Commercial Lease Law in Turkey: Rights and Obligations of Business Tenants

Commercial lease law in Turkey is a major consideration for local companies, foreign investors, entrepreneurs, retailers and professionals who rent offices, shops, restaurants, clinics, warehouses or other business premises.

A poorly drafted commercial lease may create substantial operational risks. A business tenant may discover that the property cannot legally be used for the intended activity, that renovation expenses cannot be recovered, that the lease cannot be transferred during a business sale or that rent and common expenses are structured differently from what was understood during negotiations.

The principal legislation governing commercial leases is the Turkish Code of Obligations No. 6098. Commercial properties that qualify as roofed workplaces are subject to the special rules governing residential and roofed workplace leases. These rules contain important mandatory protections concerning security deposits, rent increases, renewal, termination and eviction.

The fact that both parties are merchants does not mean that every contractual clause will automatically be enforceable. Turkish rental law restricts contractual freedom in several areas, particularly where a provision attempts to give the landlord an unrestricted termination right, impose an excessive security deposit, accelerate all future rent or apply an unlawful rent increase.

At the same time, business tenants have extensive responsibilities. They must pay rent and permitted ancillary expenses, use the premises in accordance with the agreed commercial purpose, respect building rules, avoid unauthorised alterations and return the property properly when the lease ends.

This guide explains commercial lease law in Turkey from the perspective of business tenants. It examines the formation of commercial rental agreements, permitted use, licences, rent, deposits, defects, maintenance, alterations, subletting, transfer of the lease, renewal, termination, eviction and dispute-resolution procedures.

What Is a Commercial Lease in Turkey?

A commercial lease is an agreement under which the landlord grants the tenant the use of premises for a business or professional purpose in return for rent.

Common examples include leases of:

• Offices;
• Retail shops;
• Shopping-centre units;
• Restaurants and cafés;
• Medical and dental clinics;
• Workshops;
• Factories located in roofed premises;
• Hotels and accommodation facilities;
• Storage areas and roofed warehouses;
• Educational premises; and
• Professional service offices.

The legal classification depends on the physical characteristics and intended use of the property. An office or shop will ordinarily qualify as a roofed workplace. An open field, agricultural property or uncovered storage area may fall outside the special rules governing roofed workplace leases.

The distinction is important because roofed workplace tenants benefit from statutory protections that may not apply in exactly the same way to an ordinary land or movable-property lease.

Must a Commercial Lease Agreement Be in Writing?

An ordinary commercial lease does not generally require notarisation or another special form to be valid. An oral lease may therefore be legally recognised under the general principles of Turkish contract law.

Nevertheless, a business should never rely on an oral commercial lease where significant investment, renovation, licensing or long-term occupation is involved.

A written commercial rental agreement should clearly identify:

• The landlord and tenant;
• The authorised company representatives;
• The full address and title deed details of the property;
• The rental commencement and delivery dates;
• The contractual duration;
• The permitted business activity;
• The monthly or annual rent;
• Taxes and withholding arrangements;
• The annual increase formula;
• The security deposit;
• Common expenses and service charges;
• Renovation rights;
• Subletting and transfer rights;
• Insurance responsibilities;
• Termination procedures; and
• The method for returning the property.

Where the tenant or landlord is a company, the authority of the signatory should be verified through trade registry records, signature circulars, board resolutions or powers of attorney.

A signature by a company employee who lacks representation authority may later create a dispute over whether the company is bound by the agreement.

Due Diligence Before Signing a Commercial Lease

The legal review of a commercial property should begin before the agreement is signed and before substantial renovation expenses are incurred.

The tenant should confirm that the person presenting themselves as landlord is the registered owner or a properly authorised representative. The title deed, identity information, company records and power of attorney should be examined.

The physical property should also be compared with the title deed and approved architectural plans. The tenant should determine whether storage areas, terraces, gardens, parking spaces or basements offered during negotiations legally form part of the premises.

A business tenant should investigate whether the intended commercial activity is legally permitted. A property that appears suitable for a restaurant, clinic, educational institution or manufacturing operation may require municipal licences, fire-safety approval, condominium consent, environmental permits or other administrative authorisations.

