in Turkey?

As a party to the lease, the new owner can rely on the other eviction grounds that the law grants to a landlord, in the same way as the previous owner. Each of these grounds is subject to its own conditions and time limits. The main grounds are as follows:

• Non-Payment of Rent (TCO Art. 315): If the tenant fails to pay rent that has fallen due, the landlord may terminate for default after granting a period of at least thirty days in residential and roofed workplace leases.
• Two Justified Warnings (TCO Art. 352/2): If the tenant has caused two justified written warnings within one lease year for failing to pay rent, the landlord may file a lawsuit within one month from the end of that lease year.
• The Tenant Owns Another Home (TCO Art. 352/3): If the tenant or their cohabiting spouse owns a habitable residence within the same district or municipal boundaries and the landlord did not know this when the lease was signed, a lawsuit may be filed within one month from the end of the lease.
• Expiry of the Ten-Year Extension Period (TCO Art. 347): At the end of the ten-year extension period, the landlord may terminate the lease without cause by giving notice at least three months before the end of each extension year.

CAN THE NEW HOMEOWNER REQUEST A RENT INCREASE AFTER THE PROPERTY SALE IN TURKEY FOR A RENTED PROPERTY?

When a rented property is sold in Turkey during the lease term, the new owner is bound by the existing lease agreement and does not have the right to unilaterally change its terms. Therefore, the lease agreement made with the previous owner remains valid, and the new owner must comply with the rate of rent increase after the property sale in Turkey specified in the contract.

1. Can the New Owner Demand a Rent Increase Contrary to the Lease in Turkey?

According to the relevant provisions of the Turkish Code of Obligations, the transfer of a property ownership in Turkey does not terminate the lease relationship. Instead, the new owner assumes the same rights and obligations as the previous owner. Consequently, the new homeowner cannot demand a rent increase after the property sale in Turkey that is contrary to the lease agreement, and if the new owner requests an unlawful rent increase, the tenant has the right to object.

2. Can the New Owner File a Rent Determination Lawsuit in Turkey?

However, if the current rent is significantly below market rates or if the lease agreement does not include a provision regarding rent increases, the new owner may file a rent determination lawsuit, provided that the legal conditions are met. In such a case, the court will assess the fair rental value based on comparable rents in the area and the terms of the lease agreement.

Apart from this, if the landlord sells the rented property, the new homeowner cannot demand a rent increase after the property sale in Turkey in violation of the lease agreement, nor can they request the tenant’s eviction solely because the rent has not been increased. Refusing a rent increase is not one of the eviction grounds listed in the law.

UNDER WHAT CONDITIONS CAN THE NEW PROPERTY OWNER HANDLE AN EVICTION CASE AFTER PROPERTY SALE IN TURKEY?

The new owner can evict a tenant after the property is sold in Turkey only by proving a housing or workplace need for themselves or their close relatives and by complying with the statutory notice and filing periods. Tenants often worry about whether a new landlord has the authority to evict them when the landlord sells the rented property in Turkey. In fact, a new landlord does not have the right to evict tenants of a property they have purchased in Turkey.

However, under certain conditions, a new landlord can evict a tenant after the property is sold in Turkey when they need the property for their own use. According to the Turkish Code of Obligations, a new owner can file an eviction case in Turkey against the tenant if all of the following conditions are met:

1. A Person Acquiring Ownership of a Rented Property During the Lease Term in Turkey

Acquisition can occur through means such as sale or donation, as well as through inheritance, compulsory execution, or court judgment. However, in cases of acquisition through registration, it is necessary for the new owner to have the registration completed for the change of ownership to be effective. Under Article 705 of the Turkish Civil Code, in cases of inheritance, court judgment and compulsory execution, ownership is acquired before registration. By contrast, a person who buys the property informally, without complying with the official form, is not considered to have acquired ownership and cannot file a need-based eviction case as a new owner.

2. The New Owner Has Proven the Need for the Property for Themselves, Their Spouse, Their Children or Their Ancestors

The new owner must prove a residential or business need for themselves, their spouse, their descendants, their ancestors or other persons they are legally obliged to support. The court’s assessment differs according to the type of need, as explained under the following headings.

a- How Is Residential Need Assessed in Turkey?

