Owning and renting residential or commercial property in Turkey can provide significant financial benefits. However, landlords may also face unpaid rent, unauthorised use, damage to the property, unlawful subletting, disputes over rent increases and tenants who refuse to leave despite the existence of a legal eviction ground.

Landlord rights in Turkey are principally governed by the Turkish Code of Obligations No. 6098, the Enforcement and Bankruptcy Law No. 2004, the Code of Civil Procedure No. 6100 and the Mediation Law No. 6325. The applicable legal procedure depends on the type of property, the wording of the rental agreement, the reason for termination and the evidence available to the landlord.

Turkish rental law aims to protect both ownership rights and housing or commercial continuity. For this reason, landlords have important rights concerning rent collection, security deposits, property inspections, damage compensation and eviction. However, these rights must be exercised through lawful notice, enforcement, mediation and court procedures.

A landlord cannot normally remove a tenant by changing the locks, entering the property without consent, disconnecting utilities or physically removing the tenant’s belongings. Even where the landlord is substantively entitled to recover the property, failure to follow the correct procedure may result in the dismissal of the case, compensation liability or criminal allegations.

This guide explains the principal landlord rights in Turkey, how unpaid rent may be collected, the main grounds for tenant eviction, how landlords can protect their property and which procedural deadlines must be observed.

Legal Framework Governing Landlord Rights in Turkey

The primary legislation governing lease agreements is the Turkish Code of Obligations. General lease provisions apply to various rental relationships, while residential and roofed workplace leases are subject to additional protective provisions.

Residential leases include apartments, houses and similar properties used for accommodation. Roofed workplace leases include offices, shops, restaurants, clinics, workshops and other enclosed commercial premises.

The legal rules applicable to residential and roofed workplace leases are largely mandatory. This means that the parties cannot freely create contractual provisions that eliminate statutory tenant protections or grant the landlord unrestricted termination rights.

Nevertheless, tenant protection does not mean that landlords are legally powerless. A landlord may claim unpaid rent and ancillary expenses, require careful use of the property, demand repair of tenant-caused damage, initiate enforcement proceedings, file rent determination proceedings and seek eviction where one of the statutory grounds exists.

The most important practical issue is selecting the correct legal ground and complying with the related notice and filing periods. A landlord who relies on the wrong legal mechanism may lose substantial time even where the tenant has clearly breached the agreement.

The Landlord’s Right to Receive Rent

The tenant’s primary contractual obligation is to pay the agreed rent. Under Articles 313 and 314 of the Turkish Code of Obligations, the tenant must pay the rent and, where applicable, ancillary expenses in accordance with the agreement. If the agreement does not provide otherwise, payment is generally due at the end of each month and no later than the end of the rental period.

A landlord should ensure that the rental agreement clearly states the monthly rent, payment date, bank account, currency, increase mechanism and responsibility for common expenses and utilities.

Payments should preferably be made through a bank. The transfer description should identify the property and rental month. Clear banking records reduce disputes concerning whether a payment was made, whether it related to rent or another debt and which rental period it covered.

Where cash payment is accepted, the landlord should issue a signed receipt containing the date, amount, rental month and address of the rented property. Informal cash transactions frequently create evidentiary problems.

The landlord may also request payment of permitted ancillary expenses. Depending on the agreement and the nature of the expense, these may include heating, water, electricity, routine building management expenses and other costs directly related to the tenant’s use. The Turkish Code of Obligations provides that, unless otherwise agreed or established by local custom, tenants of residential and roofed workplaces bear usage expenses such as heating, lighting and water. The party paying an expense must provide supporting documentation upon request.

What Can a Landlord Do When Rent Is Not Paid?

When rent becomes due and remains unpaid, the landlord has several legal options. The appropriate route depends on whether the landlord seeks only payment, both payment and eviction, or termination based on repeated defaults.

Article 315 of the Turkish Code of Obligations allows the landlord to give the tenant a written period to pay the overdue rent or ancillary expenses. The notice must also state that the agreement will be terminated if payment is not made within the granted period.

For residential and roofed workplace leases, the payment period must be at least 30 days. The period begins on the day following the written notification to the tenant.

The notice should clearly identify the rental agreement, property, unpaid months, principal amount, ancillary expenses and payment account. A vague or excessive demand may create procedural objections.