The lease should allocate the risk of failing to obtain the necessary licence.

For example, the agreement may state that the tenant has examined the property and accepts the licensing risk. Alternatively, the lease may make commencement of rent conditional upon obtaining a particular operating permit.

Without clear contractual wording, the tenant may be required to pay rent even though the intended business cannot lawfully operate from the premises.

Permitted Use of the Commercial Property

The permitted-use clause is one of the most important provisions in a commercial lease.

A narrow clause may prevent the tenant from changing or expanding its activity. A broad clause may expose the landlord to uses that create additional structural, regulatory or building-management risks.

The agreement should describe the tenant’s business sufficiently clearly while allowing reasonable operational flexibility.

For example, instead of stating only that the premises will be used as a “shop,” the lease may specify that the tenant may conduct retail sales, product display, office administration, online-order preparation and related commercial activities.

A restaurant lease should address food preparation, alcohol service, outdoor seating, ventilation, signage, delivery services and operating hours where relevant.

The tenant must use the property carefully and in accordance with the agreed purpose. Serious misuse, unlawful activity or persistent disturbance of other occupants may ultimately create a termination or eviction risk under the Turkish Code of Obligations.

Delivery of the Premises

The landlord must deliver the property in a condition suitable for the agreed use and maintain it in that condition throughout the lease, subject to the division of responsibilities established by law and the agreement.

The lease should distinguish between the signature date, commencement date and physical delivery date.

A commercial tenant may require several months to complete renovation before opening the business. The agreement should therefore specify whether:

• Rent begins immediately;
• A rent-free renovation period is granted;
• Common expenses begin before rent;
• The tenant must obtain permits before delivery;
• The landlord must complete structural work first; and
• The lease may be terminated if the property is not delivered on time.

A detailed delivery report should be signed when possession is transferred.

The report should record the condition of the roof, walls, floors, electrical systems, plumbing, heating, air conditioning, ventilation, fire systems, windows, shutters, furniture and equipment.

Dated photographs and videos should be preserved. Without an initial condition report, it may be difficult to distinguish pre-existing defects from damage caused by the tenant.

Tenant Rights When the Property Is Defective

If the property is not suitable for the agreed use because of a defect, the tenant may have several remedies under the Turkish Code of Obligations.

Depending on the seriousness of the problem, the tenant may request:

• Repair of the defect;
• A reduction in rent;
• Compensation for losses;
• Reimbursement of necessary expenses; or
• Termination of the lease in serious cases.

The appropriate remedy depends on the type of defect, whether the landlord was notified, whether repair is possible and how substantially the problem affects commercial use.

A business tenant should notify the landlord in writing as soon as a defect is discovered.

For example, persistent water leakage, inadequate electrical infrastructure, structural danger, defective ventilation or the inability to access part of the premises may materially affect business operations.

The tenant should preserve expert reports, photographs, repair quotations, invoices, building-management records and correspondence.

The tenant should not simply stop paying all rent without legal advice. Even where a serious defect exists, complete non-payment may lead to enforcement and eviction proceedings.

Rent and Payment Terms

The commercial lease should clearly state the rent amount, currency, due date and payment method.

The agreement should also specify whether the rent is:

• Gross or net;
• Subject to withholding tax;
• Subject to VAT;
• Inclusive of common expenses;
• Exclusive of management fees;
• Fixed or turnover-based; and
• Payable monthly, quarterly or annually.

Commercial rent should preferably be paid through a bank. The transfer description should identify the property and rental period.

Where the tenant operates through a company, payments should ordinarily be made from the company’s account to maintain reliable accounting and evidentiary records.

The tenant should request invoices or legally required financial documents where applicable. Tax treatment depends on the identities of the landlord and tenant, the nature of the property and the structure of the payment.

A commercial lease should therefore be reviewed from both legal and tax perspectives.

Turnover Rent and Variable Rent Clauses

Retail, hotel and shopping-centre leases sometimes use turnover rent.

Under this system, the tenant pays a fixed minimum rent together with an additional amount calculated according to sales, turnover or another business-performance indicator.