In cases where the new owner, their children, or ancestors need to reside in the rented property due to health reasons or other circumstances, the need for residential property can be considered. The Court of Cassation acknowledges that the concept of residential need should not be interpreted narrowly or limited solely to mere habitation. On the contrary, it must be assessed broadly, taking into account the new owner’s lifestyle, living conditions, and social status.

For the court to accept the need for residential property, it must be genuine and sincere. For example, if the new owner had another vacant property and rented it out shortly before filing the lawsuit, the need for residential property may not be considered sincere. Alternatively, if the new owner already owns a residence and purchased the new property for short-term rental purposes, genuine housing need cannot be asserted. By contrast, the Court of Cassation does not regard the fact that the owner’s other homes have long been let to tenants, or that the property in dispute was let years before the lawsuit, as proof of insincerity on its own; it gives priority to the owner’s right to live in the home of their choice. The court hearing the eviction case will evaluate all objective and subjective criteria to determine whether the new owner’s need for residential property is genuine and sincere for eviction in Turkey.

b- When Is Business Need Accepted in Turkey?

In cases where the lessor, their spouse, children, or ancestors practice their profession or art as a tenant in someone else’s property, eviction can be requested if the new owner wants to expand their business, or if they need a porter’s lodge, parking, or storage space for business purposes. Eviction requests will be rejected if the new owner’s need for a business space is not genuine and sincere.

c- Can a Company That Buys the Property Evict the Tenant for Need in Turkey?

If the new owner is a company, it can file a need-based eviction case only on the basis of the company’s own need; the housing need of a shareholder or manager is not the company’s need. The Court of Cassation has reversed an eviction judgment given in a case filed by a company on the basis of its shareholder’s housing need. Likewise, a natural person who buys the property in their own name cannot rely on the need of a company in which they are a shareholder; in every case, the burden of proving that the need is genuine, sincere and compelling lies with the claimant.

3. The New Owner Must Request Eviction by Warning Letter Within One Month From the Date of Acquisition

The warning letter must be delivered to the tenant within one month from the date on which the landlord sold the property, not just sent. In other words, the tenant must receive the warning within one month after the landlord sells the rented property in Turkey, as the Court of Cassation requires that the warning be delivered to the tenant, not just issued within one month from the date of acquisition.

The day of acquisition should also be included when calculating the one-month period. If the warning letter is not delivered to the tenant within one month after the landlord sold the property in Turkey, the deficiency cannot be corrected later.

4. The New Owner Can File an Eviction Case After Property Sale in Turkey Once Six Months Have Passed

The new owner can file an eviction case once six months have passed from the purchase date. Eviction lawsuits filed before the end of this six-month period are rejected. According to the Court of Cassation, the lawsuit does not have to be filed immediately when the six months following the acquisition date expire, and it can be filed until the end of the contract.

In its decision Court of Cassation, 3rd Civil Chamber, E. 2025/1060, K. 2025/1497, T. 11.03.2025, the Court restated these principles, holding that the case need not be filed immediately at the end of the six months and may be filed until the end of the lease, but that delivery of the notice within one month of acquisition is mandatory and cannot be remedied later. The Chamber reversed in the interest of the law a judgment that had dismissed as time-barred the case of a new owner who had served the notice in time and filed after the six-month period.

5. Can the New Owner File the Eviction Case at the End of the Lease Term in Turkey?

In addition, the new owner can file an eviction case after property sale in Turkey based on the contract between the previous owner and the tenant at the end of the contract. In this case, the person who later acquires the rental property can also use the right to terminate the contract due to necessity and file a lawsuit within one month from the end of the contract period.

6. Is Mediation Mandatory Before an Eviction Case in Turkey?

Since 1 September 2023, applying to a mediator before filing a lawsuit is a precondition for disputes arising from lease relationships in Turkey, and the eviction case based on the new owner’s need falls within this scope. This rule was introduced by Article 18/B of Law No. 6325 on Mediation in Civil Disputes; eviction of leased property through enforcement proceedings without a judgment (for example, proceedings based on a written undertaking) falls outside this requirement. If no agreement is reached in mediation, the eviction case can be filed before the civil court of peace, with the original or a certified copy of the final mediation report attached to the statement of claim.

