What Happens to a Tenant When a Rented Property Is Sold in Turkey?

The sale of a rented apartment, house, office, shop or other property frequently creates uncertainty for both tenants and purchasers in Turkey. Tenants may fear that they must immediately leave the property, while new owners may assume that purchasing the property automatically terminates the existing rental agreement.

Neither assumption is generally correct.

Under Turkish rental law, the sale of a rented property does not automatically end the rental agreement. As a general rule, the purchaser becomes a party to the existing lease by operation of law. The tenant continues to occupy the property under the same rental relationship, while the purchaser assumes the position of the landlord.

This principle is regulated by Article 310 of the Turkish Code of Obligations No. 6098. The provision states that where the rented property changes ownership after the rental agreement has been concluded, the new owner becomes a party to the rental agreement. Therefore, the transfer of ownership does not, by itself, remove the tenant’s contractual rights or create an immediate obligation to vacate.

The new owner may have a special right to request eviction if the property is genuinely required as a residence or workplace for the new owner or certain relatives protected by law. However, this right is subject to strict notice, timing, mediation and evidentiary requirements.

The purchaser cannot simply state that the property was bought for personal use and demand that the tenant leave within a few days. The new owner must comply with Article 351 of the Turkish Code of Obligations and, if no settlement is reached, pursue the eviction claim through the proper legal procedure.

This comprehensive guide explains what happens to a tenant when rented property is sold in Turkey, whether the lease continues, to whom the rent should be paid, what happens to the security deposit, when the new owner may request eviction and how both tenants and purchasers can protect their legal rights.

Does the Rental Agreement End When the Property Is Sold?

No. The ordinary sale of rented property does not terminate the rental agreement.

Under Article 310 of the Turkish Code of Obligations, the purchaser automatically becomes a party to the existing rental relationship. This legal result occurs through the transfer of ownership and does not depend on the tenant signing a new agreement.

The existing rental agreement therefore generally continues with:

• The same tenant;
• The same property;
• The same contractual commencement date;
• The same renewal date;
• The same payment obligations;
• The same lawful rent-increase mechanism;
• The same permitted use; and
• The same rights and obligations arising from the lease.

The Court of Cassation has also recognised that a change in the identity of the owner does not terminate the rental agreement. The purchaser succeeds to the position of the former landlord and remains bound by the existing lease.

A clause in the sale agreement between the former owner and purchaser stating that the property will be delivered vacant does not automatically bind the tenant. Such a provision primarily concerns the internal relationship between the seller and purchaser.

If the tenant has not validly agreed to vacate and no statutory eviction ground exists, the purchaser cannot rely solely on a promise made by the seller to obtain immediate possession.

Must the Tenant Sign a New Rental Agreement?

The tenant is not ordinarily required to sign a new rental agreement merely because the property has been sold.

The purchaser enters the existing rental agreement by operation of law. The continuation of the tenancy does not depend on the execution of another contract.

A new written protocol may nevertheless be useful for recording:

• The purchaser’s identity;
• The acquisition date;
• The new bank account for rental payments;
• The amount of the security deposit;
• Outstanding rent;
• Current meter readings;
• Contact details; and
• The parties’ notice addresses.

However, the tenant should review any proposed document carefully.

A document presented as a simple “ownership-change protocol” may contain provisions that change the rent, shorten the rental period, create a new eviction undertaking, waive existing rights or impose additional obligations.

The tenant should not sign a new agreement merely because the purchaser claims that the previous agreement is no longer valid. The original lease continues unless it is lawfully terminated or validly amended.

Similarly, signing a new document may create uncertainty regarding the original commencement date and the calculation of five-year rent-determination or ten-year extension periods. The legal effect of any replacement agreement should therefore be considered before signature.

Is the New Owner Bound by the Existing Rent?

Yes. The purchaser generally becomes bound by the existing rent and the contractual rent-increase system.

The sale of the property does not allow the new owner to unilaterally disregard the current rent and immediately demand the vacant market value.