A turnover-rent clause should define:

• Gross turnover;
• Excluded sales;
• Online sales;
• Returns and discounts;
• Taxes;
• Group-company transactions;
• Gift-card sales;
• Delivery-platform income;
• Reporting periods;
• Audit rights; and
• Confidentiality.

The landlord’s audit right should be balanced against the tenant’s commercial confidentiality obligations.

The agreement should also explain whether turnover rent is included when calculating the security deposit, annual increase or early-termination liability.

Unclear variable-rent clauses may lead to accounting disputes and claims for substantial historical differences.

Commercial Rent Increases in Turkey

Annual rent increases for roofed commercial premises are governed by Article 344 of the Turkish Code of Obligations.

An agreement concerning the rent payable during a renewed rental period is valid only to the extent that the increase does not exceed the change in the Consumer Price Index according to 12-month averages.

The parties may agree on a lower rate, but an ordinary annual increase clause cannot validly exceed the statutory ceiling. The rule also applies to agreements concluded for longer than one year.

The temporary 25% rent-increase limit that previously applied to residential leases did not generally apply to commercial workplace leases. Commercial leases remained subject to the ordinary CPI-based framework.

The parties should distinguish between basic rent, turnover rent, common expenses and genuine service charges. A landlord cannot necessarily avoid the statutory rent-increase rules by describing part of the basic rent as another form of compulsory payment.

Rent Determination After Five Years

After five rental years have been completed, either party may seek judicial determination of the rent.

At that stage, the court considers:

• The 12-month average CPI change;
• The physical condition of the premises;
• Comparable market rents; and
• Principles of equity.

The court is no longer restricted solely to the ordinary annual CPI ceiling. However, the landlord does not automatically receive the highest advertised market rent. The property must be inspected, comparable premises must be examined and the circumstances of the existing tenancy must be considered.

A rent determination lawsuit is subject to mandatory mediation before litigation. Rental disputes have been subject to mandatory mediation since 1 September 2023, except for the specific non-judicial eviction procedures regulated by enforcement law.

The timing of the written notice, mediation application and lawsuit is important because it affects the rental period from which the judicially determined amount becomes applicable.

Foreign-Currency Commercial Leases

Commercial lease payments cannot always be freely agreed in foreign currency.

As a general rule, persons resident in Turkey may not determine the price and related payment obligations of domestic real estate leases in foreign currency or by reference to foreign currency unless a regulatory exception applies.

Exceptions may apply where the tenant is a non-Turkish citizen resident in Turkey or a company controlled at the required level by persons resident abroad, as well as in certain specifically regulated sectors and transactions.

The Ministry of Treasury and Finance states that foreign tenants and companies falling within the regulatory foreign-ownership or control exception may agree to foreign-currency real estate rent, but the exception does not make foreign-currency pricing compulsory.

A foreign investor should not assume that using an international company name automatically permits a euro or US-dollar lease.

The shareholding, control structure, residence status, identity of the actual tenant and current currency-protection legislation must be examined before the agreement is signed.

Where foreign-currency rent is legally valid, Article 344 provides a distinct framework under which the rent ordinarily cannot be changed before five years have passed, subject to the hardship provisions of Turkish law.

Security Deposits in Commercial Leases

For roofed workplace leases, the security deposit cannot exceed three months’ rent.

Where the security consists of money, Article 342 requires it to be deposited into a savings account that cannot be withdrawn without the landlord’s consent. If negotiable instruments are used, they must be deposited with a bank.

The bank may release the security with the consent of both parties, following a finalised enforcement proceeding or on the basis of a final court judgment.

If the landlord does not notify the bank within three months following the end of the lease that relevant legal or enforcement proceedings have been initiated, the bank must return the security upon the tenant’s request.

In practice, commercial landlords may request additional guarantees, bank guarantee letters, parent-company guarantees or personal guarantees from shareholders.

These instruments require separate legal analysis. A landlord should not circumvent the mandatory three-month security limitation simply by dividing the same economic security among several differently named documents.

Guarantees provided by individuals are also subject to strict written-form and, in some cases, spousal-consent requirements under Turkish law.

