What Happens to a Rental Agreement When the Tenant Dies in Turkey?

The death of a tenant creates important questions for landlords, heirs, spouses, family members, business partners and other occupants of the rented property. A landlord may believe that the rental agreement automatically ends when the tenant dies. Family members may assume that they can continue occupying the property indefinitely because they lived with the deceased tenant. Heirs may also be uncertain about whether they must continue paying rent or whether they can terminate the agreement immediately.

Under Turkish law, the death of a tenant does not generally cause the rental agreement to end automatically.

The legal consequences depend on the type of rental agreement, the persons living or conducting business with the deceased tenant, whether the inheritance is accepted or rejected, whether the lease will be continued and whether the persons involved comply with the agreement and applicable legislation.

Article 333 of the Turkish Code of Obligations No. 6098 gives the deceased tenant’s heirs a special termination right. The heirs may terminate the rental agreement for the nearest legally available termination date by complying with the statutory notice period. This means that they do not necessarily have to wait until the end of a long fixed contractual term.

Residential and roofed commercial leases are also subject to Article 356. This provision protects certain persons connected with the deceased tenant, including persons who lived with the tenant in the same residence and persons connected with the continuation of a business or profession, provided that they continue complying with the rental agreement and the law.

The Turkish Civil Code is also relevant. Under Article 599, heirs acquire the inheritance as a whole automatically upon the death of the deceased. The inheritance includes both transferable rights and debts. Consequently, a rental relationship and outstanding rental obligations may become part of the estate unless a special rule applies or the inheritance is validly rejected.

This guide explains what happens to residential, commercial and other rental agreements when a tenant dies in Turkey, including termination by heirs, continuation by household members, unpaid rent, inheritance rejection, security deposits, landlord remedies, mediation and court proceedings.

Does the Rental Agreement Automatically End When the Tenant Dies?

No. As a general rule, the death of the tenant does not automatically terminate the rental agreement.

The agreement may continue with the persons who legally succeed to the tenant’s rights and obligations or with persons who have a special statutory continuation right.

Reported Court of Cassation decisions have expressly stated that the rental relationship does not end merely because the tenant has died. Judicial practice has also required careful identification of the heirs and other persons who may have become parties to the continuing lease.

This means that the landlord cannot immediately:

• Change the locks;
• Enter the property without permission;
• Remove the deceased tenant’s belongings;
• Disconnect electricity, water or natural gas;
• Rent the property to a new tenant;
• Treat the property as abandoned; or
• Evict family members without following a legal procedure.

The death must first be documented, and the legal position of the heirs, cohabitants and other persons using the property must be determined.

The General Rule Under Article 333

Article 333 of the Turkish Code of Obligations regulates the death of a tenant as an extraordinary termination circumstance.

The article provides that the heirs may terminate the rental agreement for the nearest termination date by complying with the statutory termination-notice period.

This provision is important because the original rental agreement may have been concluded for several years.

For example, assume that a tenant signed a five-year rental agreement and died after the first year. The heirs are not necessarily required to continue the lease for the remaining four years. They may use the special right under Article 333 and terminate for the nearest legally available termination date by giving the required notice.

The right under Article 333 belongs to the heirs. The landlord does not obtain an equivalent unrestricted termination right merely because the tenant has died.

The landlord may still rely on other statutory grounds, such as unpaid rent, misuse, genuine need, reconstruction or completion of the applicable extension period. However, death alone does not ordinarily allow the landlord to terminate a residential lease immediately.

What Is the Nearest Legal Termination Date?

Article 333 requires compliance with the statutory termination-notice period.

For leases concerning immovable property or movable structures, Article 329 generally permits termination for the end of a locally recognised rental period. Where no established local practice exists, termination may be made for the end of a six-month rental period by giving at least three months’ notice.

The exact calculation depends on:

• The type of property;
• The commencement date;
• The contractual term;
• Whether the lease is fixed-term or indefinite-term;
• Local practice;
• The date of death;
• The date on which the heirs learned of the death;
• The date on which notice is delivered; and
• Any special provisions governing the rental relationship.

The heirs should not simply send a notice stating that the lease ends immediately.

A notice issued without observing the proper period may become effective only for a later termination date. During the continuing period, rent and other contractual obligations may continue.

Can the Heirs Continue the Rental Agreement?

Yes. The heirs are not required to use the Article 333 termination right.