Ordinary annual rent increases for residential and roofed workplace leases remain subject to Article 344 of the Turkish Code of Obligations. The purchaser acquires the landlord’s position but does not receive greater rent-increase rights than the former landlord.

If the agreement has been in force for less than five years, ordinary annual increases generally remain subject to the contractual clause and the statutory Consumer Price Index limitation.

If five years have been completed, the new owner may use the rent-determination procedure available under Article 344. The court may then consider the Consumer Price Index, the condition of the property, comparable rents and equity. The sale itself does not reset the five-year period because the rental relationship ordinarily continues rather than beginning again.

The new owner cannot evade these rules by stating that the purchase price was calculated according to a higher expected rent.

A purchaser acquiring a tenanted property should investigate the current rent and legal increase possibilities before completing the transaction.

Can the New Owner Demand a New Security Deposit?

The purchaser cannot ordinarily require the tenant to pay a second security deposit merely because ownership has changed.

The security deposit was provided in connection with the continuing rental relationship. The transfer of ownership does not create a completely new lease requiring the tenant to duplicate the existing security.

During the sale transaction, the seller and purchaser should record:

• The original deposit amount;
• The currency;
• The method of payment;
• The account in which it is held;
• Whether the deposit has earned interest;
• Any existing deductions; and
• Whether the amount has been transferred to the purchaser.

The tenant should preserve the original rental agreement, bank transfer receipt or signed document proving payment.

If the purchaser asks for another deposit, the tenant should request a written explanation of what happened to the original security.

Who Is Responsible for Returning the Deposit?

The treatment of the deposit should be expressly addressed during the sale.

As the new owner succeeds to the rental relationship, Court of Cassation practice has held that the purchaser may be responsible for returning the security deposit when the tenancy later ends, even where the former landlord did not physically transfer the money to the purchaser. A decision of the Court of Cassation’s 6th Civil Chamber emphasised the new owner’s position as successor to the previous landlord when determining deposit-refund responsibility.

Disputes between the seller and purchaser concerning whether the security was transferred generally concern their internal relationship. The tenant should not normally lose the security merely because the owners failed to address it properly during the sale.

Nevertheless, deposit disputes may be fact-sensitive. The wording of the agreement, method of payment, sale contract and communications among the parties should all be examined.

For this reason, the tenant should notify the purchaser in writing of:

• The amount of the deposit;
• The date on which it was paid;
• The currency;
• The supporting document; and
• The account or person to whom payment was made.

The purchaser should also require the seller to disclose and transfer all tenant-related securities before the title deed transaction is completed.

To Whom Should the Tenant Pay Rent After the Sale?

After ownership has been transferred, rent becoming due under the continuing lease should generally be paid to the new owner or to the person properly authorised by the new owner.

However, tenants should not redirect rent solely because they receive an informal telephone or messaging application request.

Before changing the payment account, the tenant should request reliable confirmation of:

• The ownership transfer;
• The identity of the purchaser;
• The title deed acquisition date;
• The purchaser’s bank details; and
• Any power of attorney where payment is requested by a representative.

A copy of the title deed, official title deed transaction document, written notice or notarised notification may be used for verification.

The tenant should include the relevant rental month and property address in every bank-transfer description.

If there is genuine uncertainty concerning the rightful recipient, the tenant should obtain legal advice and consider an appropriate payment or deposit procedure rather than withholding rent completely.

Continuing to pay the former landlord after receiving reliable notice of the ownership transfer may create a dispute as to whether the rental obligation was properly discharged.

What Happens to Rent Owed Before the Sale?

Rent that became due before the ownership transfer and rent becoming due afterward may need to be distinguished.

As a general contractual matter, the new owner becomes the landlord from the acquisition date. However, rental debts that had already accrued in favour of the previous landlord may remain with the former landlord unless those receivables were also assigned to the purchaser.

The sale agreement may provide that accrued rents are transferred to the purchaser, but the tenant should be informed of any assignment that affects payment.

