How Can a Foreign Tenant Terminate a Rental Agreement Before Leaving Türkiye?

Foreign nationals living in Türkiye often sign residential leases for one year or longer.

However, life circumstances may change before the agreed rental period ends.

A foreign tenant may receive a new job offer abroad, return permanently to his or her home country, lose the legal basis for remaining in Türkiye, move to another city, complete university studies, separate from a spouse, sell a business, face financial difficulties or simply decide that continued residence in Türkiye is no longer practical.

The tenant may then assume:

“I am leaving Türkiye, so my rental agreement automatically ends when I leave.”

This assumption can create serious financial problems.

Under Turkish law, physically leaving Türkiye and legally terminating a rental agreement are two different things.

A tenant who leaves the country, moves out of the apartment and even stops using the property may still remain liable for rent unless the lease has been properly terminated or the property has been legally returned to the landlord under the applicable rules.

This is particularly important where the tenant leaves Türkiye permanently and discovers months later that the landlord is demanding:

• unpaid rent;
• common expenses;
• utility charges;
• compensation for early termination;
• interest;
• or deductions from the security deposit.

The principal rules are contained in the Turkish Code of Obligations No. 6098, particularly Articles 325, 331, 334, 335 and, for residential leases, Articles 347 and 348.

The safest legal method depends on whether the foreign tenant is leaving:

1. at the normal end of the lease;
2. during a renewed rental year;
3. before the agreed fixed term expires;
4. because of a serious problem with the property;
5. because of extraordinary circumstances;
6. or by mutual agreement with the landlord.

The distinction is important because the tenant’s continuing financial liability can differ substantially.

Does Leaving Türkiye Automatically Terminate a Rental Agreement?

No.

Leaving Türkiye is a factual event.

Termination of a rental agreement is a legal event.

The Turkish Code of Obligations does not provide a general rule saying:

“If a foreign tenant leaves Türkiye permanently, the lease automatically ends on the departure date.”

A foreign tenant can leave the country while the lease remains legally in force.

This is particularly important because Article 324 of the Turkish Code of Obligations provides that where rented property remains suitable for use, the tenant generally remains responsible for rent even if the property is not used for a reason attributable to the tenant.

Therefore, simply moving back to another country does not, by itself, eliminate the tenant’s contractual obligations.

The correct legal procedure should be followed before or when possession of the property is returned.

Can a Foreign Tenant Terminate the Lease at the End of the One-Year Rental Period?

Yes.

Residential leases are subject to a special rule under Article 347 of the Turkish Code of Obligations.

In a fixed-term residential lease, the tenant may terminate the agreement at the end of the contractual period by giving notice at least 15 days before the end of the lease period.

If the tenant does not give the required notice, the lease is generally considered renewed for another year under the same conditions.

Article 347 expressly provides that the landlord cannot normally terminate merely because the original fixed term has expired, but the tenant retains the right to prevent renewal by giving timely notice.

For example:

A foreign tenant’s lease runs from:

1 October 2025 to 30 September 2026.

The tenant plans to leave Türkiye permanently at the end of September 2026.

If the tenant provides the required termination notice at least fifteen days before the end of the contractual period and properly returns the property, the lease can be terminated at the end of the rental period.

This is generally much safer than silently leaving the property without communication.

Must the Termination Notice Be in Writing?

Yes, for residential and roofed workplace leases.

Article 348 of the Turkish Code of Obligations provides that the validity of a termination notice in residential and roofed workplace leases depends on written form.

Therefore, foreign tenants should avoid relying only on informal verbal conversations such as:

“I told the landlord over coffee that I was leaving.”

or:

“The estate agent knew I was returning home.”

A written record is much safer.

Depending on the circumstances, written notice may be delivered through:

• a notarial notice;
• a signed written document;
• a formally provable electronic communication where legally appropriate;
• or another method creating reliable evidence of both content and delivery.

For important disputes, a notarial notice is often preferable because the tenant can prove exactly what was communicated and when.

What If the Foreign Tenant Wants to Leave Before the Lease Expires?

This is where Article 325 of the Turkish Code of Obligations becomes particularly important.

Article 325 regulates the early return of rented property before the contractual period or termination period has been complied with.

The law provides that if the tenant returns the property before the lease ends, the tenant’s obligations do not necessarily continue until the entire original contract expires.

Instead, the tenant’s obligations continue for a reasonable period during which the property could be rented to another tenant under similar conditions.

This is one of the most important protections for foreign tenants leaving Türkiye early.

For example:

A foreign tenant signs a one-year lease from January to December.