If they do not terminate and the rental relationship remains legally transferable, the lease may continue.

Under Article 599 of the Turkish Civil Code, heirs acquire the inheritance as a whole automatically by operation of law. This universal succession includes transferable contractual rights and obligations.

The heirs should therefore decide promptly whether they intend to:

• Continue using the property;
• Permit a qualifying household member to continue;
• Continue a commercial business;
• Terminate the agreement;
• Return the property and keys;
• Reject the inheritance; or
• Negotiate a settlement with the landlord.

Remaining silent may create uncertainty and additional rental debt.

A landlord should also avoid dealing informally with only one family member without determining whether other heirs have rights in the estate and rental relationship.

Residential and Roofed Workplace Leases Under Article 356

Article 356 contains a special continuation rule for residential and roofed workplace leases.

The article states that the deceased tenant’s business partners, relevant persons continuing the same profession or trade and persons who lived with the deceased tenant in the same residence may continue the rental agreement as parties, provided that they comply with the agreement and the law.

The provision aims to protect both family life and the continuity of professional or commercial activity.

In a residential setting, it prevents persons who genuinely lived with the deceased tenant from suddenly losing their home solely because their name was not included in the original contract.

In a workplace setting, it may protect continuation of the deceased tenant’s profession, trade or business by persons who were already connected with that commercial activity.

However, Article 356 is not an unrestricted right for every relative, employee, customer or acquaintance of the deceased.

The relationship with the deceased, actual occupation, business connection and compliance with the lease must be established.

Who May Continue a Residential Lease?

Persons who lived with the deceased tenant in the same residence may potentially continue the agreement under Article 356.

This category may include, depending on the facts:

• A spouse;
• Children;
• Parents;
• Siblings;
• A long-term partner;
• Other relatives;
• A caregiver who genuinely formed part of the household; or
• Another person who maintained a stable common residence with the tenant.

Legal inheritance status is not necessarily the only consideration under Article 356. The provision refers to actual cohabitation in the same residence.

A person may therefore have a continuation argument even if they are not a legal heir, provided that they genuinely lived in the property with the deceased tenant and continue complying with the rental agreement.

Conversely, a legal heir who lived in another city and never occupied the rented home may have a different legal position from a person who shared the home with the tenant for many years.

What Does Living in the Same Residence Mean?

Temporary visits or occasional overnight stays will not necessarily establish the statutory cohabitation requirement.

The court may examine whether the person used the rented property as an actual and continuing home.

Relevant evidence may include:

• Address-registration records;
• Utility bills;
• Building-management records;
• Neighbour statements;
• School records;
• Employment documents;
• Personal belongings;
• Insurance records;
• Official correspondence;
• Medical documents;
• Bank statements showing the address; and
• Communications with the landlord.

The person should demonstrate a genuine household relationship rather than occupation beginning only after the tenant’s death.

For example, an adult child who moved into the property only after the parent died may not have the same statutory protection as a child who had continuously lived with the deceased tenant before death.

Does a Spouse Automatically Continue the Agreement?

A spouse who was already a contractual tenant continues in that capacity.

Where only the deceased spouse signed the rental agreement, the surviving spouse’s position depends on several possible legal grounds.

The property may have been a family home under Articles 194 of the Turkish Civil Code and 349 of the Turkish Code of Obligations. The surviving spouse may also qualify as a person who lived with the deceased tenant under Article 356.

If the surviving spouse previously notified the landlord and became a party to the family-home lease, the spouse already had direct tenant status before the death.

Even where no prior notification was made, actual cohabitation and the special continuation provision may protect the spouse.

The surviving spouse should notify the landlord promptly, provide proof of death and residence and clarify the intention to continue paying rent.

Can an Unmarried Partner Continue the Lease?

Potentially, yes.

Article 356 refers to persons living with the deceased tenant in the same residence rather than limiting the right exclusively to legally married spouses or statutory heirs.

An unmarried partner may therefore have a continuation claim where a genuine common household existed.

The partner should be prepared to prove:

• Long-term cohabitation;
• Shared address;
• Joint living expenses;
• Continuous occupation before death;
• Knowledge of the relationship by the landlord or neighbours; and
• Continued compliance with the rental agreement.

The result will depend on the specific evidence. A short-term guest or person who occasionally stayed at the property will not automatically acquire tenant status.