A purchaser should therefore examine:

• The tenant’s payment history;
• Any unpaid rental months;
• Enforcement proceedings;
• Rent-difference claims;
• Interest;
• Existing notices; and
• Whether accrued receivables are included in the transaction.

The tenant should not be required to pay the same rental debt twice merely because the seller and purchaser disagree about who is entitled to receive it.

Can the Purchaser Immediately Evict the Tenant?

No. Purchasing a rented property does not create an automatic or immediate eviction right.

The new owner may request eviction only where a legally recognised ground exists and the relevant procedure is followed.

The special ground available to the purchaser is regulated by Article 351 of the Turkish Code of Obligations. The new owner may seek termination where the property must be used as a residence or workplace for:

• The new owner;
• The new owner’s spouse;
• The new owner’s descendants;
• The new owner’s ascendants; or
• Other persons whom the new owner is legally required to support.

The need must be genuine and sufficiently serious. The purchaser must also comply with the statutory notice and lawsuit periods.

A desire to receive a higher rent, sell the property again, renovate it cosmetically or replace the tenant with a preferred person does not, by itself, constitute the special need regulated by Article 351.

What Is the One-Month Notice Requirement?

A purchaser who intends to use the special six-month eviction procedure must notify the tenant in writing within one month following the acquisition of the property.

The notice should clearly state:

• The identity of the new owner;
• The date of acquisition;
• The rented property;
• The existence of a genuine housing or workplace need;
• The person for whom the property is required; and
• The intention to terminate the rental relationship through the statutory procedure.

The one-month period is critical. A late notice may prevent the purchaser from relying on the special six-month route under Article 351.

Judicial practice attaches importance not only to preparing the notice but also to ensuring that it is properly communicated to the tenant within the statutory period. A notarial notice is generally preferred because it provides strong evidence of the content and service date.

If several persons are identified as tenants in the rental agreement, the notice should be directed to all relevant tenants.

An ordinary message stating only that the property has been purchased may not necessarily satisfy the need-based notice requirement.

When Can the New Owner File the Eviction Lawsuit?

Article 351 gives the purchaser two alternative legal routes.

The Six-Month Route

If the purchaser gives the required written notice within one month of acquisition, the purchaser may file an eviction lawsuit after six months have passed from the acquisition date.

The new owner should not interpret the six-month rule as a right to physically remove the tenant when the period expires. If the tenant does not leave voluntarily, mandatory mediation and a court case are still required.

The Contractual Expiry Route

The purchaser may alternatively rely on the end of the existing contractual rental period.

Under this route, the new owner may file the need-based eviction lawsuit within one month following the end of the rental period.

Article 351 expressly recognises both alternatives.

The most appropriate procedure depends on:

• The acquisition date;
• The lease-renewal date;
• The length of time remaining under the agreement;
• Whether timely notice was served;
• The nature of the need; and
• The evidence available.

The purchaser should calculate both routes before deciding how to proceed.

Does the One-Month Notice Terminate the Lease?

No. The notice does not itself terminate the rental agreement or require immediate delivery of the property.

The tenant remains entitled to occupy the premises under the existing agreement until:

• The tenant voluntarily agrees to leave;
• A binding mediation settlement is reached;
• Another valid termination mechanism is completed; or
• An enforceable court judgment is obtained.

The tenant must continue paying rent and complying with the agreement during this period.

The new owner must likewise perform the landlord’s obligations, including respecting the tenant’s peaceful use and carrying out repairs for which the landlord is legally responsible.

Changing the locks, removing belongings or disconnecting utilities is not a lawful substitute for an eviction judgment.

Must the New Owner’s Need Be Genuine?

Yes. The acquisition of the property and timely notice are not sufficient by themselves.

The purchaser must prove that the housing or workplace need is genuine, sincere, compulsory and continuing.

The court may consider:

• The purchaser’s existing residence;
• Whether the purchaser currently pays rent elsewhere;
• Employment and relocation circumstances;
• Family size;
• Health and accessibility needs;
• Other properties owned by the purchaser;
• Whether another vacant and suitable property exists;
• The intended business activity;
• The suitability of the premises; and
• Statements made during negotiations.