The notice should generally be delivered through a notary public or another legally reliable notification method. Ordinary messaging applications may provide supporting evidence, but they may not always replace a formal notice where the law requires written service and proof of delivery.

If the tenant pays the entire outstanding amount within the valid 30-day period, termination based solely on that default may no longer be possible. However, the notice may still have significance for a possible two-justified-notice eviction claim if the legal requirements are met.

Rent Collection Through Enforcement Proceedings

Instead of sending a separate default notice, a landlord may initiate enforcement proceedings for unpaid rent and request both payment and eviction.

This procedure is regulated by the Enforcement and Bankruptcy Law. The landlord applies to the enforcement office, states the overdue rent and requests the statutory payment order containing an eviction warning.

The tenant may object to the payment order within the statutory objection period. For the non-payment-based rental enforcement procedure, the objection period is generally seven days, while the tenant must pay within the period determined according to the Turkish Code of Obligations, which is ordinarily 30 days for residential and roofed workplace leases.

If the tenant neither objects nor pays, the landlord may seek attachment for the monetary claim and request an eviction decision from the enforcement court.

If the tenant objects, the enforcement proceedings stop to the extent of the objection. The landlord must then use the appropriate legal procedure to have the objection removed or annulled.

The strength of the landlord’s written evidence becomes especially important where the tenant denies the rental relationship, signature, rent amount or payment obligation. A properly signed rental agreement and detailed bank records may substantially simplify the enforcement process.

Where the rental agreement is not notarised and the tenant expressly denies the signature, the enforcement court may be unable to conduct a full signature examination under the summary procedure. In such a case, the landlord may have to pursue the claim before the competent civil court. The legal route should therefore be selected after reviewing the available documents.

Claiming Interest, Expenses and Legal Costs

A landlord who is owed rent may generally claim the unpaid principal together with applicable default interest, enforcement expenses and legal fees, subject to the circumstances of the case.

The contractual interest clause should be reviewed carefully. Excessive or unlawful clauses may not be enforceable, particularly in residential and roofed workplace leases.

Article 346 of the Turkish Code of Obligations prohibits contractual terms imposing additional payment obligations on the tenant other than rent and ancillary expenses. In particular, clauses requiring a contractual penalty merely because the rent was paid late, or providing that all future rental instalments immediately become due, are invalid for residential and roofed workplace leases.

This prohibition does not prevent the landlord from claiming statutory default interest, legal expenses or compensation where the legal conditions exist. It prevents landlords from circumventing tenant-protection rules through excessive contractual penalties.

Annual Rent Increase Rights

A landlord is entitled to request a lawful annual rent increase when the lease is renewed.

Under Article 344 of the Turkish Code of Obligations, agreements concerning the rent payable in renewed rental periods are valid only to the extent that the increase does not exceed the 12-month average change in the Consumer Price Index.

This limit applies even where the written rental agreement provides for a higher percentage. The parties may agree on a lower increase, but the ordinary annual increase cannot validly exceed the statutory ceiling.

The applicable rate must be determined according to the contractual renewal date. Since the 12-month average CPI rate changes monthly, landlords should use the official figure applicable on the relevant renewal date.

The temporary 25% increase restriction previously applied to certain residential leases ended in July 2024. Current ordinary residential and roofed workplace rent increases are therefore governed by the general CPI-based framework of Article 344.

A landlord should not attempt to impose an arbitrary rent increase during the middle of the rental year unless the parties voluntarily agree or another legal mechanism is available.

Where the tenant continues paying the previous rent despite a valid contractual and statutory increase, the landlord may claim the difference, provided the wording of the agreement, renewal date and payment history support the demand.

Rent Determination Lawsuits After Five Years

For leases lasting more than five years or renewed after five years, the landlord may seek judicial determination of the rent.

In such cases, the court is not limited exclusively to the ordinary annual CPI ceiling. The judge considers the 12-month average CPI rate, the condition of the property, comparable rental values and equity.

The court generally appoints real estate experts to inspect the property and evaluate factors such as location, size, age, floor, view, accessibility, physical condition, commercial potential and comparable properties.

After five years, the landlord may therefore request a rent closer to the objective market level. However, this does not mean that the court automatically accepts the rental value claimed by the landlord. Comparable evidence must be reliable and the court may make an equity adjustment because the property is occupied by an existing tenant.