Continuation of a Commercial Lease

The death of a tenant operating a business from a roofed workplace may affect employees, partners, heirs, customers, licences and the economic value of the business.

Article 356 seeks to prevent the automatic destruction of an operating business solely because the named tenant has died.

The relevant persons may continue the rental relationship where they fall within the statutory categories and comply with the agreement and the law.

The assessment may involve:

• The deceased tenant’s business partners;
• Heirs continuing the same profession or trade;
• Persons legally succeeding to the commercial enterprise;
• The type of business;
• Professional licensing;
• Trade-registry records;
• Partnership agreements;
• Tax records;
• The actual continuation of operations; and
• Whether the permitted use remains unchanged.

For example, where a physician, pharmacist, tradesperson or workshop operator dies, the legal ability of an heir or partner to continue may depend on professional qualification and licensing requirements.

The landlord should not assume that the lease is automatically over. Equally, the heirs should not assume that they may change the activity entirely without the landlord’s consent.

The Same Profession or Trade Requirement

Where continuation is based on professional or commercial succession, the relationship between the deceased tenant’s activity and the successor’s activity may be important.

A person cannot always rely on Article 356 to introduce a completely different business.

For example, a property rented and licensed as a professional workshop may not automatically be converted into a restaurant, entertainment venue or accommodation facility after the tenant’s death.

The continuing party should comply with:

• The permitted contractual use;
• Zoning rules;
• Municipal licences;
• Professional qualifications;
• Building regulations;
• Condominium rules;
• Fire-safety standards; and
• Other legal conditions applicable to the business.

A material and unauthorised change may provide the landlord with separate contractual remedies.

The Relationship Between Articles 333 and 356

The relationship between the general rule in Article 333 and the special residential and roofed workplace rule in Article 356 has generated debate in Turkish legal literature.

Article 333 refers expressly to the deceased tenant’s heirs.

Article 356 refers to specific persons, such as household members and business-related persons, who may continue the agreement.

The legislative reasoning for Article 356 indicates that heirs were not expressly repeated because they become parties through the general rules of inheritance and may terminate under Article 333.

However, some legal commentators interpret Article 356 as creating a special succession regime that may restrict continuation to the persons listed in the article. Other commentators consider Article 356 supplementary to the heirs’ general succession rights. The issue can affect a legal heir who did not live with the deceased tenant.

Reported appellate and Court of Cassation decisions do not always provide a completely uniform application. For this reason, landlords and heirs should avoid making categorical assumptions without examining the current lease, the occupants, the inheritance structure and relevant judicial practice.

Multiple Heirs and Necessary Participation in Proceedings

Where several heirs succeed to the estate, the rental relationship may become part of an estate community.

Reported Court of Cassation practice has stated that where the landlord or tenant dies and the rental relationship continues, all heirs may need to participate in proceedings because of compulsory joinder. This issue is considered a matter that courts may examine on their own initiative.

A landlord should therefore not automatically file a rent or eviction action against only the family member who happens to answer the telephone.

The following should be determined:

• All legal heirs;
• Whether any heir rejected the inheritance;
• Whether an executor or estate representative exists;
• Who occupies the property;
• Whether a spouse or cohabitant has an independent continuation right;
• Whether the estate has been officially administered; and
• Whether one heir has authority to represent the others.

An inheritance certificate may be required to identify the heirs.

What Happens If the Heirs Reject the Inheritance?

Legal and appointed heirs may reject the inheritance under the Turkish Civil Code.

The ordinary rejection period is generally three months, although the starting date and calculation may vary according to whether the person is a legal or appointed heir and when they learned of the inheritance. Article 605 also recognises circumstances in which an inheritance may be deemed rejected because the deceased’s insolvency was officially established or publicly known at death.

Rejecting the inheritance may affect liability for unpaid rent and other estate debts.

However, inheritance rejection does not automatically resolve every possession issue.

A person who rejects the inheritance but continues living in the rented property may still need to clarify whether they rely on an independent continuation right under Article 356.

Similarly, rejecting the inheritance does not authorise the occupant to keep the property without paying rent.

The landlord should determine:

• Whether a formal rejection declaration was made;
• Whether the rejection period was observed;
• Which heirs remain;
• Whether the estate has passed to subsequent heirs;
• Whether an official liquidation process applies; and
• Who is actually using the property.

Rent Due Before the Tenant’s Death

Rent and other legally payable expenses that became due before death are generally debts of the deceased tenant and may form part of the estate liabilities.