A speculative intention to use the property in the distant future may not be sufficient.

Similarly, a purchaser who first demands a very high rent and then claims personal need when the tenant refuses may face questions concerning the sincerity of the need. The prior rent demand does not automatically defeat the case, but it may be considered together with the other evidence.

The need should exist when the lawsuit is filed and generally continue during the proceedings.

Is Living in a Rented Home Evidence of Need?

A purchaser who currently lives in rented accommodation may have a strong need-based claim.

The law does not ordinarily require an owner to remain a tenant elsewhere while their own suitable property is occupied. However, living in rented accommodation does not create automatic eviction.

The court may still examine whether:

• The purchaser genuinely intends to move;
• The purchased property is suitable;
• Another owned property is available;
• The purchaser’s current lease is genuine;
• The purchaser lives in the same city;
• The need is permanent or temporary; and
• The intended user is among the persons listed in Article 351.

The purchaser’s current rental agreement, payment records, address information and witness evidence may support the claim.

Can the New Owner Evict the Tenant for a Child or Parent?

Yes. The need of the purchaser’s descendants and ascendants is expressly protected by Article 351.

A purchaser may therefore seek eviction because the property is required by a child, parent or another person included within the statutory categories.

However, the need must still be concrete.

For example, a purchaser relying on a child’s housing need should explain:

• The child’s current residence;
• Age and employment;
• Marriage or independent-living plans;
• The date on which occupation is intended; and
• Why the purchased property is suitable.

A general statement that a child may require the property one day is unlikely to provide the same evidentiary strength as a confirmed and imminent plan.

Can a Company Purchasing the Property Evict a Residential Tenant?

A legal entity cannot ordinarily have a personal residential need in the same manner as a natural person.

A company purchasing commercial premises may rely on a genuine workplace need belonging to the company itself, provided the property is suitable for the business and the need is properly established.

However, the personal housing need of a company shareholder or manager should not automatically be treated as the company’s own need.

The separate legal personality of the company must be respected.

Corporate purchasers should therefore examine whether the intended use falls within a legally recognised workplace need and whether the company itself will use the property.

Is Mandatory Mediation Required?

Yes. A new-owner need-based eviction lawsuit is generally subject to mandatory mediation.

Since 1 September 2023, disputes arising from rental relationships require an application to mediation before litigation, except for the special non-judicial eviction provisions under the Enforcement and Bankruptcy Law. The mediation legislation expressly includes rental disputes within the mandatory framework.

Before filing the lawsuit, the purchaser must apply to the competent mediation bureau.

The application should identify:

• The rental property;
• The acquisition date;
• The existing rental agreement;
• The timely written notice;
• The person whose need is relied upon;
• The requested vacation date; and
• Any related financial issues.

If no agreement is reached, the mediator issues a final report. The purchaser may then file the case before the competent court.

A lawsuit filed without completing mandatory mediation may be dismissed due to the absence of a procedural prerequisite.

Settlement During Mediation

The parties may agree on a practical solution without waiting for a court judgment.

A mediation settlement may regulate:

• The exact evacuation date;
• Continued rent payments;
• Moving time;
• Return of the security deposit;
• Utility and building expenses;
• Repairs;
• Key delivery;
• Compensation or relocation assistance;
• Release of claims; and
• The consequences of non-compliance.

The settlement should contain an exact date and a clear handover mechanism.

Vague wording such as “the tenant will leave when another house is found” may create enforcement difficulties.

For agreements concerning immovable property, the mandatory mediation legislation requires an enforceability review by the competent Civil Court of Peace.

Which Court Handles the Eviction Case?

The Civil Court of Peace, known in Turkish as the Sulh Hukuk Mahkemesi, generally has subject-matter jurisdiction over disputes arising from rental relationships.