In June, the tenant receives an employment offer in another country and permanently leaves Türkiye.

Six months remain on the written lease.

The landlord cannot necessarily claim all six remaining months automatically.

Under Article 325, the relevant issue is generally how long it would reasonably take to rent the apartment to another tenant under similar conditions.

That period is commonly referred to in Turkish practice as the reasonable re-rental period or makul süre.

What Is the “Reasonable Period” Under Article 325?

The Turkish Code of Obligations does not establish a universal fixed number such as:

• one month;
• two months;
• or three months.

The reasonable period depends on the circumstances of the particular property and rental market.

Relevant factors can include:

• location of the property;
• size and condition of the apartment;
• rental price;
• current demand in the neighborhood;
• whether the landlord actively attempts to re-let the property;
• whether the rent demanded from prospective tenants is reasonable;
• the season;
• characteristics of the property;
• and how quickly comparable properties can ordinarily be rented.

Therefore, internet claims such as:

“If you leave early in Türkiye, you always owe three months’ rent”

are legally overgeneralised.

In one case the reasonable period may be relatively short.

In another case, particularly for a specialised or difficult-to-rent property, it may be longer.

If the parties disagree, the reasonable period may ultimately need to be determined according to the evidence.

Does the Tenant Have to Pay Rent Until the End of the Original Contract?

Not automatically.

This is one of the most important consequences of Article 325.

Suppose:

• monthly rent is TRY 40,000;
• six months remain under the lease;
• the tenant leaves early;
• the property can reasonably be re-let within two months.

The landlord cannot necessarily claim:

TRY 40,000 × 6 = TRY 240,000

simply because six months remained.

The tenant’s potential liability may instead be connected with the reasonable re-rental period, subject to all relevant circumstances and deductions.

Article 325 also imposes obligations on the landlord.

The landlord must deduct:

• expenses avoided because the tenant left;
• benefits obtained by using the property in another way;
• and benefits the landlord deliberately avoided obtaining.

Thus, Turkish law does not permit a landlord to artificially leave an apartment empty and demand unlimited rent from the former tenant where the property could reasonably have been re-let.

What If the Landlord Rents the Apartment to Someone Else Immediately?

The former tenant’s continuing liability can end accordingly.

The landlord cannot ordinarily receive full rent twice for the same period.

For example:

A foreign tenant returns the apartment on 1 June.

The landlord rents it to a new tenant from 15 June.

It would generally be inconsistent with Article 325 for the landlord to demand rent from the former tenant for July, August and September as though the property had remained vacant.

Income actually obtained from re-letting the property must be taken into account.

The same principle applies to benefits the landlord obtains through another use of the property.

Can the Tenant Avoid the Reasonable-Period Liability by Finding a Replacement Tenant?

Yes, and this is one of the most valuable provisions of Article 325.

The law provides that the departing tenant’s rental obligations end before expiration of the reasonable period if the tenant finds a new person who:

• can reasonably be expected to be accepted by the landlord;
• has the ability to pay;
• and is ready to take over the rental relationship.

This means a foreign tenant planning to leave Türkiye early may significantly reduce financial exposure by finding a suitable replacement tenant.

For example:

A foreign tenant tells the landlord:

“I need to leave Türkiye next month. I have found a professional couple willing to take over the apartment at the existing lawful rental conditions. They have sufficient income and are ready to sign immediately.”

If the proposed replacement satisfies the statutory requirements, Article 325 may prevent the landlord from simply rejecting the person without legitimate reason and continuing to demand rent from the departing tenant.

Can the Landlord Refuse Every Replacement Tenant?

The law does not give the departing tenant an unrestricted right to nominate absolutely anyone.

The proposed replacement tenant must be someone whom the landlord can reasonably be expected to accept.

The proposed person should also:

• be financially capable;
• be genuinely willing to take over the lease;
• and be suitable for the relevant rental relationship.

A landlord may have legitimate reasons to reject a proposed replacement in some circumstances.

However, a landlord who simply refuses every financially qualified and suitable candidate in order to keep charging the former tenant may encounter the limitations of Article 325.

For this reason, a foreign tenant should document replacement-tenant proposals in writing.

Useful evidence can include:

• the proposed tenant’s identification;
• employment or income information where appropriate;
• written confirmation that the person is ready to rent;
• proposed takeover date;
• communications sent to the landlord;
• and the landlord’s response.

Is Finding a New Tenant the Same as Subletting the Apartment?

No.

This distinction is important.

Under Article 325, the foreign tenant is not necessarily secretly subletting the apartment.