The landlord may seek payment from the estate and heirs according to inheritance law, subject to valid rejection and other limitations.

Relevant debts may include:

• Unpaid monthly rent;
• Permitted common expenses;
• Utility charges allocated to the tenant;
• Default interest;
• Enforcement expenses;
• Damage caused before death; and
• Other valid contractual obligations.

The landlord should prepare a clear month-by-month calculation and distinguish amounts accruing before and after death.

The heirs should examine bank statements and payment receipts before accepting the landlord’s calculation.

Rent Accruing After the Tenant’s Death

Rent may continue to accrue after death where the rental agreement and possession continue.

Responsibility depends on who continues the agreement and who occupies the property.

Potentially liable persons may include:

• The estate;
• Heirs who accepted the inheritance;
• A surviving contractual tenant;
• A spouse who already became a party;
• Household members continuing under Article 356;
• Business partners continuing the workplace lease; or
• Other persons who acquired tenant status.

The death date does not automatically become the last day for calculating rent.

Where the heirs intend to terminate, they should serve a legally valid notice promptly and arrange key delivery.

Where occupants intend to continue, they should begin making traceable payments without waiting for the landlord to issue a default notice.

Can the Landlord Demand All Remaining Fixed-Term Rent?

Not automatically.

Article 333 gives heirs a special right to terminate for the nearest statutory termination date. The purpose of the provision is to prevent heirs from being forced to continue a long-term agreement that was entered into personally by the deceased tenant.

The heirs may remain responsible for rent during the applicable notice period, but the landlord cannot automatically assume that all rent until the original multi-year expiry date is payable.

The notice must nevertheless be issued correctly. If the heirs fail to use the special termination right and retain possession, the agreement and rental obligations may continue.

Can the Landlord Terminate Solely Because of the Death?

For an ordinary residential or roofed workplace lease, death alone does not ordinarily give the landlord an immediate and unrestricted termination right.

The landlord may rely on another statutory ground where its conditions exist, including:

• Non-payment of rent;
• Serious breach;
• Unauthorised use;
• Genuine housing or workplace need;
• Reconstruction;
• A valid eviction undertaking;
• Two justified notices;
• Another suitable residence owned by the tenant;
• Completion of ten extension years; or
• Another legally recognised ground.

If no heir, cohabitant or qualifying person continues the agreement, the landlord may seek return of the property from the estate and persons in possession.

However, the landlord must still follow a lawful procedure and correctly identify the persons against whom relief is sought.

What If Nobody Wants to Continue the Lease?

If no heir or qualifying occupant wishes to continue, the rental relationship should be formally terminated and the property returned.

The heirs or estate representative should:

1. Notify the landlord of the death.
2. Provide an inheritance certificate or representation document where necessary.
3. Send the Article 333 termination notice.
4. Pay rent and expenses due during the applicable period.
5. Remove the deceased tenant’s belongings.
6. Conduct a final inspection.
7. Return all keys and access devices.
8. Resolve the deposit.
9. Close utility accounts.
10. Obtain a written handover document.

The landlord should not refuse key delivery merely to continue charging rent.

If the parties disagree about the delivery process, a formal notice and legally recognised key-deposit procedure may be required.

What If the Property Appears Abandoned?

A property should not be treated as legally abandoned merely because the tenant has died and no family member immediately responds.

The residence may still contain:

• Personal belongings;
• Estate assets;
• Valuable documents;
• Business records;
• Equipment;
• Pets;
• Confidential material; or
• Items belonging to third parties.

The landlord should attempt to contact the heirs, estate representative or competent authorities.

Entering, removing or disposing of belongings without a legal basis may create compensation and criminal-law risks.

Where urgent action is required to prevent damage, the landlord should document the circumstances and use an appropriate judicial or administrative procedure.

Security Deposit After the Tenant’s Death

The security deposit is not automatically forfeited upon death.

If the lease continues, the security generally continues to secure the rental obligations.

If the lease ends, the landlord may deduct lawful and provable amounts, including:

• Unpaid rent;
• Permitted ancillary expenses;
• Damage exceeding ordinary wear;
• Missing equipment;
• Cleaning required because of abnormal use; and
• Other valid rental debts.

The remaining amount belongs to the estate or the persons legally entitled to receive it.

The landlord should request:

• An inheritance certificate;
• Joint instructions from the heirs;
• A court-appointed representative’s authority; or
• Another legally reliable payment instruction.

