Introduction to Rental Dispute Mediation in Turkey
Rental dispute mediation in Turkey has become a mandatory preliminary stage for a wide range of disputes between landlords and tenants. Since 1 September 2023, parties involved in most disputes arising from residential and commercial lease relationships must apply to mediation before filing a lawsuit before the competent Turkish court.
This legal requirement was introduced through Law No. 7445, which amended Law No. 6325 on Mediation in Civil Disputes. Under Article 18/B of Law No. 6325, disputes arising from rental relationships are generally subject to mandatory mediation as a condition of action. The principal statutory exception concerns proceedings for the eviction of rented immovable property through non-judicial enforcement procedures under the Turkish Enforcement and Bankruptcy Law.
Mandatory rental mediation applies to many common disputes, including eviction lawsuits, rent determination actions, rent adjustment claims, unpaid rent disputes, deposit claims, disputes over maintenance and repair obligations, compensation for damage to rented property and disagreements concerning common expenses.
The introduction of mandatory mediation reflects the growing number of rental disputes in Turkey and the need for a faster and more flexible dispute resolution mechanism. Court proceedings involving rent, eviction and tenancy claims may continue for a considerable period, particularly where expert examinations, property inspections or appellate review are required. Mediation offers landlords and tenants an opportunity to resolve their disagreement without waiting for a final court judgment.
However, mandatory mediation does not require the parties to reach an agreement. The legal obligation is to apply to mediation and complete the statutory process before litigation. A landlord cannot be forced to abandon an eviction claim, and a tenant cannot be compelled to accept a rent increase or waive legal protections.
This guide explains the scope of rental dispute mediation in Turkey, the claims requiring mediation, important exceptions, procedural steps, settlement agreements and the role of a Turkish rental dispute lawyer.
What Is Rental Dispute Mediation?
Rental dispute mediation is a confidential negotiation process conducted with the assistance of an independent and impartial mediator registered with the Turkish Ministry of Justice.
The mediator does not act as a judge and does not decide whether the landlord or tenant is legally correct. The mediator cannot impose a rent amount, order eviction or determine compensation.
Instead, the mediator assists the parties in identifying the disputed issues and negotiating a mutually acceptable solution.
During rental mediation, the parties may agree on matters such as:
- A new monthly rent;
- The effective date of a rent increase;
- Payment of overdue rent;
- An instalment schedule;
- A voluntary eviction date;
- Return of the security deposit;
- Repair of damage to the property;
- Payment of maintenance expenses;
- Allocation of common expenses;
- Termination of the lease;
- Renewal of the lease;
- Withdrawal of court or enforcement proceedings;
- Payment of lawyers’ fees and expenses.
The flexibility of mediation is one of its principal advantages. A court may generally accept or reject a legal claim within the limits of the requested remedy. Mediation allows parties to design a broader commercial or practical arrangement.
For example, a landlord may accept a delayed eviction date in return for an agreed rent increase and payment of arrears. A tenant may agree to leave the property voluntarily if the landlord returns the deposit and waives certain repair claims.
Is Mediation Mandatory for Rental Disputes in Turkey?
Mediation is mandatory for most disputes arising from rental relationships.
Under Article 18/B of Law No. 6325, a party must apply to a mediator before filing a lawsuit concerning a rental dispute. The rule has applied to lawsuits filed on or after 1 September 2023. It does not retroactively apply to cases that were already pending before courts, regional appellate courts or the Court of Cassation when the provision entered into force.
Mandatory mediation is described as a condition of action. This means that the court cannot examine the substance of the dispute unless the claimant has first completed the mediation stage.
Where a landlord or tenant files a lawsuit without applying to mediation, the court may dismiss the case on procedural grounds without examining whether the underlying claim is justified.
There is an important distinction between two situations:
- The claimant never applied to mediation before filing the lawsuit.
- The claimant completed mediation but failed to attach the final report to the statement of claim.
Where no mediation application was made at all, the deficiency generally cannot be corrected simply by starting mediation after the lawsuit has been filed.
Where the process was completed but the final report was not attached, the court may allow the claimant a definitive period to submit the document in accordance with the applicable procedural rules.