Article 4 of the Code of Civil Procedure assigns rental disputes, including eviction lawsuits, to the Civil Courts of Peace regardless of the monetary value of the case.

Territorial jurisdiction should be assessed according to:

• The tenant’s residence;
• The place where the rental agreement is performed;
• The property’s location; and
• Any valid jurisdiction arrangement.

The statement of claim should ordinarily include:

• The title deed;
• Acquisition documents;
• The existing rental agreement;
• The written notice;
• Proof of service;
• The mediation final report;
• Evidence of the genuine need;
• Address and ownership records; and
• Other supporting documents.

Can the Purchaser Rely on an Existing Eviction Undertaking?

A new owner may, under appropriate circumstances, rely on a valid eviction undertaking previously given by the tenant to the former landlord.

The Court of Cassation’s 6th Civil Chamber has accepted that the new owner, as successor to the previous landlord, may rely on an eviction undertaking issued during the former owner’s period. The purchaser does not necessarily have to obtain an entirely new undertaking.

However, the original undertaking must itself be valid.

The purchaser should examine:

• Whether it was signed after delivery;
• Whether all tenants signed;
• Whether it contains a definite date;
• Whether the signature is genuine;
• Whether the one-month enforcement or lawsuit period remains open; and
• Whether the undertaking has been cancelled or superseded.

The existence of an undertaking may provide a separate eviction ground from the purchaser’s personal need.

Can the New Owner Use Other Eviction Grounds?

Yes. The purchaser succeeds not only to the landlord’s obligations but also to rights arising from the continuing rental relationship.

Depending on the circumstances, the new owner may rely on:

• Unpaid rent;
• Two justified notices;
• A valid eviction undertaking;
• Serious breach of the duty of care;
• Unauthorised subletting;
• Reconstruction or major renovation;
• The tenant’s ownership of another suitable residence;
• The ten-year extension rule; or
• Another statutory ground.

The conditions and periods applicable to each ground must be examined separately.

The purchaser cannot assume that the title deed transfer restarts all notice or rental periods. The existing lease history, payment defaults and renewal dates remain relevant.

What Happens to the Rental Period After Sale?

The sale does not ordinarily restart the rental period.

For example, if the tenant entered the property on 1 September 2021 and the property is sold on 1 March 2026, the contractual rental history does not normally begin again on 1 March 2026.

The original commencement and renewal dates remain important for:

• Annual rent increases;
• Five-year rent determination;
• Two justified notices;
• Contractual expiry;
• Ten-year extension calculations; and
• Other procedural periods.

The purchaser should obtain the original agreement and every renewal protocol before buying the property.

A tenant should be cautious if asked to sign a new agreement containing a new commencement date because this may create later disagreement about accrued statutory periods.

Can the Purchaser Increase the Rent Because the Purchase Price Was High?

No. The price paid by the purchaser does not independently determine the rent legally payable by the tenant.

A buyer may have purchased the property expecting a certain investment return. However, private investment expectations do not override mandatory rental-law provisions.

The purchaser may apply:

• The existing contractual increase clause;
• The statutory annual increase limit;
• A rent-determination lawsuit after the relevant period; or
• A voluntarily negotiated new rent.

The purchaser cannot threaten eviction solely because the tenant refuses an increase exceeding the legal framework.

Rent determination and eviction are separate legal procedures.

Can the Tenant Refuse Property Viewings During the Sale?

Before the sale, the tenant should generally permit reasonable inspection of the property where necessary for sale, provided the landlord respects the tenant’s rights and gives appropriate advance notice.

This does not allow the landlord, estate agent or potential purchaser to enter without consent whenever desired.

Visits should be arranged:

• At reasonable times;
• With advance notice;
• Without excessive frequency;
• In a manner respecting privacy; and
• Without unnecessarily disrupting residential or commercial use.

After the sale, the new owner similarly does not acquire an unrestricted right to enter the property.

Except in emergencies, repairs, inspections and visits should be coordinated with the tenant.

Does the Tenant Have a Right of First Refusal?