Paying the full deposit to one family member without verifying authority may expose the landlord to claims from other heirs.

Property Condition and Final Inspection

Article 334 requires the rented property to be returned in the condition in which it was received, except for deterioration resulting from ordinary and contract-compliant use.

The heirs are not automatically responsible for ordinary ageing.

The parties should conduct an inspection and record:

• Walls and flooring;
• Furniture;
• Electrical and plumbing systems;
• Appliances;
• Keys;
• Meter readings;
• Missing items;
• Existing defects;
• Damage occurring after death; and
• Items belonging to the estate.

The landlord should provide prompt written notification of visible damage claimed against the estate or continuing tenants.

What Happens to a Guarantor?

The death of the tenant does not automatically produce one universal result for every guarantor.

The guarantor’s position depends on:

• The wording of the guarantee;
• Whether it is ordinary or joint and several suretyship;
• The duration;
• The maximum guaranteed amount;
• Spousal-consent requirements;
• Whether renewal periods are covered;
• Whether the lease continues with new tenants;
• Whether the guarantee was personal to the deceased tenant; and
• Mandatory provisions governing guarantees.

A guarantor should not be assumed to guarantee every future debt of heirs or new occupants indefinitely.

The guarantee document should be reviewed separately before a claim is made.

Pending Enforcement Proceedings

Where enforcement proceedings for unpaid rent began before the tenant’s death, the death does not necessarily eliminate the underlying debt.

The proceeding may need to be continued against the estate or heirs under the procedural rules applicable to deceased debtors.

The landlord should notify the enforcement office and provide death and inheritance information.

Where the tenant dies after receiving a payment order, the effect on objection and payment periods requires individual procedural analysis.

Where proceedings are initiated only after death, the landlord should not name the deceased person as though they were still legally capable of being a party.

The correct debtors, heirs or estate representative must be identified.

Pending Eviction Lawsuits

If an eviction lawsuit was already pending when the tenant died, the court should determine who succeeds to the tenant’s position and whether the action may continue against the heirs or other occupants.

The effect may depend on the eviction ground.

For example:

• A rent-default claim may involve estate debts and current occupants.
• A need-based eviction claim concerns recovery of possession and may continue against successors.
• A case based on a personal eviction undertaking may require examination of whether the obligation binds the estate.
• A breach-based case may depend on whether the disputed conduct continues.
• A claim involving household members may require Article 356 analysis.

The court may grant time to obtain an inheritance certificate and include all necessary parties.

Mandatory Mediation

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

The requirement applies to disputes involving:

• Rent owed by the estate or heirs;
• Continuation of the lease;
• Termination;
• Eviction;
• Deposit return;
• Damage;
• Key delivery;
• Commercial succession; and
• Property return.

The special non-judicial eviction procedure under the Enforcement and Bankruptcy Law remains outside the general preliminary mediation requirement. Article 18/B expressly covers rental disputes subject to that exception.

The mediation application should correctly identify the heirs, occupants, estate representative and other necessary parties.

A settlement may regulate:

• Whether the agreement continues;
• The person who becomes tenant;
• Rent arrears;
• Future rent;
• The termination date;
• Removal of belongings;
• Key delivery;
• Deposit return;
• Repairs;
• Business inventory; and
• Mutual release of claims.

Which Court Handles the Dispute?

Civil Courts of Peace, known as Sulh Hukuk Mahkemeleri, generally hear lawsuits arising from rental relationships, regardless of the financial amount involved.

This includes rental receivables, continuation disputes, deposit claims and eviction cases arising from the rental relationship. Official judicial materials confirm the jurisdiction of Civil Courts of Peace under Article 4 of the Code of Civil Procedure.

Inheritance disputes concerning:

• Identification of heirs;
• Rejection of inheritance;
• Estate administration;
• Inheritance certificates; or
• Distribution of the estate

may involve other courts or non-contentious judicial procedures.

A rental court should not be expected to resolve every independent inheritance dispute within an eviction case.

Product Leases

A product lease, known in Turkish as ürün kirası, allows the tenant not only to use property but also to obtain its products or income.

Examples may include certain agricultural, farming or business-operation arrangements.

Article 371 contains a special rule for product leases. Upon the tenant’s death, both the heirs and the landlord may terminate by complying with a six-month statutory termination-notice period.