Which Rental Disputes Require Mandatory Mediation?
The statutory wording is broad and covers disputes arising from the rental relationship. The legal nature of the claim and the procedure selected by the claimant must nevertheless be reviewed carefully.
Eviction Lawsuits
Most court-based eviction lawsuits are subject to mandatory mediation.
A landlord seeking eviction must generally apply to mediation before filing the lawsuit, regardless of whether the claim concerns residential or commercial property.
Common eviction grounds include:
- The landlord’s personal housing need;
- The landlord’s business need;
- The housing or workplace need of the landlord’s spouse, descendants, ascendants or other legally protected dependants;
- The need of a new property owner;
- Reconstruction or substantial renovation;
- Two justified written notices due to non-payment;
- Breach of the lease agreement;
- An enforceable written evacuation undertaking;
- Expiry of the statutory extension period;
- The tenant or spouse owning another suitable residence;
- Unlawful use of the property.
Each ground has its own substantive and procedural requirements. Mandatory mediation does not extend or replace the statutory time limits applicable to the particular eviction action.
Eviction Based on the Landlord’s Need
A landlord may seek eviction where the rented property is genuinely required for the landlord’s own residence or workplace, or for certain close family members recognised by the Turkish Code of Obligations.
Before filing a need-based eviction action, the landlord must complete mandatory mediation.
During the mediation process, the tenant may question whether the alleged need is genuine, sincere and necessary. The parties may nevertheless negotiate a voluntary departure date.
A settlement may include:
- A defined eviction date;
- Continued payment of rent until departure;
- Waiver of part of the rent;
- Payment of moving expenses;
- Early return of the deposit;
- Delivery of the property in a specified condition;
- Consequences of failing to leave on time.
The landlord should avoid relying solely on a general statement that the tenant will leave “as soon as possible.” An enforceable settlement should specify the property, delivery date and obligations of both parties.
Eviction Based on the New Owner’s Need
A person who purchases a rented property may, subject to statutory conditions, request eviction based on personal or family need.
The new owner must comply with the notice and filing periods prescribed by law. Applying to mediation does not eliminate these obligations.
The mediation application should be made early enough to avoid missing the deadline for the eviction lawsuit.
Eviction for Reconstruction or Major Renovation
A landlord may seek eviction where substantial reconstruction, enlargement, alteration or repair makes continued occupation impossible.
Such claims may require technical documents, architectural projects, permits or expert evidence.
Mediation may allow the parties to negotiate temporary departure, alternative accommodation, termination compensation or a future right to lease the renovated property.
Eviction Based on Two Justified Notices
A landlord may have a statutory right to seek eviction where the tenant causes the landlord to issue two justified payment notices during the relevant rental period.
The landlord must satisfy the legal requirements concerning the number, timing and justification of the notices.
Before filing the eviction lawsuit, mandatory mediation must generally be completed.
Eviction Based on an Evacuation Undertaking
A written evacuation undertaking may allow a landlord to request eviction where the tenant fails to leave on the promised date.
The validity of the undertaking may be disputed on grounds such as:
- It was signed at the same time as the lease;
- The date was inserted later;
- The tenant’s signature is denied;
- The undertaking was obtained under pressure;
- The signer lacked authority;
- The property is not sufficiently identified.
A court action based on the undertaking generally requires prior mediation. However, where the landlord follows the specific non-judicial enforcement route provided under the Enforcement and Bankruptcy Law, the statutory exception may apply.
The Non-Judicial Eviction Exception
The most important exception to mandatory rental mediation concerns eviction through non-judicial enforcement proceedings under the Enforcement and Bankruptcy Law.
Article 18/B excludes proceedings involving the eviction of rented immovable property through the relevant non-judicial enforcement procedures.
This exception may be relevant where the landlord initiates enforcement based on:
- Non-payment of rent;
- Expiry of the date contained in a written evacuation undertaking;
- Other circumstances specifically regulated by enforcement law.
However, the exception should not be interpreted as applying to every dispute involving unpaid rent or eviction.
The distinction depends on the legal remedy selected:
- A lawsuit before the civil court will generally require mediation.