A tenant does not generally obtain an automatic statutory right to purchase the rented property merely because they occupy it.

The landlord may normally sell to a third party without first offering the property to the tenant, unless:

• The parties created a contractual pre-emption or purchase right;
• A legally valid right was registered or annotated;
• Co-ownership rules create another statutory pre-emption right; or
• A special legal arrangement applies.

A tenant interested in purchasing should seek a written option, pre-emption agreement or purchase arrangement rather than relying on an informal promise.

What Is the Effect of Annotating the Lease in the Land Registry?

Article 312 of the Turkish Code of Obligations permits the parties to agree that the tenancy right will be annotated in the land registry.

The ordinary rule under Article 310 already provides continuation of the lease when ownership changes. Nevertheless, annotation may provide additional publicity and protection, particularly for long-term and high-value commercial leases.

A land-registry annotation may be especially relevant where the tenant has made substantial investments, requires a long occupation period or wants the rental right to be clearly visible to future purchasers and other right holders.

The parties must agree to the annotation, and the formal land-registry requirements must be satisfied.

The absence of an annotation does not, by itself, mean that the tenant loses the lease when the property is sold.

What Happens If the Purchaser Plans Major Reconstruction?

A purchaser who intends to demolish, reconstruct or substantially renovate the property may have a separate eviction ground under Article 350.

The proposed work must generally be essential and substantial, and the tenant’s continued use must be impossible during the project.

Ordinary painting, decoration or minor renovation does not provide the same legal basis.

The purchaser should prepare:

• Architectural projects;
• Municipal permits;
• Technical reports;
• Structural assessments;
• Construction plans; and
• Evidence showing why continued occupation is impossible.

The applicable filing period differs from the special six-month procedure for a new owner’s personal need and must be assessed separately.

Re-Letting Prohibition After Need-Based Eviction

If the purchaser obtains vacation of the property based on housing or workplace need, the property cannot be rented to another person for three years without a justified reason.

Article 355 establishes this prohibition and protects the former tenant against fictitious need claims.

If the landlord violates the prohibition, the former tenant may claim compensation. The statutory compensation cannot be less than one year’s rent calculated according to the rent paid during the final rental year.

For example, a purchaser who obtains eviction by claiming that the property will be used as a personal residence and then immediately rents it to another tenant at a higher amount may face a compensation claim.

The former tenant should preserve:

• The eviction judgment;
• Mediation documents;
• Key-delivery records;
• Later rental advertisements;
• Address information;
• Witness evidence; and
• Evidence of the new occupant.

The purchaser should preserve evidence if an unforeseen and justified reason prevents the intended use after eviction.

Can the Purchaser Sell the Property Again?

The purchaser may later transfer ownership to another person.

A second sale also does not automatically terminate the rental relationship. The subsequent purchaser ordinarily becomes the new party to the existing lease under Article 310.

If the first purchaser has already initiated an eviction case, the effect of the later transfer on party status and continuation of the proceedings must be examined according to procedural law and the legal ground asserted.

A person purchasing a property during an existing eviction dispute should review the complete court and mediation file before completing the transaction.

Practical Recommendations for Tenants

A tenant who learns that the property has been sold should first verify the ownership transfer.

The tenant should obtain and preserve:

• The original rental agreement;
• Bank-payment records;
• The deposit receipt;
• Any eviction undertaking;
• Delivery reports;
• Written communications;
• The purchaser’s notice; and
• Proof of the new payment account.

The tenant should continue paying rent on time.

The tenant should not sign a new contract, evacuation protocol or undertaking without reviewing its legal consequences.

If a need-based notice is received, the tenant should verify:

• The acquisition date;
• The service date;
• The person whose need is claimed;
• Whether the notice was served within one month;
• Whether the six-month period has expired;
• Whether mandatory mediation was completed; and
• Whether the claimed need appears genuine.

Practical Recommendations for Purchasers

A person considering purchasing tenanted property should conduct legal due diligence before signing the sale agreement.