Additional Expenses and Common Charges

Commercial leases often contain substantial obligations in addition to basic rent.

These may include:

• Building management charges;
• Security services;
• Cleaning;
• Heating and cooling;
• Marketing contributions;
• Shopping-centre promotional expenses;
• Maintenance fees;
• Parking expenses;
• Insurance;
• Property taxes;
• Waste charges; and
• Repair contributions.

The lease should distinguish ordinary usage expenses from ownership-related and structural expenses.

A broad clause stating that “all expenses belong to the tenant” may not resolve every issue. The legal nature of each payment, the mandatory provisions of rental law and the condominium or management documents must be considered.

The tenant should request supporting invoices, management budgets and allocation calculations for significant common charges.

In shopping centres and large commercial complexes, the tenant should also examine whether the landlord or management company has the right to change the service-charge methodology unilaterally.

Contractual Penalties and Acceleration Clauses

Article 346 of the Turkish Code of Obligations protects residential and roofed workplace tenants against certain additional financial obligations.

Clauses imposing a contractual penalty merely because rent was paid late, or declaring all future rent immediately due after one missed payment, are invalid.

This does not mean that late payment has no consequences.

The landlord may claim overdue rent, applicable default interest, enforcement expenses and legal fees. Persistent non-payment may also lead to eviction.

The distinction is that the landlord cannot automatically impose every penalty or accelerate the entire remaining contractual rent merely because the agreement contains such wording.

Commercial tenants should therefore review default, penalty and termination clauses carefully rather than assuming that every signed provision will be enforced exactly as written.

Repairs and Maintenance Responsibilities

The agreement should divide maintenance and repair obligations clearly.

The landlord is generally responsible for delivering and maintaining the property in a condition suitable for the agreed use.

The tenant is generally responsible for ordinary cleaning, routine care and damage caused by misuse.

Structural issues such as major roof defects, foundation problems, essential building systems and pre-existing defects will ordinarily require separate consideration from ordinary operational maintenance.

The contract should address:

• Heating and cooling equipment;
• Elevators;
• Fire systems;
• Ventilation;
• Electrical installations;
• Plumbing;
• Exterior signs;
• shutters;
• Common areas; and
• Machinery included in the lease.

A tenant should not undertake major repairs and deduct the expense from rent without following the statutory notification and remedy procedure.

The landlord should not require the tenant to assume every structural defect through a generic clause without considering mandatory obligations.

Renovations and Tenant Improvements

Commercial tenants frequently make substantial investments in fit-out, decoration, machinery, ventilation, electrical capacity and branding.

Under Article 321, the tenant may make alterations with the landlord’s written consent. If consent has been given, the landlord cannot ordinarily require restoration to the previous condition unless restoration was agreed in writing.

Unless otherwise agreed in writing, the tenant cannot automatically claim compensation for the increase in value created by approved alterations.

A renovation protocol should therefore state:

• Which works are permitted;
• Who obtains licences and approvals;
• Who pays the costs;
• Whether structural intervention is allowed;
• Who owns installed items;
• Whether the premises must be restored;
• What happens if the lease ends early;
• Whether the tenant receives compensation; and
• Whether rent begins before completion.

Where improvements are expected to remain permanently in the property, the tenant should negotiate appropriate rent-free periods, contribution payments or minimum lease protection.

Subletting the Commercial Property

A roofed workplace tenant cannot sublet the property or transfer its use to another person without the landlord’s written consent.

The tenant remains responsible to the landlord for the subtenant’s conduct and use of the property.

The lease should address whether the tenant may permit use by:

• Group companies;
• Franchisees;
• Dealers;
• Business partners;
• Contractors;
• Employees;
• Concession operators; or
• Shared-office users.

Use by another company within the same corporate group is not automatically lawful simply because the companies have common shareholders.

The agreement should expressly permit group-company occupation where this flexibility is commercially necessary.

Unauthorised subletting or third-party use may create a breach and, depending on the circumstances and notices, a termination risk.

Transfer of the Commercial Lease

A business tenant may need to transfer the lease when selling the business, restructuring the company or relocating operations.