Instead, the tenant may present a suitable person who is prepared to take over the rental relationship.

The landlord should be informed.

The parties may then enter into a new lease, transfer arrangement or another appropriate written agreement depending on the circumstances.

A departing foreign tenant should not simply hand the apartment to another person without informing the landlord.

That can create a separate dispute concerning unauthorised use or subletting.

Is Mutual Termination the Safest Option?

In many cases, yes.

The cleanest solution is often a written mutual termination and handover agreement between the landlord and foreign tenant.

The parties can agree that:

• the tenancy ends on a specific date;
• keys are returned on that date;
• no further rent will accrue;
• particular utility expenses will be paid;
• the security deposit will be returned;
• a specified amount may be deducted;
• prepaid rent will be reconciled;
• and neither party will have additional claims after performance of the settlement.

This approach can prevent future arguments about the Article 325 reasonable period.

For example, the parties may agree:

“The rental agreement shall terminate by mutual consent on 15 September 2026. The tenant shall return possession and all keys on that date. The landlord accepts termination and shall make no claim for rent after that date.”

Such wording can provide considerably greater certainty than merely handing over the apartment and hoping the landlord considers the contract terminated.

Why Is Key Handover So Important?

Because moving out and legally returning possession are not always the same thing.

A foreign tenant may:

• remove personal belongings;
• fly abroad;
• stop using the apartment;

but still face an argument that possession was never properly returned.

The landlord may later say:

“I never received the keys.”

“The apartment was still under the tenant’s control.”

“The tenant simply disappeared.”

This can create disputes about the date on which the property was returned and therefore the date from which Article 325 should be evaluated.

The tenant should therefore obtain reliable evidence of key delivery and transfer of possession.

The safest method is usually a signed handover protocol.

What Should Be Included in a Key Handover Protocol?

A good handover document may record:

• names of landlord and tenant;
• property address;
• original rental agreement date;
• date and time possession is returned;
• number of keys returned;
• current electricity meter reading;
• water meter reading;
• gas meter reading;
• condition of furniture and appliances;
• condition of walls, floors and fixtures;
• outstanding rent, if any;
• building management charges;
• security deposit amount;
• amount to be refunded;
• bank account for payment;
• and signatures of the parties.

Foreign tenants should preferably obtain a copy immediately.

A document stating simply:

“The landlord received the apartment and all keys on 1 September 2026”

can itself become extremely valuable evidence.

What If the Landlord Refuses to Take the Keys?

The tenant should not simply leave the keys:

• under the door;
• in the mailbox;
• with a neighbor;
• at the reception desk;
• or with an estate agent

without ensuring that the landlord has legally accepted the return or that a formal mechanism has been used to document surrender.

If the landlord refuses to cooperate, the tenant should create formal written evidence and obtain legal advice regarding the appropriate procedure for formally returning possession and documenting the landlord’s refusal.

A notarial notice can be particularly useful to establish:

• that the tenant wishes to terminate;
• when the property is ready for return;
• that all belongings have been removed;
• and that the landlord has been invited to receive possession and keys.

Where the landlord continues refusing to cooperate, further formal legal steps may be necessary.

The tenant should resolve this before leaving Türkiye whenever possible.

Should the Foreign Tenant Take Photos and Videos Before Leaving?

Yes.

Before surrendering possession, the tenant should make a detailed visual record.

Photograph or film:

• every room;
• walls;
• flooring;
• ceilings;
• kitchen;
• bathrooms;
• windows;
• doors;
• furniture;
• appliances;
• balconies;
• meter readings;
• and keys.

This evidence can later protect the foreign tenant against claims such as:

“The apartment was completely destroyed.”

“The furniture was missing.”

“The kitchen was damaged.”

Article 334 of the Turkish Code of Obligations provides that tenants must return the property in the condition in which they received it, but they are not responsible for deterioration arising from normal contractual use.

Therefore, documenting the actual condition can be extremely important.

Must the Landlord Identify Damage When the Apartment Is Returned?

Article 335 provides an important protection.

The landlord must inspect the returned property and immediately notify the tenant in writing of defects or deficiencies for which the tenant is responsible.

If the landlord fails to give this notice, the tenant may be released from liability for defects that could have been detected by ordinary inspection at the time of return.

Hidden defects are treated differently and must be notified once discovered.

For a foreign tenant leaving Türkiye, this rule is especially important.

A tenant should therefore try to complete the handover while both parties are physically present and document any alleged damage immediately.

What Happens to the Security Deposit When the Tenant Leaves Türkiye?

The security deposit must be separately reconciled.