- A qualifying non-judicial eviction proceeding through the enforcement office may fall outside the requirement.
If the tenant objects and the dispute later turns into a court action, the applicability of mediation must be assessed according to the legal character of the subsequent claim.
The correct procedural route should be selected before action is taken. An incorrect route may cause loss of time and procedural objections.
Rent Determination Lawsuits
A rent determination action seeks judicial determination of the rent payable for a new rental period.
These actions are common where the parties cannot agree on the amount of the rent increase.
Before filing a rent determination lawsuit, the claimant must apply to mediation.
The parties may discuss:
- The current monthly rent;
- The duration of the lease;
- Statutory rent increase limits;
- Consumer price index figures;
- Comparable rental values;
- The location and condition of the property;
- Improvements made by the tenant;
- Previous rent increases;
- The date from which the new rent will apply.
Five-Year Rental Periods
After the lease relationship has continued for the period specified under Turkish law, market rental values and equitable considerations may become more significant in determining the new rent.
The court may examine comparable properties and obtain an expert report. The age, location, size, condition and characteristics of the rented property may affect the result.
Mediation allows the parties to avoid the uncertainty associated with expert valuation. They may agree on a new rent, a gradual increase or a revised long-term lease.
Effective Date of the New Rent
A significant issue in rent determination cases is whether the court-determined rent will apply from the beginning of the relevant rental period.
The timing and content of notices, contractual provisions and filing date may affect the result.
A mediation application does not automatically cure the failure to comply with the substantive notice requirements governing retroactive application.
For this reason, landlords should not assume that mandatory mediation alone preserves every right concerning the effective date of the rent.
Rent Adjustment Claims
Rent adjustment differs from ordinary rent determination.
An adjustment claim may arise where extraordinary and unforeseeable changes make continued performance under the existing terms excessively burdensome for one party.
The claimant may rely on concepts such as hardship, disruption of contractual balance or extraordinary economic circumstances.
Before filing a rent adjustment lawsuit arising from the lease relationship, the party must complete mediation.
Factors discussed in mediation may include:
- Unexpected inflation;
- Extraordinary currency fluctuations;
- Severe economic changes;
- Long-term commercial lease conditions;
- Changes in the intended use of the property;
- Regulatory measures;
- Whether the circumstances were foreseeable;
- Whether the contractual risk was allocated to one party.
The court’s power to adjust a contract is exceptional. Mediation therefore offers a valuable opportunity to renegotiate the lease without requiring the court to intervene.
Unpaid Rent Claims
Disputes over unpaid rent are also within the broad scope of rental mediation when pursued through a lawsuit.
A landlord may claim:
- Monthly rent arrears;
- Rent differences;
- Contractual increases;
- Interest;
- Utility costs;
- Common expenses payable by the tenant;
- Compensation for continued occupation;
- Penalties, where legally valid.
The tenant may argue:
- Rent was paid;
- The payment was made in cash;
- The amount was set off against expenses;
- The property was defective;
- The rent increase was invalid;
- The landlord refused payment;
- The tenant had a right to reduce the rent;
- The debt belongs to another period or person.
Mediation may result in:
- Immediate payment;
- Payment by instalments;
- Waiver of part of the interest;
- Continuation of the lease;
- Voluntary termination;
- Eviction upon completion of an agreed schedule;
- Provision of security.
Where the landlord chooses a non-judicial enforcement procedure for rent arrears, the mandatory mediation exception must be evaluated separately.
Deposit Claims
Security deposit disputes are among the most common landlord-tenant disagreements.
A tenant may seek return of the deposit after leaving the property. The landlord may refuse repayment on the grounds of damage, unpaid rent, unpaid bills or missing fixtures.
A lawsuit concerning return of the deposit generally requires mandatory mediation.
Issues Commonly Raised in Deposit Disputes
The parties may disagree about:
- The amount of the deposit;
- Whether the deposit was paid in cash or through a bank;
- The currency of payment;
- Whether the deposit was legally held;
- Damage to the property;
- Normal wear and tear;
- Unpaid utility bills;
- Unpaid common expenses;
- Missing keys, furniture or appliances;
- Cleaning expenses;
- Interest accrued on the deposit;
- The date on which repayment became due.