Article 323 provides an important protection for workplace tenants. The tenant may not transfer the lease without the landlord’s written consent, but the landlord cannot refuse consent without a justified reason in a workplace lease.

A justified reason may relate to the proposed new tenant’s financial capacity, business activity, reputation, licensing position or intended use.

A landlord should not refuse solely to obtain a substantially higher rent or unrelated commercial advantage where the proposed transfer otherwise preserves the contractual relationship.

When a workplace lease is transferred, the new tenant replaces the former tenant.

However, the transferring tenant may remain jointly liable with the new tenant until the contractual expiry date and for a maximum of two years.

A lease-transfer protocol should state:

• The effective transfer date;
• Outstanding rent;
• Deposit treatment;
• Liability of the former tenant;
• Existing damage;
• Guarantees;
• Renovations;
• Inventory; and
• Release or continuation of obligations.

Change of Control and Corporate Restructuring

A share transfer in the tenant company does not necessarily constitute a legal transfer of the rental agreement because the same legal entity remains the tenant.

However, commercial leases frequently include change-of-control provisions requiring the landlord’s consent where the ownership or control of the tenant changes.

Such clauses should be reviewed carefully during investment, merger or acquisition transactions.

The tenant should determine whether the lease permits:

• Share transfers;
• Mergers;
• Demergers;
• Intra-group restructuring;
• Asset sales;
• Franchise arrangements; and
• Transfer of business operations.

A broad change-of-control clause may allow the landlord to intervene in a corporate transaction even where the tenant company itself remains unchanged.

Early Return of the Premises

A business tenant may wish to leave before the fixed contractual term ends because of financial difficulty, relocation, business closure or a change in market conditions.

Under Article 325, returning the property early does not necessarily end the tenant’s liability immediately.

The tenant’s obligations may continue for a reasonable period during which the property could be re-rented under similar conditions.

The tenant may end this liability earlier by proposing a financially reliable and legally acceptable replacement tenant who is ready to take over the lease. The landlord must also account for expenses saved and benefits obtained through re-letting.

A clause requiring payment of every remaining rental instalment in all circumstances may conflict with this statutory mitigation framework.

A tenant planning early departure should:

• Give written notice;
• Propose suitable replacement tenants;
• Permit reasonable viewings;
• Document key delivery;
• Continue paying amounts legally due; and
• Negotiate a written termination protocol.

Renewal and Expiry of Commercial Leases

The expiry of the initial fixed term does not automatically allow the landlord to terminate a roofed workplace lease.

Unless the tenant gives notice at least 15 days before the end of the fixed term, the agreement is generally renewed for one year under the same conditions, subject to the lawful rent increase.

The landlord cannot terminate solely because the original contractual period has expired.

After the completion of the ten-year extension period, the landlord may terminate without proving a special statutory ground by giving written notice at least three months before the end of the relevant extension year.

The calculation is technical. The original fixed contractual term must be distinguished from the ten extension years.

For example, a five-year initial lease is followed by extension periods. The landlord’s no-cause termination right should not automatically be calculated as arising ten calendar years after signature.

Business tenants making major investments should consider whether the statutory renewal framework provides sufficient commercial certainty or whether additional contractual and land-registry protections should be negotiated.

Sale of the Commercial Property

The sale of a rented commercial property does not automatically terminate the lease.

Under Article 310, the purchaser becomes a party to the existing rental agreement by operation of law.

The tenant does not ordinarily need to sign a new agreement. The existing rent, renewal date, deposit and contractual obligations continue.

The new owner may seek eviction if the premises are genuinely required as a workplace for the purchaser or another person protected by Article 351. The purchaser must comply with the one-month written notice and six-month procedure or use the contractual-expiry alternative.

A commercial tenant making substantial long-term investments may also negotiate an annotation of the lease in the land registry. Article 312 permits the parties to agree that the tenancy right will be annotated.

Main Eviction Risks for Business Tenants

A commercial tenant may face eviction based on several statutory grounds.