Article 342 limits security in residential and roofed workplace leases to a maximum of three months’ rent and establishes a statutory bank mechanism where monetary security is properly deposited as security.

When the tenancy ends, the landlord may have legitimate claims for:

• unpaid rent;
• unpaid expenses for which the tenant is responsible;
• actual damage arising from improper use;
• and, where applicable, liability arising under Article 325.

However, the landlord cannot automatically keep the entire deposit merely because the foreign tenant left Türkiye early.

The actual debt must be calculated.

For example:

Deposit: TRY 100,000

Reasonable Article 325 liability: TRY 30,000

Proven unpaid utility bill: TRY 5,000

No other debt exists.

The mere fact that the tenant left early would not necessarily justify retaining the remaining balance indefinitely.

Can the Security Deposit Be Used as the Final Month’s Rent?

Not automatically.

Foreign tenants sometimes assume:

“I paid two months as a deposit, so I will simply stop paying the final two months.”

This can create risk.

A security deposit and monthly rent are legally distinct obligations.

Unless the landlord expressly agrees to use the deposit against the final rent, the tenant should generally continue paying rental obligations as they fall due.

Otherwise, the landlord may claim unpaid rent and potentially use legal remedies for default.

The better solution is to agree in writing that part or all of the security will be applied to specified rental amounts.

What Happens to Prepaid Rent?

Some foreign tenants pay:

• six months;
• one year;
• or another extended period

of rent in advance.

If the tenancy later ends early, prepaid rent should be analysed separately from the security deposit.

For example:

A tenant prepays twelve months.

The parties mutually agree after eight months that the tenancy will terminate and that the landlord has no further rental claim.

The question then arises whether the unused prepaid amount must be returned.

The answer depends on:

• the lease;
• termination agreement;
• actual period of occupation;
• Article 325 implications;
• and any lawful set-off claims.

A tenant should therefore ensure that a mutual termination protocol expressly states what happens to prepaid rent.

Does Losing a Residence Permit Automatically Allow Early Termination Without Paying Anything?

Not necessarily.

This is an important point for foreign tenants.

Suppose a foreigner’s Turkish residence permit is:

• rejected;
• cancelled;
• not renewed;
• or otherwise lost.

The foreigner may be required to leave Türkiye.

That immigration development may provide a strong factual reason for ending occupation, but it does not automatically mean that every contractual liability under the rental agreement disappears.

Article 325 may still need to be considered.

Depending on the circumstances, Article 331 concerning extraordinary termination for important reasons may also be relevant.

Article 331 provides that either party may terminate where important circumstances make continuation of the rental relationship intolerable, subject to the statutory notice rules. The judge determines the financial consequences considering the circumstances.

However, a residence permit problem should not automatically be assumed to satisfy Article 331 in every case.

The reason, foreseeability and individual circumstances matter.

Is Leaving Türkiye for a New Job an “Important Reason” Under Article 331?

Not automatically.

A foreigner may obtain:

• a new employment contract abroad;
• an overseas company transfer;
• a university position;
• or another professional opportunity.

These circumstances may explain why the tenant wishes to leave, but Article 331 requires circumstances making continuation of the contractual relationship intolerable.

The provision does not create a universal rule that every job change permits cost-free immediate termination.

Where Article 331 is invoked, the facts must be assessed individually and the financial consequences may ultimately be determined by the court.

For many ordinary voluntary relocations, Article 325 remains the more practically relevant rule.

What If the Apartment Has Serious Defects?

The position may be different where the reason for leaving is attributable to the property or landlord.

Article 301 obliges the landlord to deliver and maintain the rented property in a condition suitable for its agreed use.

Articles 305 and 306 provide remedies where defects arise.

Where a serious defect substantially prevents or restricts the intended use and is not remedied within an appropriate period after the landlord is required to act, termination may become available under Article 306.

Examples might include, depending on severity:

• major structural problems;
• serious water infiltration;
• severe defects making normal habitation impossible;
• prolonged inability to use essential parts of the home;
• or another significant defect attributable to the landlord’s obligations.

In this situation, the tenant’s departure should not simply be analysed as ordinary voluntary early return under Article 325.

The landlord’s breach and the tenant’s statutory rights must also be considered.

Can the Tenant Terminate an Indefinite-Term Rental Agreement?

Yes, subject to the applicable notice rules.

Article 328 provides that in indefinite-term leases, either party may terminate by complying with the statutory termination periods and notice periods unless a longer period has been agreed.

Article 329 states that for immovable property, in the absence of a different local custom, termination may be made for the end of a six-month rental period by observing a three-month notice period.