The timing of the lawsuit is essential. Article 345 provides that a rent determination lawsuit may be filed at any time, but the filing date or prior written notice affects the rental period from which the court-determined amount will apply.

To have the new rent apply from the beginning of the upcoming rental period, the landlord should generally file the lawsuit at least 30 days before the new period begins or send a written increase notice within that period and file before the end of the following rental period.

If the rental agreement already contains a valid increase clause, a lawsuit filed before the end of the relevant rental period may allow the court-determined amount to apply from the beginning of that period.

Missing these timing requirements may postpone the effective date of the increased rent and cause a significant financial loss.

The Landlord’s Right to Protect the Property

A tenant must use the property carefully and in accordance with the rental agreement.

Article 316 of the Turkish Code of Obligations requires the tenant to use the rented property with due care and to respect neighbours and other persons in the building.

Where the tenant violates this obligation in a residential or roofed workplace lease, the landlord normally gives a written warning granting at least 30 days to remedy the breach. The warning should state that the agreement will be terminated if the violation continues.

Immediate written termination may be possible where the tenant intentionally causes serious damage, where granting additional time would clearly be useless or where the tenant’s conduct has become intolerable for the landlord, neighbours or other occupants of the building.

Examples may include deliberate destruction, serious and repeated disturbance, dangerous use, unlawful structural alterations or activities creating substantial risks to the property.

Landlords should document violations through photographs, videos, building management reports, witness statements, police records, expert reports and written correspondence.

General allegations that the tenant is “damaging the property” may not be sufficient. The nature, seriousness, date and continuation of the violation should be established.

Inspection, Repair and Access Rights

A landlord does not have an unrestricted right to enter the property whenever desired. Once possession is delivered, the tenant has the right to peaceful use.

However, the tenant must tolerate necessary works aimed at repairing defects or preventing damage. The tenant must also permit the landlord or authorised third parties to inspect the property to the extent necessary for maintenance, sale or re-letting.

The landlord should provide reasonable advance notice and arrange access at an appropriate time, except in genuine emergencies.

A well-drafted rental agreement should regulate periodic inspections, emergency access, repair appointments and visits by potential buyers or future tenants. Nevertheless, contractual provisions should not be used to destroy the tenant’s privacy.

The safest approach is to communicate inspection requests in writing and preserve the tenant’s response. If access is unreasonably denied and damage is increasing, the landlord may seek legal remedies rather than entering by force.

Property Damage and Compensation Claims

At the end of the lease, the tenant must return the property in the condition in which it was received, except for deterioration resulting from ordinary and contract-compliant use.

The tenant is not responsible for normal wear and tear. However, the tenant may be liable for damage caused by misuse, negligence, unauthorised alteration or failure to notify the landlord of a serious defect.

The distinction between ordinary wear and tenant-caused damage is often disputed. Landlords should therefore prepare a detailed delivery report at the start of the lease.

The report should record the condition of walls, floors, windows, doors, sanitary installations, heating systems, electrical fixtures, furniture and appliances. Photographs and video records should be dated and preserved.

When the property is returned, the landlord must inspect it and immediately notify the tenant in writing of defects and deficiencies for which the tenant is considered responsible. If the landlord fails to give timely written notice, the tenant may be released from liability for defects detectable during an ordinary inspection.

Hidden defects that could not reasonably be discovered at delivery may still be claimed, but the landlord must notify the tenant promptly after discovering them.

Landlords should avoid signing a broad handover statement confirming that the property has been received “without any claims” unless a proper inspection has been completed.

Security Deposits

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

Where the security is money or negotiable instruments, the statutory model requires the tenant to deposit it with a bank in a manner preventing withdrawal without the landlord’s consent.

The bank may release the deposit 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 after termination of the lease that a lawsuit, enforcement or bankruptcy proceeding has been initiated, the bank must return the security upon the tenant’s request.

The deposit may secure unpaid rent, unpaid expenses for which the tenant is responsible and damage beyond normal wear and tear.

The landlord should not automatically treat the deposit as the last month’s rent unless the parties expressly agree. Likewise, the tenant should not unilaterally stop paying the final rent on the assumption that the landlord will deduct it from the deposit.