These include:

• Non-payment of rent;
• Two justified written notices;
• A valid eviction undertaking;
• Genuine workplace need of the landlord;
• Genuine need of a new owner;
• Reconstruction or substantial renovation;
• Serious breach of the duty of care;
• Unauthorised use or subletting;
• Ownership of another suitable property where statutory conditions apply; and
• Completion of the ten-year extension period.

Each ground has separate notice, evidence and filing requirements.

A landlord cannot normally remove a business tenant by changing the locks, cutting utilities or physically removing equipment.

Eviction must be obtained through the applicable enforcement or court procedure.

Non-Payment of Commercial Rent

If the tenant fails to pay due rent or permitted ancillary expenses, the landlord may give a written payment period and warn that the lease will be terminated if payment is not made.

For residential and roofed workplace leases, the payment period must generally be at least 30 days.

The landlord may also initiate non-judicial enforcement proceedings for unpaid rent and eviction.

A business tenant receiving an enforcement payment order must act quickly. The objection period is short, and failure to pay or object may result in both enforcement of the monetary debt and eviction.

Disputes frequently concern whether the claimed rent increase, turnover amount or service charge was legally due.

The tenant should not ignore the uncontested part of the debt while disputing another component.

Eviction Undertakings in Commercial Leases

A workplace tenant may sign a written undertaking promising to vacate the premises on a specified date.

For the undertaking to support the special eviction remedy, it must be given after delivery of the premises and must contain a definite evacuation date.

If the tenant does not leave, the landlord must commence enforcement or file the appropriate action within one month.

Businesses should not sign blank or undated eviction undertakings.

Where the tenant is a company, the representation authority of the signatory must be examined carefully. The undertaking should also be consistent with the company’s internal approval requirements.

Mandatory Mediation in Commercial Lease Disputes

Since 1 September 2023, disputes arising from rental relationships are generally subject to mandatory mediation before litigation.

The requirement covers commercial lease disputes concerning:

• Rent determination;
• Rent adaptation;
• Unpaid rent claims;
• Deposits;
• Damages;
• Lease transfers;
• Repairs;
• Early termination; and
• Most eviction lawsuits.

The principal exception concerns the special non-judicial eviction procedures under the Enforcement and Bankruptcy Law.

Mediation is a procedural prerequisite, but settlement is voluntary.

Commercial parties may use mediation to agree on a new rent, restructuring of arrears, transfer of the lease, renovation obligations or a planned evacuation date.

A settlement should state exact dates, amounts, tax treatment, guarantees and consequences of non-performance.

Which Court Handles Commercial Lease Disputes?

Rental disputes are generally heard by the Civil Court of Peace, regardless of the monetary value and even where the parties are companies or merchants.

Article 4 of the Turkish Code of Civil Procedure assigns disputes arising from rental relationships, including rental receivables, to the Civil Courts of Peace. The specific non-judicial eviction provisions under enforcement law remain reserved.

The fact that the agreement is commercially significant or that both parties are merchants does not ordinarily transfer a standard rental dispute to the Commercial Court of First Instance.

Territorial jurisdiction is assessed according to the defendant’s residence, place of contractual performance and any legally valid jurisdiction clause.

Commercial tenants should pay particular attention to jurisdiction clauses, especially where both parties are merchants and the contract designates a court in another city.

Return of the Property

At the end of the commercial lease, the tenant must return the premises in the condition in which they were received, except for deterioration resulting from ordinary and contract-compliant use.

The tenant is not responsible for normal wear and tear. However, damage caused by misuse, unauthorised structural work or negligence may create compensation liability.

The parties should conduct a joint inspection and sign a final handover report.

The report should identify:

• The delivery date;
• Keys and access cards;
• Meter readings;
• Furniture and equipment;
• Structural alterations;
• Damage;
• Outstanding rent;
• Common expenses;
• Deposit deductions; and
• Restoration obligations.

The landlord must inspect the property and promptly notify the tenant of visible defects for which the tenant is considered responsible.

A tenant should not leave without obtaining a signed key-delivery record. Retaining keys or failing to prove delivery may cause rent or occupation claims to continue.

Practical Recommendations for Business Tenants

A business tenant should begin with comprehensive legal and technical due diligence.