However, residential leases also involve the special framework under Articles 347 and 348.

The exact lease structure should therefore be examined before calculating the correct termination date.

Can a Foreign Tenant Terminate an Automatically Renewed Residential Lease?

Yes.

A residential lease does not become impossible for the tenant to terminate merely because it has automatically renewed.

Article 347 is designed in part to protect the tenant.

For fixed-term residential leases, the tenant can prevent the next annual renewal by giving the required notice at least fifteen days before the end of the relevant rental period.

If the tenant wishes to leave earlier than that point, Article 325 may become relevant.

Therefore, a foreign tenant in the third or fourth year of an originally one-year lease should not assume:

“My initial one-year contract already expired, so I can leave whenever I want without notice.”

The automatically renewed rental relationship continues to have legal consequences.

Does the Tenant Need the Landlord’s Permission to Leave Türkiye?

No.

A landlord cannot prevent a foreigner from travelling or leaving Türkiye.

However, the landlord can potentially pursue contractual claims if the tenant fails to terminate or return the property properly.

The tenant is free to leave the country.

The legal issue is whether the tenant has properly ended the rental relationship and satisfied the financial consequences of doing so.

Can the Landlord Demand a Contractual “Early Termination Penalty”?

Any contractual penalty must be carefully examined.

Article 334 provides that a tenant cannot validly undertake in advance to pay an additional amount upon termination beyond compensation for damage arising from contractual misuse of the property in the circumstances covered by that provision.

Residential tenancy law also contains various mandatory rules protecting tenants.

Accordingly, a clause stating:

“If the foreign tenant leaves Türkiye early for any reason, the tenant automatically loses six months’ rent and the entire deposit”

should not be assumed automatically enforceable simply because it appears in the lease.

The clause must be assessed in light of mandatory Turkish tenancy provisions and the actual legal nature of the claimed amount.

What If the Landlord Says the Tenant Must Pay Until a New Tenant Is Found?

That statement is incomplete.

Article 325 does not simply say:

“The old tenant pays forever until the landlord chooses another tenant.”

It refers to the reasonable period in which the property could be rented under similar conditions.

Furthermore, the landlord must deduct benefits and savings and cannot deliberately avoid obtaining benefits while continuing to charge the former tenant.

Therefore, a landlord should not be able to:

• demand an unrealistically high new rent;
• refuse all reasonable candidates;
• make no meaningful attempt to rent the apartment;
• keep the property vacant for personal convenience;
• and then charge the former tenant indefinitely.

The factual conduct of both parties may become relevant.

What If the Tenant Finds a Replacement but the Landlord Wants a Much Higher Rent?

This can create a dispute.

Article 325 refers to a replacement tenant ready to take over the rental relationship and suitable for acceptance.

Suppose the departing tenant is paying TRY 30,000.

A suitable replacement is willing to take over at the legally applicable rental conditions.

The landlord refuses because the landlord wants TRY 60,000 from the next tenant.

The landlord’s conduct may become relevant when determining whether continuing losses can fairly be attributed to the departing tenant.

The outgoing tenant should preserve all evidence showing:

• who the replacement was;
• financial suitability;
• willingness to rent;
• proposed date;
• offered rental conditions;
• and the landlord’s reason for refusal.

What Should the Foreign Tenant Do with Electricity, Water, Gas and Internet Contracts?

Before leaving Türkiye, the tenant should close or transfer personal service subscriptions where appropriate.

This may include:

• electricity;
• water;
• natural gas;
• internet;
• television services;
• and other utilities.

The tenant should obtain:

• final invoices;
• termination confirmation;
• payment receipts;
• and final meter readings.

This prevents later disputes regarding charges accruing after departure.

If subscriptions remain in the tenant’s name after a new occupant moves in, future billing disputes may become difficult to resolve from abroad.

What About Building or Site Management Fees?

The tenant should also obtain a statement from the apartment or site management where applicable.

The statement should identify:

• ordinary monthly dues;
• unpaid balances;
• extraordinary expenses;
• and the date through which the tenant is responsible.

Not every condominium expense is automatically a tenant obligation.

The nature of the charge and lease terms may matter.

Nevertheless, resolving building charges before leaving can prevent the landlord from later claiming vague deductions from the security deposit.

Should the Tenant Deregister the Address After Leaving?

The rental agreement and immigration/address-registration obligations are legally separate, but the tenant should ensure that official address records accurately reflect the changed situation where a notification obligation applies.

A foreigner who permanently leaves an apartment should not intentionally continue using that address as though still resident there.

Likewise, a landlord should not be expected to tolerate inaccurate official address information indefinitely.