Normal Wear and Tear
A tenant is not generally responsible for deterioration resulting from normal and proper use of the property.
However, the tenant may be liable for damage exceeding ordinary wear and tear.
The distinction may require photographs, delivery records, invoices, expert examination and witness evidence.
Examples of ordinary wear may include reasonable fading of paint or minor deterioration caused by normal occupation.
Examples of potentially compensable damage may include broken fixtures, unauthorised structural alterations, significant damage to flooring or removal of items belonging to the landlord.
Evidence in Deposit Disputes
Both parties should preserve:
- The lease agreement;
- Bank transfer receipts;
- The entry inspection report;
- The exit inspection report;
- Photographs and videos;
- Written correspondence;
- Repair invoices;
- Utility bills;
- Records of key delivery;
- Witness information.
A detailed delivery protocol signed when the tenant leaves can prevent later disputes.
Damage to the Rented Property
A landlord may seek compensation for damage allegedly caused by the tenant.
Such claims are generally subject to mandatory mediation before litigation.
The landlord may claim compensation for:
- Broken fixtures;
- Damaged doors or windows;
- Unlawful alterations;
- Missing furniture;
- Damage caused by unauthorised use;
- Failure to perform contractual maintenance;
- Restoration costs;
- Loss of rent during repairs.
The tenant may argue that:
- The damage existed before the lease;
- It resulted from age or structural defects;
- The landlord failed to maintain the property;
- The amount claimed is excessive;
- The work constitutes improvement rather than repair;
- The landlord has no invoice or proof of payment.
Mediation may include an agreement for the tenant to carry out repairs, pay a defined amount or allow the deposit to be offset against the damage.
Maintenance and Repair Disputes
Turkish rental law divides maintenance and repair obligations between the landlord and tenant according to the nature of the obligation, statutory provisions and the lease agreement.
Disputes may concern:
- Structural repairs;
- Plumbing problems;
- Heating systems;
- Roof leaks;
- Electrical installations;
- Painting;
- Boiler maintenance;
- Elevator expenses;
- Replacement of fixtures;
- Damage caused by the tenant;
- Necessary improvements.
A tenant may claim that the landlord failed to maintain the property in a condition suitable for the agreed use.
A landlord may claim that the tenant failed to carry out ordinary maintenance or caused the defect.
These disputes generally require mediation before a lawsuit is filed.
The parties may agree on:
- Who will organise the repair;
- The deadline for completion;
- Cost sharing;
- Temporary rent reduction;
- Reimbursement;
- Termination of the lease;
- Alternative accommodation.
Common Expenses and Service Charges
Disputes concerning building expenses may arise under rental law, condominium law or both.
Common issues include:
- Building management fees;
- Heating expenses;
- Security services;
- Cleaning expenses;
- Elevator maintenance;
- Major building repairs;
- Reserve funds;
- Previous unpaid balances.
The legal responsibility may depend on the nature of the expense.
Ordinary usage-related expenses may be allocated differently from expenses connected to ownership, structural improvements or major repairs.
A landlord may initially pay an amount to the building management and later seek reimbursement from the tenant. A tenant may dispute the amount or argue that it belongs to the owner.
Where the dispute arises from the lease relationship, mandatory rental mediation generally applies. Disputes arising directly under the Condominium Law are also independently subject to mandatory mediation under Article 18/B.
Commercial Lease Disputes
Mandatory rental mediation applies not only to residential leases but also to commercial leases.
Commercial lease disputes may involve:
- Shops;
- Offices;
- Warehouses;
- Factories;
- Restaurants;
- Hotels;
- Clinics;
- Shopping centre units;
- Logistics facilities;
- Industrial premises.
The parties may dispute:
- Rent increases;
- Turnover rent;
- Foreign-currency rent;
- Common area charges;
- Marketing fees;
- Renovation obligations;
- Business interruption;
- Subleasing;
- Change of business activity;
- Early termination;
- Restoration of the premises;
- Transfer of the lease.