The tenant should verify ownership, authority, permitted use, licensing, title deed records, condominium restrictions and building condition.

The lease should not be signed until the commercial consequences of rent, taxes, common charges, renovation, transfer and termination have been calculated.

Every substantial landlord promise should be included in writing. Verbal assurances concerning licences, exclusivity, parking, renovation contributions or future expansion may be difficult to enforce.

A tenant making significant investment should negotiate:

• A sufficient fixed term;
• Rent-free renovation time;
• Transfer and subletting flexibility;
• Protection in case of sale;
• Compensation or amortisation for improvements;
• Clear service-charge controls; and
• Objective early-termination terms.

Frequently Asked Questions

Are commercial tenants protected under Turkish rental law?

Yes. Roofed workplace tenants benefit from mandatory protections concerning rent increases, deposits, renewal, termination and eviction.

Does a commercial lease need to be notarised?

No. Notarisation is not generally required for validity. A detailed written agreement is nevertheless essential.

Can the landlord increase commercial rent freely?

No. Ordinary annual increases are subject to the 12-month average CPI ceiling. After five years, judicial market-based determination may be requested.

Did the residential 25% cap apply to commercial leases?

No. The temporary residential limit did not generally apply to roofed commercial workplace leases.

Can commercial rent be agreed in euros or US dollars?

Only where the currency-protection legislation permits it. The parties’ residence, nationality, shareholding and control structure must be examined.

What is the maximum deposit?

For roofed workplace leases, the security deposit cannot exceed three months’ rent.

Can a business tenant transfer the lease?

The landlord’s written consent is required. However, in workplace leases the landlord cannot refuse consent without a justified reason.

Can the tenant sublet the premises?

Written landlord consent is generally required for subletting or transferring use of roofed commercial premises.

Does the commercial lease end when its fixed term expires?

Not automatically from the landlord’s perspective. It generally renews unless the tenant gives timely notice. The landlord requires a statutory termination ground or completion of the ten-year extension period.

Can the landlord claim all future rent if one payment is late?

A clause accelerating all future rent or imposing a contractual penalty solely because of late payment is invalid for roofed workplace leases.

What happens if the tenant leaves early?

The tenant may remain liable for a reasonable re-letting period but may end that liability by proposing a suitable replacement tenant.

Does the sale of the property end the lease?

No. The purchaser ordinarily becomes the new landlord under the existing agreement.

Is mediation required before filing a commercial lease lawsuit?

Yes. Most rental disputes require mandatory mediation before litigation, except for the specific non-judicial eviction routes.

Which court handles the case?

The Civil Court of Peace generally has subject-matter jurisdiction.

Conclusion

Commercial lease law in Turkey provides business tenants with significant statutory protection, but it also imposes extensive operational and financial obligations.

The Turkish Code of Obligations protects roofed workplace tenants against unlawful rent increases, excessive security deposits, arbitrary termination, acceleration of future rent and eviction without a statutory ground.

Business tenants must nevertheless pay rent on time, comply with the agreed use, respect building rules, maintain the premises, obtain necessary licences and avoid unauthorised subletting or alterations.

The commercial lease should be drafted around the actual business model. A standard residential lease form is rarely sufficient for an office, restaurant, clinic, hotel, shopping-centre unit or industrial operation.

Particular attention should be given to permitted use, licences, tax treatment, foreign-currency restrictions, turnover rent, service charges, renovations, lease transfer, early termination and restoration.

A company investing substantial amounts in the premises should ensure that the contractual duration and renewal protections are consistent with the expected investment-recovery period.

Disputes arising from commercial leases are generally subject to mandatory mediation before litigation and are heard by the Civil Court of Peace.

Because a single clause may affect years of rental liability or the continuity of the tenant’s business, commercial lease agreements should be reviewed by a Turkish rental and commercial law attorney before signature, renewal, transfer or termination.

Legal Disclaimer: This article provides general information concerning commercial lease law in Turkey and does not constitute legal advice. Each commercial lease must be assessed according to the property, intended use, parties, company structure, payment terms, licences, contractual provisions and current legislation.