The tenant’s immigration and population-registration obligations should therefore be reviewed separately when leaving Türkiye.

Can a Foreign Tenant Complete the Termination Process from Abroad?

Potentially yes, but it is much easier to resolve the key issues before departure.

A foreign tenant who has already left Türkiye can potentially appoint a Turkish lawyer through an appropriately issued power of attorney and handle matters such as:

• sending a formal notice;
• negotiating with the landlord;
• attending mandatory mediation through authorised representation where permitted;
• recovering the deposit;
• responding to enforcement proceedings;
• or bringing legal proceedings.

Depending on the country in which the power of attorney is issued, consular certification, apostille or other formalities may apply.

However, physically returning the keys becomes more complicated after departure.

For that reason, the tenant should ideally complete possession and key handover before boarding the flight.

Is Mandatory Mediation Required If a Dispute Arises?

For most court disputes arising from rental relationships, yes.

Since 1 September 2023, rental disputes have generally been subject to mandatory mediation before filing a lawsuit.

Article 18/B of Law No. 6325 provides that disputes arising from rental relationships are subject to mandatory pre-litigation mediation, except for the statutory summary eviction route through enforcement proceedings.

This includes many disputes concerning:

• early termination liability;
• security deposit refunds;
• unpaid rent;
• compensation;
• and other claims arising from the tenancy.

If the landlord and departing foreign tenant disagree about Article 325 liability, mediation can be a practical opportunity to settle the matter.

What Can Be Agreed in Mediation?

The parties can potentially agree on a complete termination package.

For example:

Termination date: 1 October 2026

Article 325 compensation: one month’s rent

Security deposit: refunded after deduction of agreed utility bill

Prepaid rent: unused balance returned

Keys: accepted on the termination date

Future claims: parties release each other after payments are completed

This can provide much more certainty for a foreign tenant leaving Türkiye than continuing a dispute from another country.

Which Court Handles a Rental Termination Dispute?

Disputes arising from rental relationships are generally heard by the Civil Court of Peace (Sulh Hukuk Mahkemesi) under Turkish procedural law.

Depending on the exact dispute, other enforcement procedures may also become relevant.

For example, a landlord may begin enforcement proceedings for alleged unpaid rent.

A former tenant may pursue recovery of an unpaid deposit.

The correct procedure depends on the nature of the claim.

Foreign tenants should never ignore Turkish court or enforcement documents received after leaving the country.

Missing objection or response deadlines can substantially weaken an otherwise valid defence.

Practical Example 1: Tenant Leaves at the End of the Lease

A foreign tenant’s one-year rental period ends on 30 September.

The tenant gives written notice more than fifteen days beforehand, pays all rent, closes utilities and returns the apartment and keys on 30 September.

This is generally the clearest type of termination.

Article 347 allows the tenant to prevent automatic renewal through timely notice.

Practical Example 2: Tenant Leaves Six Months Early

A foreign tenant has six months remaining but receives a permanent overseas job.

The tenant returns the apartment immediately.

The lease does not automatically disappear.

Article 325 applies.

The tenant may remain responsible for obligations during the reasonable period required to re-let the property under similar conditions, rather than automatically being responsible for all six remaining months.

Practical Example 3: Tenant Finds a Suitable Replacement

A foreign tenant must leave Türkiye with four months remaining.

Before leaving, the tenant finds another person who:

• has stable employment;
• can afford the rent;
• wants the apartment immediately;
• and is prepared to take over the rental relationship.

The tenant gives the candidate’s information to the landlord.

If the person satisfies Article 325, the outgoing tenant may be released from continuing obligations even before expiry of the ordinary reasonable re-rental period.

Practical Example 4: Landlord Rents the Apartment One Week Later

The foreign tenant returns the property early.

The landlord rents it to another tenant one week later.

The landlord then asks the former foreign tenant for another three months of rent.

The landlord’s new rental income must be taken into account under Article 325.

The landlord cannot generally treat the apartment as both rented and vacant for the same period.

Practical Example 5: Tenant Simply Leaves the Keys with the Concierge

A foreign tenant packs belongings, leaves the keys with the apartment concierge and flies abroad.

The landlord later claims:

“I never accepted possession.”

This can create a serious evidentiary dispute.

The tenant should instead document delivery directly or use an appropriate formal procedure if the landlord refuses to cooperate.

Practical Example 6: Landlord and Tenant Sign a Mutual Termination Protocol

The tenant must permanently leave Türkiye.