Commercial mediation may offer solutions that a court would not ordinarily design, such as turnover-based rent, temporary rent reductions, extension of the lease term or revised fit-out obligations.
How to Apply for Rental Dispute Mediation
Applications are generally made to the mediation office located at the courthouse.
Where there is no separate mediation office, the application is processed by the civil court registry designated to act as the mediation office. The Ministry of Justice confirms that applications for mandatory mediation are made through courthouse mediation offices or the designated registry where no separate office exists.
The application should normally be made to the office within the jurisdiction of the competent court.
The applicant should provide:
- Full identification of the landlord and tenant;
- Turkish identity or tax numbers, where available;
- Current addresses;
- Telephone and email information;
- The address of the rented property;
- The date of the lease;
- The type of dispute;
- The amount claimed;
- Relevant notices;
- Information about existing enforcement proceedings;
- The requested outcome.
Correct identification of the opposing party is essential.
Where the property is jointly owned, the role of each owner must be assessed. Where the tenant is a company, the exact registered company name should be used rather than only the business name displayed at the property.
Appointment of the Mediator
The mediation office appoints a mediator from the official register.
The parties may jointly agree on a particular registered mediator. The official system permits party selection where both sides agree on a mediator listed in the register.
After appointment, the mediator contacts the parties and schedules the meeting.
Meetings may take place:
- In person;
- Online;
- Through video conference;
- In joint sessions;
- In separate private sessions.
The parties may participate personally or through authorised lawyers. A lawyer representing a party should hold the required authority for mediation and settlement.
Duration of Rental Mediation
Under the general rules applicable to the disputes covered by Article 18/B, the mediator must conclude the process within the statutory period calculated from the date of appointment. A limited extension may be available where necessary.
The process may end because:
- The parties reach a full settlement;
- The parties reach a partial settlement;
- No agreement is reached;
- A party refuses to continue;
- A party cannot be contacted;
- A party fails to attend;
- The mediator determines that continuation is impossible.
A final report is prepared at the end of the process.
Effect on Limitation and Filing Periods
The period between the commencement and completion of mediation is treated specially for limitation and forfeiture purposes under Turkish mediation law.
However, the protection offered by mediation should not be treated as a substitute for careful deadline management.
Rental law includes strict periods for some claims, including:
- Need-based eviction actions;
- Claims based on a new owner’s need;
- Eviction based on two justified notices;
- Proceedings based on an evacuation undertaking;
- Rent determination claims;
- Contractual notice obligations.
The mediation application should be filed early enough to preserve the right to bring the substantive action.
Failure to Attend the Mediation Meeting
A party who fails to attend the first meeting without a valid excuse may face adverse consequences concerning litigation expenses and statutory lawyers’ fees in later court proceedings.
The current legal effect must be assessed according to the wording of the legislation applicable at the time of the dispute.
A landlord or tenant should therefore not ignore an invitation from a mediator.
Where attendance is impossible, the party should inform the mediator and consider participation through an authorised lawyer.
Failure to attend does not allow the mediator to impose a settlement. The process may be terminated, and the claimant may proceed to court after receiving the final report.
Confidentiality in Rental Mediation
Rental mediation is confidential.
The confidentiality principle generally protects:
- Settlement proposals;
- Statements made solely during negotiations;
- Admissions made for settlement purposes;
- Private financial information;
- Property-related documents;
- Reasons for a proposed eviction;
- Concessions concerning rent or deposit;
- Draft settlement terms.
The parties and mediator may not freely disclose confidential mediation information.
This protection allows a landlord to make a reduced payment proposal without admitting liability and allows a tenant to offer a departure date without accepting that the eviction claim is legally justified.
Documents that existed independently before mediation do not become unusable merely because they were presented during the process.
Drafting a Rental Mediation Settlement Agreement
A settlement agreement should be clear, detailed and capable of enforcement.
The agreement should include:
- Full identification of the parties;
- The complete address of the property;
- The lease date;
- The nature of the dispute;
- The settlement amount;
- Payment dates;
- The agreed rent;
- The effective date of the new rent;
- The eviction or delivery date;
- Deposit arrangements;
- Repair obligations;
- Utility and common expense responsibilities;
- Default consequences;
- Withdrawal of proceedings;
- Allocation of costs;
- The scope of release.