Any deduction should be supported by evidence, such as invoices, repair quotations, photographs, payment records or expert findings.

Landlord’s Statutory Lien Over Movable Property

Turkish rental law provides landlords with a special statutory lien over certain movable property located in the rented premises.

Under Article 336, the landlord has a lien over movable property used for furnishing or operating the rented property as security for one year of accrued rent and six months of current rent.

The lien may also extend to similar property brought in by a subtenant, subject to the amount owed by the subtenant to the principal tenant. However, it does not apply to property that cannot legally be seized.

The landlord cannot simply confiscate the tenant’s property personally. Where the tenant is removing goods, the landlord may request a retention decision from the civil judge or enforcement officer for the quantity necessary to secure the claim.

Third-party ownership must also be considered. The landlord’s lien may not prevail over the rights of a third party where the landlord knew or should have known that the goods did not belong to the tenant.

This mechanism is particularly relevant in commercial leases involving machinery, office furniture, restaurant equipment or retail inventory. It should be used carefully and through formal legal procedures.

Unauthorised Subletting and Transfer of the Lease

A landlord has the right to control who uses the property within the limits of Turkish rental law.

The tenant cannot freely transfer the rental relationship or sublet the property in every situation. The rental agreement should regulate whether subletting, short-term accommodation or transfer of use is permitted.

Unauthorised subletting may constitute a contractual breach and, depending on the facts, may support termination after the required notice.

This issue has become particularly important because of online short-term rental platforms. A tenant who rents a residential property for long-term use may not have the right to operate it as tourist accommodation.

Short-term tourist rental may also require specific governmental authorisation and compliance with condominium and administrative regulations. A landlord should immediately investigate online listings, neighbour complaints and unusual occupation patterns.

The landlord should preserve screenshots, booking records, witness statements and building management notices before taking legal action.

Eviction Based on a Written Eviction Undertaking

A written eviction undertaking is one of the most effective legal tools available to a landlord when validly executed.

Under Article 352, if the tenant gives a written undertaking after delivery of the property promising to vacate on a specific date and fails to leave, the landlord may initiate enforcement proceedings or file an eviction lawsuit within one month from the promised date.

The undertaking must be signed after the property has been delivered. A document obtained before or simultaneously with delivery may be challenged because the statutory purpose is to ensure that the tenant gives the promise freely after obtaining possession.

The undertaking should identify the parties, property, rental agreement and exact eviction date. Blank or undated documents frequently lead to allegations that the landlord later completed the document without consent.

If the tenant disputes the signature or execution date, the applicable court and evidentiary procedure may depend on the document and enforcement route selected.

The one-month period is strict. A landlord who fails to initiate enforcement proceedings or file a lawsuit within one month may lose the right to rely on that undertaking.

Eviction Due to Two Justified Notices

A landlord may seek eviction where the tenant repeatedly fails to pay rent on time and causes two justified written notices.

For rental agreements of one year or longer, the two notices must generally occur within the same rental year. The eviction lawsuit must be filed within one month following the end of that rental year.

For agreements shorter than one year, the notices must arise within the rental period, and the lawsuit must be filed within one month after the period ends.

The notices must be justified when issued. A demand may not qualify if the rent had already been paid, the amount was not yet due or the landlord demanded an unlawful sum.

Payment after the notice may prevent immediate termination based on default, but the notice may still count for the two-notice eviction ground.

Landlords should keep a clear payment ledger and avoid combining unrelated debts with rent in a manner that makes the demand uncertain.

Eviction Due to the Landlord’s Genuine Need

A landlord may terminate a residential or roofed workplace lease where the property is genuinely required as a residence or workplace for the landlord, the landlord’s spouse, descendants, ascendants or persons whom the landlord is legally obliged to support.

The need must be genuine, sincere and compulsory. An artificial claim made solely to remove the tenant and obtain a higher rent may be rejected.

For a fixed-term agreement, the lawsuit must generally be filed within one month following the end of the contractual term. For indefinite agreements, the landlord must comply with the applicable termination periods and file within one month from the legally determined termination date.

Evidence may include the landlord’s current housing conditions, family circumstances, employment location, health requirements, existing properties and reasons why the rented property is suitable.

The need must normally continue throughout the proceedings. If the alleged need disappears before the judgment, the case may be affected.