This differs from the general rule under Article 333, which gives the special death-based termination right to the heirs.

The rental agreement must therefore be legally classified correctly. Calling an arrangement an ordinary lease does not necessarily prevent it from being treated as a product lease where the tenant was granted the right to operate and obtain the products of the property.

Sale of the Rented Property After the Tenant’s Death

The landlord may sell the property while the rental relationship is continuing.

The purchaser generally becomes the new landlord under the existing lease.

The sale does not eliminate the rights of heirs, cohabitants or business successors who validly continued the agreement.

The purchaser should investigate:

• The death certificate;
• The original rental agreement;
• Current occupants;
• Heirs;
• Article 356 continuation claims;
• Rent payments;
• Existing notices;
• Pending lawsuits;
• Deposit information; and
• Key-delivery status.

A purchaser should not assume that a deceased tenant means the property will be delivered vacant.

Evidence Required by the Landlord

A landlord dealing with a deceased tenant should collect:

• The rental agreement;
• Death records;
• Inheritance certificate;
• Title deed;
• Rent ledger;
• Bank records;
• Notices;
• Service documents;
• Current occupant information;
• Address records;
• Building-management reports;
• Commercial registry information;
• Photographs;
• Inspection reports;
• Deposit documents; and
• Mediation records.

The landlord should prepare a chronological account showing:

• The date of death;
• Rent owed before death;
• Rent accruing afterward;
• Persons using the property;
• Notices sent;
• Payments made;
• Continuation or termination declarations; and
• The date possession was returned.

Evidence Required by Heirs and Occupants

Heirs or persons seeking to continue the lease should preserve:

• Death certificate;
• Inheritance certificate;
• Address records;
• Proof of cohabitation;
• Marriage or family records;
• Bank payments;
• Business partnership documents;
• Professional licences;
• Trade-registry records;
• Communications with the landlord;
• The original rental agreement;
• Evidence of inheritance rejection;
• Key-delivery documents; and
• Deposit receipts.

A person relying on Article 356 should notify the landlord clearly rather than leaving the legal position uncertain.

Common Mistakes Made by Landlords

The most common mistake is assuming that the lease ended automatically on the date of death.

Other common errors include:

• Changing the locks;
• Removing belongings;
• Filing proceedings against the deceased person;
• Dealing with only one heir;
• Ignoring cohabitants;
• Ignoring a surviving spouse’s tenant status;
• Refusing rent from a qualifying successor;
• Returning the deposit to an unauthorised relative;
• Failing to identify business partners;
• Filing without mandatory mediation;
• Treating every occupant as a trespasser; and
• Re-renting before possession is lawfully returned.

The landlord should first determine the correct parties and legal basis.

Common Mistakes Made by Heirs and Occupants

Heirs and occupants frequently make mistakes such as:

• Assuming that no rent is payable after death;
• Failing to send a termination notice;
• Missing the nearest legal termination date;
• Continuing occupation without notifying the landlord;
• Paying rent without identifying who is continuing the lease;
• Ignoring inheritance-rejection consequences;
• Removing estate assets without authority;
• Returning keys without a written report;
• Failing to document cohabitation;
• Ignoring mediation or enforcement documents; and
• Assuming that family relationship alone guarantees permanent occupation.

The legal position should be clarified immediately after the death.

Practical Checklist for Landlords

After learning that the tenant has died, the landlord should:

1. Obtain reliable confirmation of death.
2. Identify all contractual tenants.
3. Determine whether a surviving tenant remains.
4. Request an inheritance certificate.
5. Identify all heirs.
6. Determine whether any heir rejected the inheritance.
7. Identify persons living in the residence.
8. Identify business partners or professional successors.
9. Calculate rent before and after death separately.
10. Avoid self-help measures.
11. Send notices to the correct persons.
12. Preserve payment and service records.
13. Negotiate continuation or termination.
14. Complete mandatory mediation where required.
15. File proceedings against the proper parties.
16. Return the deposit only to authorised persons.

Practical Checklist for Heirs and Household Members

Heirs and household members should:

1. Notify the landlord of the death.
2. Obtain an inheritance certificate.
3. Decide whether to accept or reject the inheritance.
4. Determine whether the lease will continue.
5. Send an Article 333 notice promptly if termination is intended.
6. Prove cohabitation if relying on Article 356.
7. Continue paying legally due rent.
8. Preserve bank receipts.
9. Identify and protect estate belongings.
10. Attend mediation.
11. Arrange a final property inspection.
12. Return all keys formally if leaving.
13. Request an itemised deposit calculation.
14. Obtain written confirmation of termination and handover.