Settlement Agreements Concerning Eviction
An eviction settlement should specify:
- The exact property;
- The date and time of delivery;
- Whether the property must be vacant;
- Delivery of keys;
- Removal of belongings;
- Condition of the property;
- Final rent payment;
- Utility bills;
- Deposit repayment;
- Consequences of delayed delivery.
It is risky to use unclear phrases such as “the tenant will leave within a reasonable time.”
The agreement should also state whether the landlord may directly enforce the delivery obligation if the tenant does not leave on the agreed date.
Settlement Agreements Concerning Rent
An agreement determining a new rent should state:
- Monthly rent amount;
- Gross or net character of the amount;
- Currency;
- Payment date;
- Bank account;
- Commencement date;
- Future increase method;
- Whether past rent differences are included;
- Interest on late payment;
- Duration of the agreement.
Where foreign currency is involved, mandatory Turkish foreign-exchange rules must be reviewed.
Settlement Agreements Concerning Deposits
A deposit settlement should clarify:
- The original deposit amount;
- Currency;
- Deductions;
- Damage claims;
- Unpaid rent;
- Utility expenses;
- Final repayment amount;
- Repayment date;
- Bank account;
- Whether the payment constitutes a full release.
Where deductions are made, each deduction should be identified separately.
Enforceability of Rental Mediation Agreements
A valid mediation settlement is binding on the parties.
Depending on how the document is signed and the nature of the obligation, it may qualify as an enforceable document or may require an enforceability annotation from the competent court.
An agreement signed by the parties, their lawyers and the mediator may, where statutory conditions are satisfied, have the legal effect of an enforceable document.
However, enforceability does not correct vague drafting.
An agreement must clearly define:
- Who must perform;
- What must be performed;
- When performance is due;
- Which property is involved;
- What happens in the event of default.
Special care is required where the agreement involves delivery of possession, termination of the lease, transfer of property rights or establishment of limited real rights.
Costs of Rental Mediation
No application fee is generally charged merely for submitting a mandatory mediation application through the courthouse mediation office. Where the parties do not reach an agreement, the fee for the statutorily covered initial period may be paid from the Ministry of Justice budget under the applicable rules. Where an agreement is reached, the mediator’s fee is calculated according to the applicable tariff and is generally shared equally unless the parties agree otherwise.
The 2026 Mediation Minimum Fee Tariff is the current official tariff for mediation services in 2026.
Lawyers’ fees are separate from the mediator’s fee.
The settlement agreement should state who will bear:
- Mediator fees;
- Lawyers’ fees;
- Court expenses;
- Enforcement expenses;
- Notary costs;
- Expert costs;
- Taxes and charges.
Rental Mediation for Foreign Landlords and Tenants
Foreign individuals and companies may participate in rental mediation in Turkey.
A foreign landlord may own residential or commercial property in Turkey. A foreign tenant may rent property for residence, business, tourism or investment purposes.
Foreign parties may participate personally or through a Turkish lawyer holding appropriate authority.
Documents issued abroad may require:
- Notarisation;
- Apostille;
- Consular legalisation;
- Sworn Turkish translation.
Foreign parties should also consider:
- Residence permit consequences;
- Company branch or subsidiary status;
- Tax obligations;
- Foreign-currency payment rules;
- International bank transfers;
- Authority of company representatives;
- Service of notices;
- Language of the settlement.
The mediation meeting may be conducted online, and an interpreter may participate where necessary.
Advantages of Rental Dispute Mediation
Faster Resolution
Mediation may resolve a rent or eviction dispute within weeks, while litigation may continue considerably longer.
Flexible Solutions
The parties may agree on solutions beyond the remedies normally ordered by courts.
Reduced Costs
A successful settlement may reduce court fees, expert expenses, enforcement costs and long-term legal fees.
Confidentiality
Personal financial information and commercial lease conditions remain outside public court proceedings.
Preservation of the Relationship
The parties may wish to continue the lease despite their disagreement. Mediation may allow them to revise the terms rather than terminate the relationship.