A written notice served within the normal filing period may extend the right to file the lawsuit for one rental year under Article 353.

Eviction for Reconstruction or Major Renovation

A landlord may seek eviction where the property requires reconstruction, substantial repair, expansion or alteration and the tenant’s continued use is impossible during the works.

Minor decoration, repainting or ordinary repairs are generally insufficient. The project must be substantial and make occupation impossible.

The landlord should obtain architectural projects, licences, technical reports, structural assessments and municipal documents before commencing the case.

The same statutory filing periods applicable to need-based eviction generally apply to reconstruction and redevelopment claims.

A landlord who obtains eviction for reconstruction becomes subject to restrictions on re-letting. The property cannot be rented to another person in its previous condition for three years without a justified reason.

The former tenant also has a statutory priority right regarding the reconstructed property under the conditions provided by law.

Rights of a New Property Owner

When rented property is sold, the new owner automatically becomes a party to the existing rental agreement. The sale does not by itself terminate the lease.

However, a new owner who genuinely needs the property for personal, spousal, descendant, ascendant or legally dependent use may rely on the special procedure regulated by Article 351.

The new owner must notify the tenant in writing within one month following acquisition. The new owner may then file an eviction lawsuit after six months.

Alternatively, the new owner may use the right to file within one month following the end of the existing contractual period.

The one-month notification period is critical. A notice sent late may prevent the new owner from relying on the six-month procedure.

A purchaser of tenanted property should therefore obtain the rental agreement, payment records, deposit information and tenant details before completing the transaction.

Eviction After the Ten-Year Extension Period

A fixed-term residential or roofed workplace lease does not automatically end merely because its initial term has expired.

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

The landlord cannot terminate solely because the original period has ended. However, after the ten-year extension period has been completed, the landlord may terminate without showing a specific reason by giving written notice at least three months before the end of the relevant extension year.

The calculation is technical. The initial contractual period and the ten extension years must be distinguished. Landlords should not assume that termination becomes available exactly ten calendar years after the contract date.

An incorrectly timed notice may be treated as effective only for a later period or may be invalid.

Re-Letting Restrictions Following Eviction

A landlord who obtains eviction based on personal need cannot, without a justified reason, rent the property to someone other than the former tenant for three years.

Where eviction is based on reconstruction or redevelopment, the property cannot generally be rented to someone else in its former condition for three years.

If the landlord violates these restrictions, the former tenant may claim compensation of not less than one year’s rent based on the rent paid in the final rental year.

This is why landlords should not file a fictitious need-based eviction case merely to replace the tenant with someone willing to pay more.

If circumstances genuinely change after eviction, the landlord should preserve evidence establishing the justified reason.

Mandatory Mediation in Rental Disputes

Since 1 September 2023, mediation has been a mandatory prerequisite before filing most lawsuits arising from rental relationships.

The requirement covers disputes concerning unpaid rent, eviction, rent determination, rent adaptation, deposits, compensation, repairs and other rental claims.

The main exception concerns eviction through the special non-judicial enforcement procedure under the Enforcement and Bankruptcy Law.

Where mandatory mediation applies, the landlord must complete the mediation process before filing the lawsuit. If a case is filed without applying for mediation, it may be dismissed on procedural grounds.

Mediation may be particularly useful where the parties can agree on an eviction date, payment schedule, rent increase, deposit settlement or repair obligation.

The agreement must be drafted precisely. Terms such as “the tenant will leave when suitable” or “payments will be made soon” create enforcement difficulties.

A mediation settlement should specify exact amounts, due dates, bank accounts, interest consequences, key-delivery arrangements and the legal consequences of non-performance.

Which Court Handles Landlord-Tenant Disputes?

Civil Courts of Peace generally hear disputes arising from rental relationships regardless of the monetary value of the claim.

This jurisdiction includes rent receivables, eviction lawsuits, rent determination, deposit disputes and property damage claims arising from the rental relationship.

The special non-judicial eviction provisions of the Enforcement and Bankruptcy Law remain outside the ordinary rental jurisdiction framework.

Territorial jurisdiction is generally determined according to the defendant’s residence, the place of contractual performance and other applicable procedural rules.

A jurisdiction clause may not always be enforceable, particularly where the legal conditions for contractual jurisdiction are not satisfied.