The answer to can the new owner evict the tenant in Turkey depends on the filing of an eviction lawsuit by the new owner, which is only possible under the conditions mentioned above. The new owner cannot request the tenant’s eviction solely based on the fact that they have recently purchased the property. In order to evict the tenant after property is sold in Turkey, the new owner must base the eviction request on a claim of personal need.

WHEN DOES THE TENANT HAVE TO MOVE OUT AFTER THE PROPERTY IS SOLD IN TURKEY?

After the property is sold in Turkey, the tenant has no obligation to move out automatically on a particular date; the tenant must vacate only after the new owner’s eviction case is accepted and the judgment is enforced, or after enforcement proceedings based on a valid written undertaking. The six-month period often mentioned in practice is not a “moving-out period” granted to the tenant; it marks the earliest date on which the new owner may file the eviction case. How long the tenant may stay depends on the route chosen by the new owner.

The table below shows in which situation, and at the earliest when, the tenant may be required to vacate after the sale in Turkey. The periods in the table are based on the earliest filing or enforcement dates provided by law.

MY LANDLORD SOLD THE HOUSE I RENT IN TURKEY: WHAT SHOULD I DO?

When a rented property in Turkey is sold, the existing lease agreement automatically continues with the new owner. Tenants should therefore confirm the new owner’s identity and payment details in writing and continue fulfilling their obligations under the lease.

The following steps are recommended following a property sale in Turkey:

• Confirming the Sale: Request written documentation from the new owner verifying that the purchase has occurred, along with their official bank account details for rent payments.
• Paying Rent to the Proper Party: Upon receiving notice of the sale, direct all subsequent rent payments to the new owner via bank transfer, specifying the relevant month and year in the payment description.
• Documenting the Security Deposit: Record the status of the security deposit in writing, noting whether it is held in a bank escrow account, was paid to the previous owner in cash, and whether it has been transferred to the new owner.
• Verifying Notice Timelines: If the new owner issues a need-based eviction warning, verify that the formal notice was delivered within one month of the property’s acquisition date.
• Protecting Legal Rights Under Pressure: Seek legal counsel before signing an eviction undertaking or entering into a new lease agreement in response to sale-based eviction requests.

I BOUGHT A PROPERTY WITH A TENANT IN TURKEY WHO WILL NOT LEAVE: WHAT SHOULD I DO?

A new owner who wishes to evict the tenant for need must notify the tenant in writing within one month from the date of acquisition and, after six months, complete mediation and file an eviction case. Sending the notice through a notary is important for proving the date of delivery. If the one-month period has been missed, the new owner can use the need-based eviction right only through a lawsuit filed within one month from the end of the lease term.

WHAT SHOULD YOU CHECK WHEN BUYING A PROPERTY WITH A TENANT IN TURKEY?

A person who buys a tenanted property in Turkey becomes bound by the existing lease on the same terms, so the lease conditions, the title deed records and the property type should be examined before the purchase. The decision to buy should take into account when, and by which route, the tenant could be required to vacate. This review is particularly important for a buyer who intends to use the property for themselves or their family.

• The Lease and Its Terms: Since the rent, the rent increase rate and the lease term will remain fully binding on the new owner, a copy of the written lease should be requested before the sale.
• Annotations in the Land Registry: If the lease has been annotated in the land registry, the annotated tenancy right can be asserted against a new owner who later acquires the property.
• Written Undertaking to Vacate: If the tenant gave the previous owner a valid written undertaking to vacate, the new owner may rely on that undertaking to request eviction.
• Security Deposit: Whether the tenant’s deposit has been handed over to the new owner should be documented in writing at the time of the sale.
• Deadlines in Case of Need: If the property is bought for the buyer’s own use, the tenant must be notified in writing within one month from the date of acquisition; if this period is missed, a need-based eviction case can only be filed within one month from the end of the lease term.

CAN THE NEW OWNER RENT OUT THE PROPERTY TO SOMEONE ELSE AFTER THE EVICTION?

If the new owner evicts the tenant for need after property sale, they cannot, without a justified reason, rent out the evicted property to anyone other than the former tenant for a period of three years. As mentioned above, this prohibition applies after a need-based eviction. If the new owner violates this provision, they are obliged to pay compensation to the tenant in the amount of not less than the annual rent paid in the last rental year.

