Introduction
Lease termination under Turkish law is one of the most frequently litigated areas of real estate practice. Due to strong tenant protection principles embedded in the Turkish Code of Obligations, terminating a lease agreement—especially residential and roofed workplace leases—is not always straightforward for landlords.
Turkey’s rental market has experienced significant price fluctuations in recent years, leading to increased disputes between tenants and property owners. For both domestic landlords and foreign investors, understanding lease termination under Turkish law is essential to avoid procedural mistakes that may invalidate eviction attempts.
This article provides a detailed analysis of termination grounds, notice requirements, eviction lawsuits, non-payment cases, fixed-term and indefinite leases, and judicial practice.
1. Legal Framework
Lease termination under Turkish law is primarily regulated by:
- Turkish Code of Obligations (Law No. 6098)
- Enforcement and Bankruptcy Law
- Civil Procedure Code
Residential and roofed workplace leases are subject to strong tenant protection provisions.
General principle:
The tenant is protected; termination is restricted and subject to strict conditions.
2. Types of Lease Agreements
Understanding lease termination under Turkish law requires distinguishing between:
A. Fixed-Term Lease (Belirli Süreli)
- Ends automatically at the end of term.
- However, if tenant continues use and landlord does not object, it renews automatically for one-year periods.
B. Indefinite-Term Lease (Belirsiz Süreli)
- Continues until terminated by notice.
- Notice periods apply.
Important: In residential leases, even fixed-term agreements favor tenant continuity.
3. Tenant’s Right to Terminate
Tenant may terminate:
- At the end of fixed term
- With 15 days’ written notice before expiration
In indefinite leases:
- Tenant may terminate at any time with statutory notice periods.
Tenant protection is stronger than landlord protection.
4. Landlord’s Right to Terminate
Landlords cannot terminate arbitrarily.
Lease termination under Turkish law allows landlord termination only on specific legal grounds:
5. Termination Due to Non-Payment of Rent
If tenant fails to pay rent:
A. Written Warning
Landlord must send written notice granting at least 30 days for payment.
B. If Payment Not Made
Landlord may:
- File eviction lawsuit
- Initiate enforcement proceeding for eviction
Two valid written warnings within one year may also justify eviction at end of lease term.
Strict procedural compliance is required.
6. Termination Due to Personal Necessity
Landlord may terminate if property is needed for:
- Personal residence
- Spouse
- Descendants
- Ascendants
Conditions:
- Genuine and sincere need
- Lawsuit filed within 1 month after term expiration
If landlord re-rents property within 3 years without valid reason, compensation may be owed to former tenant.
7. Termination Due to Reconstruction or Major Renovation
If property requires:
- Demolition
- Substantial renovation
Landlord may seek eviction.
Requirements:
- Renovation must be essential.
- Property must be unusable during works.
Tenant has priority right to rent property after renovation.
8. Termination Due to Written Eviction Commitment (Tahliye Taahhüdü)
One of the strongest eviction tools.
If tenant signs a written eviction commitment after lease begins:
- Landlord may initiate eviction directly after specified date.
- Enforcement procedure is available.
Important:
- Commitment must be dated.
- Must be voluntarily signed.
Courts strictly examine validity.
9. Termination Due to Tenant’s Misconduct
Landlord may terminate if tenant:
- Causes severe damage
- Disturbs neighbors
- Uses property unlawfully
Immediate termination possible in severe cases.
Proof burden lies with landlord.
10. Termination Through Enforcement Proceedings
Landlord may initiate:
- Enforcement without judgment for unpaid rent
- Eviction order
Tenant may object within legal period.
If objection filed, landlord must file lawsuit.
11. Automatic Renewal Rule
In residential leases:
- Fixed-term agreements automatically renew.
- Landlord cannot terminate at end of term without legal reason.
Exception:
After 10 years of extension, landlord may terminate without cause with 3 months’ notice before extension year ends.
This rule is crucial for investors.
12. Foreign Investors and Lease Risks
Foreign landlords must consider:
- Strict tenant protection
- Long eviction timelines
- Formal notice requirements
- Language barriers
- Court delays
Failure to comply with notice form may invalidate termination.
Professional legal support is recommended.
13. Notice Requirements
Termination notices must:
- Be in writing
- Clearly state legal ground
- Respect statutory deadlines
Notary notice is strongly recommended to prove delivery.
Improper notice leads to dismissal of lawsuit.
14. Eviction Lawsuit Procedure
Eviction cases are filed before:
- Civil Courts of Peace (Sulh Hukuk Mahkemesi)
Procedure:
- Filing petition
- Exchange of pleadings
- Hearing phase
- Court decision
- Enforcement
Average duration varies depending on workload.
15. Compensation and Bad Faith
If landlord terminates based on necessity but:
- Does not use property as claimed
- Re-rents within 3 years
Tenant may sue for compensation.
Good faith principle plays significant role in judicial decisions.
16. Rent Increase and Its Relation to Termination
Rent disputes often lead to termination attempts.
However:
- Rent increase is regulated by CPI limits.
- Exceeding statutory cap may invalidate increase clause.
Landlord cannot terminate merely to increase rent unlawfully.
17. Mediation Requirement
Certain lease disputes require mandatory mediation before filing lawsuit.
Failure to apply mediation may result in procedural rejection.
18. Practical Recommendations for Landlords
Before initiating lease termination under Turkish law:
- Check lease type
- Review termination ground
- Prepare proper notice
- Respect time limits
- Document evidence
Procedural errors are common and costly.
Conclusion
Lease termination under Turkish law reflects a strong tenant-protection system designed to ensure housing stability. While landlords retain termination rights, these rights are strictly regulated and conditioned upon legal grounds and procedural compliance.
For property investors—particularly foreign owners—understanding lease termination under Turkish law is essential for risk management and investment planning. A poorly executed termination process may result in lengthy litigation, financial loss, and reputational harm.
Strategic planning, legal due diligence, and strict adherence to statutory requirements are indispensable in navigating Turkish lease law.
Yanıt yok