Certainty
A negotiated rent, payment schedule or eviction date may provide more certainty than waiting for a disputed court decision.
Risks of Rental Mediation
Mediation may also create risks where the parties sign an agreement without legal advice.
A tenant may:
- Accept an unnecessarily early eviction date;
- Waive deposit claims;
- Accept an invalid rent increase;
- Undertake unclear repair obligations;
- Fail to secure repayment.
A landlord may:
- Accept an unsecured instalment plan;
- Waive eviction rights unintentionally;
- Sign an unclear delivery provision;
- Fail to address unpaid bills;
- Release a tenant before performance is completed.
Both parties should understand that a mediation settlement may be binding and enforceable.
The Role of a Rental Dispute Lawyer in Turkey
A Turkish rental dispute lawyer may assist by:
- Determining whether mediation is mandatory;
- Selecting the correct legal remedy;
- Calculating statutory deadlines;
- Reviewing the lease agreement;
- Preparing notices;
- Assessing eviction grounds;
- Calculating rent arrears;
- Evaluating rent determination claims;
- Reviewing deposit deductions;
- Collecting evidence;
- Negotiating settlement terms;
- Drafting an enforceable agreement;
- Coordinating court and enforcement proceedings.
For foreign clients, a lawyer may also coordinate powers of attorney, translations and cross-border payment arrangements.
Frequently Asked Questions About Rental Mediation in Turkey
Is mediation mandatory before every eviction lawsuit?
It is mandatory before most court-based eviction actions. Qualifying non-judicial eviction proceedings under the Enforcement and Bankruptcy Law are excluded.
Does the tenant have to accept eviction during mediation?
No. Settlement is voluntary.
Can a landlord initiate enforcement without mediation?
Certain non-judicial enforcement procedures may be initiated without mandatory mediation. The correct procedure depends on the claim.
Is mediation required for a rent determination lawsuit?
Yes. A party must generally complete mediation before filing a rent determination action.
Is mediation required for return of a deposit?
Yes. Deposit disputes arising from the lease relationship are generally subject to mandatory mediation.
Can the parties agree on a voluntary eviction date?
Yes. The agreement should clearly state the property, delivery date, payment obligations and default consequences.
Can rental mediation be conducted online?
Yes. Remote mediation may be used where appropriate.
Can a lawyer attend instead of the landlord or tenant?
Yes, provided the lawyer holds the necessary authority.
What happens if the parties do not settle?
The mediator issues a final report, and the claimant may file the relevant lawsuit.
Is the settlement enforceable?
A properly drafted and executed agreement may qualify as an enforceable document or may become enforceable after obtaining the required annotation.
Conclusion
Rental dispute mediation in Turkey is now a mandatory pre-litigation procedure for most disputes between landlords and tenants.
The requirement applies broadly to eviction lawsuits, rent determination actions, rent adjustment claims, unpaid rent disputes, deposit claims, compensation for damage, maintenance disputes and disagreements concerning common expenses.
The principal exception concerns qualifying non-judicial eviction proceedings under the Turkish Enforcement and Bankruptcy Law.
Mandatory mediation does not require settlement. The parties remain free to reject proposals and proceed to court after the mediator issues the final report.
Nevertheless, mediation provides landlords and tenants with an important opportunity to resolve their disagreement quickly and confidentially. The parties may agree on payment schedules, new rent amounts, voluntary eviction dates, return of deposits, repairs and other practical matters.
A settlement agreement may have binding and enforceable legal consequences. It should therefore clearly identify the property, obligations, payment dates, delivery conditions, default provisions and scope of release.
Both landlords and tenants should obtain legal advice before mediation, particularly where strict eviction deadlines, high-value commercial premises, substantial rent arrears or disputed property damage are involved.
A Turkish rental dispute lawyer can protect procedural rights, identify the correct remedy, preserve statutory deadlines and prepare a settlement agreement capable of effective enforcement.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Turkish rental, enforcement and mediation legislation may change. Each dispute should be reviewed according to its specific facts, the lease agreement and the legislation in force on the relevant date.
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