Renting or Leasing Property in Turkey: Key Clauses to Protect Yourself
If you are renting or leasing a flat, office or shop in Turkey, the most important protection you have is the written lease agreement. Turkish law gives both tenant and landlord certain rights, but what you sign will strongly shape how easy it is to use those rights in practice.
Below are the key clauses you should make sure are clearly written in your lease so you can protect yourself as a tenant (or as a landlord dealing with foreign tenants).
1. Clear Identification of the Parties and the Property
Your contract should clearly say:
- Full name, ID/passport number and address of the landlord
- Full name, passport number and address (or future address in Turkey) of the tenant
- Exact description of the property:
- City, district, full address
- Apartment number, floor, block
- If possible, land registry details (parcel, independent section number)
If the property is furnished, attach a furniture and appliance list (inventory list) to the contract. This list should show:
- Each item (bed, wardrobe, air-conditioner, washing machine, etc.)
- Condition of each item (new, used, damaged, etc.)
Both parties should sign each page of this list. This is crucial to avoid disputes when you are moving out.
2. Term of the Lease and Renewal
In Turkey, residential and roofed workplace leases are usually signed for one year, but they can automatically continue after that.
Your contract should clearly state:
- Start date of the lease
- Duration (for example, “1 year fixed term”)
- Whether it is fixed-term or indefinite
- What happens at the end of the first year:
- Does it automatically continue on the same terms?
- Is there any notice requirement for not renewing?
In practice, even if the written term is one year, Turkish law protects residential tenants so that landlords cannot easily remove them just because the first year has ended. Still, it is wise to put clear rules about renewal and notice periods in the contract.
3. Rent Amount, Currency and Payment Method
This is one of the most critical parts of the lease. It should answer at least these questions:
- What is the monthly rent?
- In which currency (TRY, EUR, USD, etc.)?
- On which day of each month must the rent be paid?
- How is it paid? (bank transfer is strongly recommended)
For your protection:
- Ask that rent be paid only via bank transfer to the landlord’s account, not in cash.
- In the contract, write the bank name, IBAN and account holder.
- Keep every bank slip or online transfer record as proof of payment.
You can also add a clause about rent increases, for example:
“The rent for each subsequent year shall be increased in accordance with the maximum legal rate applicable to residential/workplace leases in Turkey.”
This way, the contract stays compatible with any changes in the law.
4. Security Deposit (Deposit Money)
Under Turkish law, the security deposit for residential and roofed workplace leases is limited (in practice, usually up to three months’ rent). It is meant to cover:
- Unpaid rent
- Utility debts left behind
- Damage to the property beyond normal wear and tear
For your safety:
- Make sure the contract states the exact amount of the deposit.
- Preferably, the deposit should be paid into a Turkish bank account, not kept in cash by the landlord.
- Add a clause saying the deposit will be returned within a certain time (e.g. 15–30 days) after you hand back the keys, provided:
- There is no rent or utility debt, and
- There is no extraordinary damage to the property.
You can also specify that the deposit will be returned in the same currency as it was paid.
5. Maintenance, Repairs and Common Expenses
Disputes often arise about who must pay for which repair. To avoid this, your lease should separate:
- Ordinary, small repairs due to daily use
- Usually the tenant is responsible for small, everyday repairs (like replacing light bulbs, fixing an interior door handle, etc.)
- Major structural repairs
- The landlord is generally responsible for structural problems, such as roof leakage, serious plumbing issues or exterior damage that is not caused by the tenant.
- Common area expenses (for apartments in a building or site):
- Management/administration fees (aidat)
- Elevator, cleaning, security, garden maintenance
- Heating systems serving the whole building
State clearly:
- Which expenses belong to the tenant
- Which belong to the landlord
- How and when these amounts will be paid (management fees directly to the site management or via landlord, etc.)
Also clarify which utilities (electricity, water, gas, internet) the tenant must register in their own name and pay directly.
6. Use of the Property and Subletting
Your lease should define how the property can be used:
- Only as a residence?
- As an office or shop?
- Mixed use (home office)?
Include a clause stating that the tenant:
- Cannot use the property for illegal activities
- Must respect neighbours and building rules
- Must not change the main purpose of use without the landlord’s written consent
Regarding subletting and transfer of the lease:
- If the landlord does not want any sublease or transfer, the contract should say: “The tenant may not sublet the property or transfer this lease to third parties without the landlord’s prior written consent.”
This is very important in commercial locations, where tenants sometimes try to transfer high-rent places to others.
7. Inspection, Access and Entry to the Property
A good lease balances the landlord’s right to inspect with the tenant’s right to privacy.
You can add a clause such as:
- The landlord may enter the property only with reasonable notice (for example 24–48 hours) and at reasonable times, except in emergencies (fire, flood, etc.).
- Inspections should be limited to checking the property’s condition or showing it to potential buyers/tenants near the end of the lease, and should be done with the tenant’s knowledge.
This helps avoid surprise visits or conflicts about privacy.
8. Early Termination and Penalties
Life changes: you might have to leave Turkey, change city or move to a different place. The contract should answer:
- Can the tenant terminate the lease before the end of the term?
- If yes, with how much notice (for example 1–3 months)?
- Is there any penalty clause (for example payment of a certain number of months’ rent)?
Typical protective clauses for tenants include:
- Early termination is allowed if the tenant gives written notice (e-mail with delivery report, notary notice or registered letter) within a certain time.
- The tenant’s liability can be limited to:
- Paying rent until a new tenant is found under similar conditions, or
- Paying a fixed early termination compensation (for example one month’s rent).
For landlords, it is useful to clarify what happens if the tenant does not vacate at the end of the term, and whether any “occupancy fee” (for example increased rent) applies until the property is delivered back.
9. Handover Protocol and Condition Report
When you move in and when you move out, you should have evidence of the property’s condition.
Attach to the contract:
- A handover protocol (delivery report) describing:
- The general condition of the property (walls, floors, doors, windows, kitchen, bathroom, etc.)
- Any existing defects or damage
- Photos or videos (if possible, with date) showing the condition at move-in
When you leave:
- A final inspection should be made,
- Another protocol can be signed,
- Both parties should confirm whether there is any damage beyond normal wear and tear.
This will be the main basis for deciding whether the deposit should be returned in full or partly.
10. Governing Law, Jurisdiction and Language
For properties located in Turkey, the governing law will be Turkish law, and disputes will generally be heard by Turkish courts.
Your contract should state:
- “This lease agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey.”
- Which city’s courts and enforcement offices will be competent (for example, Istanbul, Ankara, Antalya).
If you prepare the contract in two languages (for example English and Turkish), add a clause stating:
- Which language text will prevail in case of conflict between the versions (usually the Turkish version, since the court will apply Turkish law).
Final Thoughts
Renting or leasing property in Turkey can be straightforward and safe if your lease agreement is clear, written and detailed. Before signing:
- Read every clause carefully,
- Make sure the main points above are addressed, and
- Keep a signed copy of the contract and all attachments (inventory list, handover protocol, bank receipts).
Especially for foreigners who are not familiar with Turkish practice, taking time to negotiate and review these clauses is one of the simplest and most effective ways to protect both your money and your right to use the property peacefully.
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