The parties sign a document stating:

• lease ends on 15 September;
• landlord accepts all keys;
• tenant owes no rent after 15 September;
• TRY 10,000 will be deducted for a documented bill;
• remaining security deposit will be refunded within five days.

This is generally far safer than leaving the consequences of early termination unresolved.

Frequently Asked Questions About Ending a Turkish Lease Before Leaving Türkiye

Does my lease automatically end if I leave Türkiye?

No. Departure from Türkiye and termination of the rental agreement are separate legal matters.

My lease ends next month. How do I stop it from renewing?

For a fixed-term residential lease, the tenant should provide written notice at least 15 days before the end of the rental period under Article 347.

Do I have to give notice in writing?

Yes. Article 348 requires written termination notice for residential and roofed workplace leases.

What if I leave before the contract expires?

Article 325 generally provides that rental obligations continue for the reasonable period during which the property could be re-let under similar conditions.

Do I automatically owe all remaining months?

No. Article 325 does not automatically impose liability for the entire remaining fixed term.

How many months is the reasonable period?

There is no universal statutory number. It depends on how long the particular property could reasonably take to re-let under similar conditions.

Can I find a new tenant instead?

Yes. If you provide a financially capable, suitable replacement who is ready to take over the rental relationship, Article 325 may end your continuing liability earlier.

Can the landlord reject my replacement tenant?

The landlord may reject a candidate for legitimate reasons, but Article 325 requires consideration of whether the candidate is someone whom the landlord can reasonably be expected to accept.

What if the landlord re-rents the apartment immediately?

Income from the new rental must be taken into account. The landlord cannot ordinarily collect overlapping compensation for the same period.

Can the landlord keep my entire deposit because I left early?

Not automatically. The landlord must identify the actual legally recoverable amounts.

Should I use my deposit as the last month’s rent?

Only if this is clearly agreed with the landlord. Otherwise, the deposit and rental payments should be treated separately.

What happens if my Turkish residence permit is cancelled?

That may explain why you need to leave, but it does not automatically extinguish the rental contract. Articles 325 and potentially 331 must be considered according to the circumstances.

Can I terminate because the apartment is seriously defective?

Potentially. Article 306 provides termination rights in cases involving serious defects that substantially prevent intended use and are not remedied under the statutory procedure.

Do I need to return the keys personally?

What matters is obtaining reliable proof that possession and keys were properly returned. A signed handover protocol is strongly recommended.

Can I pursue my deposit after returning abroad?

Yes. Leaving Türkiye does not extinguish contractual claims.

Is mediation mandatory?

Most rental disputes are subject to mandatory mediation before litigation under Article 18/B of Law No. 6325.

Checklist for a Foreign Tenant Before Leaving Türkiye

A foreign tenant planning to leave Türkiye should ideally complete the following steps before departure:

1. Read the lease carefully.

Identify the commencement date, fixed term, renewal date and special clauses.

2. Determine whether the departure is at the end of the rental year or early.

This determines whether Article 347 or Article 325 becomes particularly important.

3. Send written notice.

Do not rely solely on oral communication.

4. Try to negotiate mutual termination.

A clear written agreement can eliminate uncertainty.

5. If leaving early, consider finding a suitable replacement tenant.

Document the candidate and the landlord’s response.

6. Pay all undisputed rental obligations.

Avoid creating a separate rent-default dispute.

7. Close utilities and obtain final statements.

Keep copies.

8. Obtain the building-management account statement.

Identify outstanding dues.

9. Photograph and video the apartment.

Record its condition immediately before return.

10. Prepare a key handover protocol.

Record the exact date of possession transfer.

11. Ask the landlord to identify any alleged damage immediately.

Article 335 makes timely defect notification important.

12. Reconcile the security deposit.

State how much will be refunded and when.

13. Reconcile prepaid rent.

Do not leave large advance payments unresolved.

14. Keep copies of everything after leaving Türkiye.

Rental contract, notices, receipts, photos, messages and handover records may later be needed.

Conclusion: Leaving Türkiye Does Not Automatically End a Rental Agreement

A foreign tenant planning to leave Türkiye should not treat physical departure as automatic termination of the lease.

The rental relationship must be legally resolved.

Where the tenant leaves at the ordinary end of a fixed-term residential lease, Article 347 allows the tenant to prevent renewal by giving written notice at least fifteen days before the end of the rental period.

Where the tenant leaves before the contractual period or applicable termination period, Article 325 becomes critically important.

The foreign tenant does not necessarily remain responsible for every month remaining in the written contract.

Instead, obligations generally continue during the reasonable period in which the apartment could be rented to another person under similar conditions.