The purchaser should obtain:

• The full rental agreement;
• All amendments and renewal protocols;
• The tenant’s payment history;
• The current rent;
• The deposit information;
• Any eviction undertaking;
• Existing notices;
• Mediation files;
• Court and enforcement proceedings;
• The original commencement date; and
• Information regarding other occupants.

The purchaser should calculate whether the desired use of the property can legally support eviction.

If the property is required personally, the one-month written notice should be prepared and served immediately after acquisition.

The purchaser should not rely solely on the seller’s statement that the tenant will leave.

Any vacant-delivery promise should be supported by a valid tenant settlement, final eviction order or other reliable legal mechanism.

Frequently Asked Questions

Must a tenant leave when the rented property is sold?

No. The sale does not automatically terminate the lease. The purchaser becomes a party to the existing rental agreement.

Does the tenant have to sign a new agreement?

No. The existing agreement ordinarily continues. Any new document should be reviewed carefully before signature.

Can the purchaser increase the rent immediately?

No. The existing contractual and statutory rent-increase rules continue to apply.

Can the new owner demand another deposit?

The tenant should not ordinarily be required to pay a second deposit for the same continuing lease.

Who returns the deposit?

The purchaser may be responsible as successor to the rental agreement. The seller and purchaser should document transfer of the deposit during the sale.

When should rent be paid to the purchaser?

Rent becoming due after acquisition should generally be paid to the new owner after the ownership and payment instructions have been reliably verified.

Can the new owner immediately evict the tenant?

No. Eviction requires a statutory ground and completion of the proper procedure.

How long does the new owner have to send notice?

To use the special Article 351 six-month route, the purchaser must provide written notice within one month following acquisition.

When can the eviction case be filed?

After timely notice, the purchaser may file after six months from acquisition. Alternatively, the purchaser may file within one month following the end of the contractual rental period.

Must the purchaser prove personal need?

Yes. The housing or workplace need must be genuine, sincere, compulsory and continuing.

Is mandatory mediation required?

Yes. A new-owner need-based eviction lawsuit is generally subject to mandatory mediation before litigation.

Which court hears the case?

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

Can the purchaser rely on an old eviction undertaking?

A valid undertaking previously given to the former landlord may, under Court of Cassation practice, be relied upon by the purchaser as successor.

Can the purchaser rent the property to someone else after need-based eviction?

Not without a justified reason during the statutory three-year period. Violation may result in compensation liability.

Conclusion

When rented property is sold in Turkey, the tenant does not automatically lose the right to occupy the premises.

Article 310 of the Turkish Code of Obligations protects the continuity of the rental relationship by making the purchaser a party to the existing lease. The purchaser assumes the position of the landlord, while the tenant continues to be bound by the rent, permitted use and other contractual obligations.

The sale does not automatically create a new rental period, a right to impose market rent or a right to demand a second security deposit.

The new owner may seek eviction where the property is genuinely needed as a residence or workplace. However, the purchaser must comply with Article 351 by providing timely written notice and following either the six-month procedure or the contractual-expiry procedure.

Mandatory mediation must generally be completed before the eviction lawsuit is filed, and the Civil Court of Peace hears the resulting case.

The need must be proven. The purchaser cannot obtain eviction solely by presenting the title deed or stating that the property was bought for personal use.

Tenants should continue paying rent, preserve all contractual records and avoid signing replacement agreements without legal review. Purchasers should conduct detailed due diligence and should not rely on unsupported promises of vacant delivery.

The security deposit, accrued rent, prior notices and any eviction undertaking should be expressly addressed during the sale.

A properly managed transaction protects both parties: the purchaser understands the legal limitations attached to tenanted property, while the tenant receives the protection provided by the continuing rental agreement.

Legal Disclaimer: This article provides general information concerning the sale of rented property and tenant rights in Turkey. It does not constitute legal advice. Each matter must be assessed according to the rental agreement, acquisition date, notice and service documents, intended use, deposit records, payment history, mediation process and specific circumstances of the parties.