The criminal sanction provided for breaches of this prohibition under repealed Law No. 6570 is not included in Article 355 of the Turkish Code of Obligations. If the new owner rents out the evicted property to someone else, they are only obliged to pay compensation to the tenant. However, the Court of Cassation requires the tenant to have been evicted through enforcement of the eviction judgment for this condition to be met; a tenant who leaves voluntarily after the judgment becomes final, without any enforcement step, is not entitled to this compensation. Therefore, it is important to seek the support of a real estate lawyer in Turkey before initiating the legal process.

In its decision Court of Cassation, 3rd Civil Chamber, E. 2024/3099, K. 2025/3540, T. 24.06.2025, the Court upheld the rejection of the compensation claim of a tenant who vacated the property after the eviction judgment became final but without enforcement, finding that the statutory conditions for compensation were not met. The decision was given by majority; the dissenting opinion considered the initiation of enforcement proceedings sufficient for compensation.

WHAT ARE THE FOREIGN TENANT RIGHTS WHEN THE PROPERTY IS SOLD IN TURKEY?

Foreign tenant rights when the property is sold in Turkey are the same as those of Turkish tenants; under Article 310 of the Turkish Code of Obligations, the lease continues unchanged with the new owner. Under Turkish law, the legal status of a party in a lease agreement, whether a foreigner or a Turkish citizen, does not alter the legal situation. Therefore, if the property rented by a foreign tenant is sold, the general provisions of the Turkish Code of Obligations apply.

Since the rented property is located in Turkey, no separate legal procedure under foreigner law will apply and foreign tenant rights when the property is sold in Turkey will be protected. Similarly, in the case of immovable properties acquired by foreigners in Turkey or immovable properties that have passed into their ownership through inheritance, the provisions of Turkish law apply to the property owner; regardless of whether the tenant is a Turkish or foreign national, the owner is subject to the obligations stipulated under Turkish law.

According to Article 310 of the Turkish Code of Obligations, the lease agreement passes to the new owner of the property when the landlord sells the rented property in Turkey, regardless of whether the tenant is a foreigner or a Turkish citizen, and the new owner assumes the rights and obligations of the previous owner for the duration of the lease agreement. However, if the new owner or a close relative needs to use the property, they may file an eviction case after property sale in Turkey under Article 351 of the Turkish Code of Obligations.

In this case, the new owner must notify the tenant in writing within one month from acquisition and file the case six months after acquisition. Therefore, the foreign tenant rights when the property is sold in Turkey are the same as those of Turkish tenants, and the sale of the property does not automatically terminate the lease agreement in Turkey.

THE IMPORTANCE OF GETTING LEGAL SUPPORT FROM A LAWYER IN EVICTION CASES IN TURKEY

The eviction case after property sale in Turkey based on need to be filed following the sale of a rented property can be a complex legal and procedural process for both tenants and the new owner when the landlord sells the rented property in Turkey. Therefore, it is crucial to seek legal advice in Turkey to ensure the process is carried out smoothly and that the rights of both parties are protected.

A lawyer specializing in rental law can provide professional support in preparing the eviction lawsuit based on need in Turkey, completing the necessary documents accurately, and effectively managing the judicial process to safeguard the parties’ rights. Additionally, the lawyer can closely follow the legal procedures of the eviction case after property sale in Turkey, inform the client about their legal rights, and offer strategic guidance throughout the process.

By working with a lawyer, the lawsuit process can be conducted in accordance with procedural rules, ensuring the protection of both the tenant’s and the property owner’s legal rights. This is especially important in cases like eviction lawsuits based on need, which are subject to specific conditions under Turkish law, as following the correct procedures helps prevent potential loss of rights.

Eviction case after property sale in Turkey based on need is governed by strict procedural rules, and even a small mistake in the case can lead to the dismissal of the lawsuit, even if you are in the right. Therefore, it is important to work with an experienced and specialized rental law attorney in Turkey. Additionally, before seeking lawyer support, conducting research on the matter and considering costs before making a decision is crucial.

In conclusion, in cases when the landlord sells the rented property in Turkey, an eviction case based on need is a complex legal matter, and obtaining lawyer support is highly beneficial for both landlords and tenants. Working with a lawyer from the outset helps both parties comply with the strict deadlines explained above.