Actions Landlords Must Avoid

Even where the tenant is in serious breach, the landlord should avoid self-help measures.

The landlord should not change the locks, physically remove belongings, enter the property without permission, threaten the tenant or disconnect electricity, water or natural gas.

Such conduct may expose the landlord to compensation claims, criminal complaints and adverse findings in subsequent litigation.

The landlord should also avoid demanding an unlawful rent increase, accepting undocumented cash payments or signing vague protocols.

Every important step should be documented in writing. A properly prepared notice and timely legal application are generally more effective than informal pressure.

Practical Property Protection Strategy for Landlords

The most effective property protection begins before the tenant receives the keys.

The landlord should verify the tenant’s identity, address, employment or commercial activity and ability to pay. Where legally appropriate, a valid guarantor arrangement may be considered, but guarantee agreements must comply with strict formal requirements under Turkish law.

The rental agreement should clearly regulate rent, payment date, lawful increase mechanism, deposit, permitted use, subletting, alterations, common expenses, insurance, repair duties, inspection conditions and key delivery.

A detailed delivery report should be prepared with photographs, video, meter readings and a furniture inventory.

All rent payments should be monitored monthly. Delay should be addressed promptly rather than allowing substantial arrears to accumulate.

Where the tenant breaches the contract, the landlord should identify the exact legal ground before sending a notice. A notice suitable for unpaid rent may not be sufficient for unauthorised use or neighbour disturbance.

At the end of the lease, the landlord should inspect the property immediately, record any damage and notify the tenant in writing without delay.

Frequently Asked Questions About Landlord Rights in Turkey

Can a landlord evict a tenant immediately for unpaid rent?

No. The landlord must follow the statutory default or enforcement procedure. For residential and roofed workplace leases, the tenant must generally be granted at least 30 days to pay.

Can a landlord increase rent to the current market level every year?

Not automatically. Ordinary annual increases are limited by the 12-month average CPI rate. After five years, the landlord may file a rent determination lawsuit based on CPI, property condition, comparable rents and equity.

Can a landlord enter the property without permission?

Not freely. The landlord may request access for necessary repairs, inspection, sale or re-letting, but access should be reasonably arranged with the tenant except in emergencies.

Can the deposit exceed three months’ rent?

For residential and roofed workplace leases, the statutory security cannot exceed three months’ rent.

Can a landlord keep the entire deposit?

Only where legitimate claims equal or exceed the deposit can be proved. Normal wear and tear cannot generally be charged to the tenant.

Does the sale of a property terminate the lease?

No. The new owner becomes a party to the existing agreement. Eviction requires a statutory ground and compliance with the relevant notice and filing periods.

Can the landlord evict the tenant when the one-year lease expires?

Not solely because the initial period has expired. Residential and roofed workplace leases generally renew automatically unless the tenant gives timely notice. The landlord must rely on a statutory ground or the ten-year extension rule.

Is mediation compulsory before an eviction case?

Mediation is mandatory before most court-based rental disputes. The special non-judicial enforcement route for eviction is the principal exception.

Conclusion

Landlord rights in Turkey provide effective legal mechanisms for collecting rent, protecting property and recovering possession where a valid eviction ground exists.

A landlord may claim unpaid rent and ancillary expenses, initiate enforcement proceedings, seek lawful rent increases, file a rent determination lawsuit, require careful use of the property and demand compensation for tenant-caused damage.

Eviction may be possible because of non-payment, a valid written eviction undertaking, two justified notices, genuine personal need, reconstruction, acquisition by a new owner, the tenant’s ownership of another suitable residence or completion of the ten-year extension period.

However, these rights are closely connected to strict notice requirements, evidentiary standards and filing deadlines. A landlord who misses a one-month filing period, sends an incomplete notice or relies on the wrong legal ground may lose time and rental income.

For this reason, rental disputes should be managed through a documented legal strategy from the beginning. The rental agreement, payment records, delivery report, notices, mediation documents and procedural dates should be reviewed together before enforcement or litigation begins.

Legal Disclaimer: This article provides general information on landlord rights in Turkey and does not constitute legal advice. Every rental dispute must be evaluated according to the rental agreement, property type, payment history, notices, evidence and specific circumstances of the parties.