This creates an important balance between landlord and tenant.

The tenant cannot simply disappear and assume that all rental obligations have ended.

But the landlord cannot automatically claim every remaining month of rent regardless of whether the property could quickly be re-let.

Article 325 also gives the departing tenant an important opportunity to limit liability.

If the tenant finds a person who:

• can reasonably be accepted by the landlord;
• has the ability to pay;
• and is ready to take over the rental relationship,

the outgoing tenant’s obligations can end before the ordinary reasonable period expires.

The landlord also has legal obligations.

Expenses avoided because of the tenant’s departure and benefits obtained—or deliberately avoided—from another use of the property must be taken into account.

For foreign tenants, the practical aspects are just as important as the substantive law.

A tenant should not leave Türkiye without reliable evidence showing:

when the lease was terminated,

when the apartment was returned,

when the keys were delivered,

what condition the apartment was in,

what rent remained payable,

what happened to prepaid rent,

and

what amount of security deposit must be returned.

The safest option is usually a written mutual termination and handover protocol.

Where agreement cannot be reached, the tenant should provide formal written notice and carefully document the surrender of the property.

A tenant should never assume that leaving the keys with a concierge, neighbor or estate agent automatically establishes legal return to the landlord.

The condition of the property must also be documented.

Article 334 makes clear that the tenant is not liable for ordinary deterioration resulting from proper contractual use, while Article 335 requires the landlord to inspect the returned property and immediately notify the tenant of observable defects for which the tenant is allegedly responsible.

Security deposits should also be settled separately.

Leaving the apartment early does not automatically entitle the landlord to confiscate the entire deposit.

Any Article 325 liability, unpaid rent, legitimate expenses or proven damage should be calculated and the remaining balance returned.

Where the reason for leaving Türkiye is unusual—such as loss of immigration status, serious personal circumstances or another event making continuation genuinely intolerable—Article 331 concerning important reasons may also require consideration. However, the financial consequences depend on the individual circumstances and should not be assumed to disappear automatically.

If a dispute arises after departure, the foreign tenant does not lose legal rights merely because he or she is no longer physically present in Türkiye.

A lawyer in Türkiye may potentially deal with:

• landlord negotiations;
• formal notices;
• security deposit claims;
• early termination disputes;
• mediation;
• enforcement proceedings;
• and litigation

through an appropriately issued power of attorney.

Since 1 September 2023, most disputes arising from rental relationships must first pass through mandatory mediation before a lawsuit is filed, except for the specific statutory summary eviction procedure through enforcement law.

The key principle is therefore simple:

Do not simply leave Türkiye and abandon the apartment. Legally close the rental relationship before you leave.

A few properly documented steps before departure can prevent months of rent claims, deposit disputes and litigation after the foreign tenant has already returned home.

Legal Basis

The principal provisions of Turkish law relevant to a foreign tenant terminating a rental agreement before leaving Türkiye include:

Turkish Code of Obligations No. 6098

• Article 301 – Landlord’s obligation to maintain the property in a condition suitable for contractual use
• Articles 305–306 – Tenant’s rights where defects affect use of the property
• Article 313 – Obligation to pay rent
• Article 324 – Rent liability where the property is not used for a reason attributable to the tenant
• Article 325 – Early return of the leased property and the reasonable re-rental period
• Article 326 – Prohibition on advance waiver of set-off rights
• Articles 328–329 – Termination periods for indefinite leases
• Article 331 – Extraordinary termination for important reasons
• Article 334 – Return of the leased property and ordinary wear and tear
• Article 335 – Landlord’s obligation to inspect and immediately notify defects
• Article 342 – Security deposits in residential leases
• Article 347 – Termination and renewal of residential and roofed workplace leases
• Article 348 – Written-form requirement for termination notices

Law No. 6325 on Mediation in Civil Disputes

• Article 18/B – Mandatory mediation for disputes arising from rental relationships, excluding the statutory summary eviction procedure through enforcement law.

Core Legal Principle

For a foreign tenant leaving Türkiye before the end of the rental period, Article 325 is usually the central provision.

The tenant’s liability does not automatically continue throughout every remaining month of the written contract. Instead, it generally continues for the reasonable period necessary to re-let the property under similar conditions, subject to the statutory rules concerning a suitable replacement tenant and benefits or savings obtained by the landlord.

Disclaimer: This article provides general information concerning Turkish residential tenancy law and does not constitute legal advice for a specific rental agreement. Early termination consequences depend on the rental contract, remaining lease term, property, local rental market, reason for departure, key handover, security deposit and conduct of the landlord and tenant.