Frequently Asked Questions

Does a rental agreement automatically end when the tenant dies?

No. The death of the tenant does not generally end the agreement automatically.

Do the heirs become responsible for the lease?

Rental rights and obligations may pass to the heirs through universal succession, subject to special rental rules and valid rejection of inheritance.

Can the heirs terminate the agreement early?

Yes. Article 333 permits the heirs to terminate for the nearest statutory termination date by complying with the legal notice period.

Can the landlord terminate solely because the tenant died?

Not ordinarily under a residential or roofed workplace lease. The landlord must rely on another valid termination ground.

Can the surviving spouse remain?

A surviving spouse may continue as an existing tenant, a family-home party or a cohabitant protected by Article 356, depending on the circumstances.

Can an unmarried partner continue the lease?

Potentially yes, where genuine cohabitation in the same residence before death is proven.

Can children continue living in the property?

Potentially, particularly where they lived with the deceased tenant and comply with the agreement. Their inheritance and Article 356 status should be assessed.

Does a legal heir who lived elsewhere automatically have the right to occupy?

The answer is legally debated in residential and roofed workplace leases because of the relationship between Articles 333 and 356. Individual analysis is necessary.

What happens to unpaid rent?

Rent owed before death may become an estate debt. Rent may continue accruing after death while the agreement and possession continue.

What happens if the inheritance is rejected?

Valid rejection may affect liability as an heir, but it does not automatically determine the rights of a person continuing to occupy the property under another legal status.

Can the deposit be retained?

Only to the extent of lawful and provable rental debts or damage. The remaining amount must be paid to the authorised estate beneficiaries.

Can the landlord change the locks?

No. Possession must be recovered through voluntary delivery or lawful court and enforcement procedures.

Is mediation required?

Most court-based rental disputes require mandatory mediation before litigation.

Which court hears rental disputes after death?

The Civil Court of Peace generally hears rental disputes. Separate inheritance matters may fall within the jurisdiction of other courts.

What happens to a commercial lease?

Qualifying business partners, professional successors and other persons listed under Article 356 may continue where they comply with the lease and law.

What happens to a product lease?

Under Article 371, both the heirs and landlord may terminate by observing the six-month statutory notice period.

Conclusion

The death of a tenant does not ordinarily terminate a rental agreement automatically under Turkish law.

Article 333 gives the deceased tenant’s heirs the right to terminate the agreement for the nearest legal termination date by complying with the statutory notice period.

If the heirs do not use this right, the lease may continue together with the transferable rental rights and obligations acquired through inheritance.

Residential and roofed workplace leases are also subject to Article 356. Persons who lived with the deceased tenant in the same residence and qualifying persons connected with the continuation of the deceased tenant’s profession or business may continue the agreement, provided that they comply with the contract and the law.

The relationship between the general inheritance rule and Article 356 has generated differing legal interpretations. Landlords and heirs should therefore identify every heir, occupant and business successor before taking legal action.

Rent owed before death may become an estate debt. Rent may continue accruing after death where possession and the lease continue.

A valid rejection of inheritance may affect an heir’s liability, but it does not automatically remove a separate continuation right held by a cohabitant or business successor.

The landlord cannot change the locks, remove belongings or re-rent the property merely because the named tenant has died.

Where nobody intends to continue, the heirs or estate representative should give a proper termination notice, remove the belongings, settle the accounts and return the keys through a written handover process.

Security deposits are not automatically forfeited. Proven rent, expenses and tenant-caused damage may be deducted, while the balance must be paid to legally authorised persons.

Most court-based rental disputes require mandatory mediation, and the Civil Court of Peace generally has jurisdiction over the resulting rental action.

Because tenant death creates an intersection between rental law, inheritance law and procedural law, each case should be reviewed according to the rental agreement, type of property, heirs, household members, business structure, inheritance-rejection status, rent records and possession of the property.

Legal Disclaimer: This article provides general information concerning the effect of a tenant’s death on rental agreements in Turkey as of July 2026. It does not constitute legal advice. Each matter must be evaluated according to the rental agreement, type of lease, inheritance documents, occupants, business relations, payment records, termination notices, mediation process and current judicial practice.