Mandatory Mediation in Rental Disputes in Turkey: Procedure, Scope and Legal Consequences

Mandatory mediation in rental disputes in Turkey has become one of the most important procedural requirements for landlords and tenants. Before filing most lawsuits arising from a residential or commercial rental relationship, the claimant must first apply to a mediation bureau and complete the mediation process.

This obligation applies regardless of whether the claimant is the landlord or tenant. A landlord seeking eviction, a tenant requesting return of a security deposit, a property owner demanding unpaid rent or a party seeking judicial determination of the rental amount may all be required to complete mediation before commencing court proceedings.

The legal basis is Article 18/B of the Turkish Mediation Law No. 6325. The provision was introduced by Law No. 7445 and entered into force on 1 September 2023. It places disputes arising from rental relationships within the scope of mediation as a condition for filing a lawsuit, subject to a specific exception for the non-judicial eviction procedures governed by the Turkish Enforcement and Bankruptcy Law.

Mandatory mediation does not mean that landlords and tenants are legally required to reach a settlement. The obligation concerns applying to mediation and completing the process before litigation. The parties remain free to accept or reject settlement proposals and may terminate the negotiations without reaching an agreement. Turkish mediation law preserves party autonomy and equal participation throughout the process.

However, failure to make the required application has serious consequences. If a party files a covered rental lawsuit without first completing mandatory mediation, the court must dismiss the case on procedural grounds without examining whether the claimant is substantively right.

For this reason, mandatory mediation is not merely an informal negotiation stage. It must be integrated into the legal strategy from the beginning, particularly where rent determination, eviction or other rental claims are subject to strict notice and filing periods.

This guide explains the scope, procedure, deadlines, costs and legal consequences of mandatory mediation in rental disputes in Turkey.

What Is Mandatory Mediation?

Mediation is a confidential dispute-resolution process conducted with the assistance of an independent and neutral mediator. The mediator helps the parties identify their interests, clarify the dispute and explore possible settlement terms.

The mediator does not act as a judge. The mediator does not decide which party is legally right, issue an eviction order or determine the rent through a binding ruling.

A binding result arises only if the parties voluntarily reach and sign an agreement. If they cannot agree, the mediator issues a final non-settlement record, after which the claimant may commence court proceedings.

The expression “mandatory mediation” can therefore be misleading. Participation in the preliminary legal process is mandatory, but settlement remains voluntary.

The claimant must apply to mediation before filing the lawsuit. The responding party is invited to participate and may present arguments, evidence and settlement proposals. Neither party can be forced to accept a particular rental amount, evacuation date or payment schedule.

Legal Basis of Mandatory Rental Mediation

Article 18/B of the Mediation Law provides that applying to mediation before filing a lawsuit is a procedural prerequisite in disputes arising from rental relationships, except for the provisions concerning the eviction of rented immovable property through non-judicial enforcement under the Enforcement and Bankruptcy Law.

The same article also places disputes concerning division and dissolution of co-ownership, condominium law and neighbour rights within mandatory mediation. However, rental disputes remain a separate and extensive category under the provision.

The legislation applies to rental-related lawsuits filed after 1 September 2023. Cases already pending before first-instance courts, regional appellate courts or the Court of Cassation when Article 18/B entered into force were not retrospectively subjected to the new requirement.

Mandatory mediation may apply to rental relationships containing a foreign element. The Mediation Law covers private-law disputes, including those involving foreign parties, as long as the parties are legally entitled to dispose of the subject matter of the dispute.

Accordingly, a foreign landlord, foreign tenant, Turkish company or overseas investor may also be subject to the same procedural requirement where the dispute concerns property rented in Turkey.

Which Rental Disputes Require Mandatory Mediation?

The wording of Article 18/B is broad. It covers disputes arising from rental relationships rather than limiting mediation to one specific category of claim.

The following disputes generally require mediation before a lawsuit is filed:

• Eviction due to the landlord’s residential or workplace need;
• Eviction due to the need of a new property owner;
• Eviction based on two justified notices;
• Direct eviction lawsuits based on a written eviction undertaking;
• Eviction because the tenant owns another suitable residence;
• Eviction for reconstruction or substantial renovation;
• Eviction because of serious misuse or breach of the lease;
• Rent determination lawsuits;
• Rent adaptation lawsuits;
• Claims for unpaid rent;
• Rental-difference claims;
• Security deposit refund claims;
• Compensation for damage to the property;
• Disputes concerning repairs and maintenance;
• Claims arising from early termination;
• Subletting and transfer disputes;
• Claims for occupation compensation;
• Disputes concerning common expenses and ancillary rental obligations;
• Key-delivery and property-return disputes; and
• Compensation claims arising from violation of the prohibition on re-letting after eviction.

The decisive issue is whether the claim arises from the rental relationship.

For example, a tenant’s claim for the return of a deposit clearly arises from the lease and is therefore subject to mediation. A landlord’s action requesting rent determination after five years also arises directly from the rental relationship.

Similarly, a need-based eviction lawsuit cannot be filed merely after sending a notice. The landlord must complete mandatory mediation before bringing the case before the Civil Court of Peace.

Mandatory Mediation in Eviction Cases

Most court-based eviction proceedings are subject to mandatory mediation.

This includes eviction claims based on the landlord’s personal need, the need of a purchaser, reconstruction, two justified notices and the tenant’s ownership of another suitable residence.

A landlord relying on a written eviction undertaking must also apply for mediation before filing a direct eviction lawsuit before the Civil Court of Peace.

The mediation application should clearly identify the legal basis of the proposed eviction. A general statement that “the tenant must leave” may be inadequate for planning the subsequent lawsuit.

The application should ordinarily state:

• The full address of the rented property;
• The rental commencement date;
• The contractual renewal date;
• The legal ground for eviction;
• The relevant notice or undertaking;
• The requested evacuation date;
• Outstanding rent, if any; and
• The conditions proposed for returning the property.

The legal ground stated in mediation should be consistent with the claim later presented to the court.

A landlord who applies for mediation only concerning unpaid rent but later files a need-based eviction lawsuit may face an objection that the subject matter of the lawsuit was not properly submitted to mandatory mediation.

The Non-Judicial Eviction Exception

Article 18/B contains an important exception for eviction through non-judicial enforcement proceedings under the Enforcement and Bankruptcy Law.

A landlord may use special enforcement procedures to seek eviction because of unpaid rent or on the basis of a written eviction undertaking. Commencing that specific non-judicial enforcement route does not require a prior mandatory mediation application.

This exception must be interpreted carefully.

It does not mean that every dispute involving unpaid rent or an eviction undertaking is excluded from mediation. The procedural route selected by the landlord is decisive.

If the landlord files a direct lawsuit for unpaid rent or directly brings an eviction action based on an undertaking, mandatory mediation generally applies.

If the landlord commences the specific non-judicial eviction procedure before the enforcement office, the preliminary mediation requirement does not apply to the commencement of that proceeding.

The landlord should therefore determine the procedural strategy before making an application. A court action and a non-judicial enforcement proceeding may rely on similar facts but remain subject to different procedural requirements.

Mandatory Mediation in Rent Determination Cases

A rent determination lawsuit seeks a judicial ruling establishing the rent applicable to a renewed rental period.

These cases are subject to mandatory mediation.

The mediation application should identify:

• The current monthly rent;
• The amount requested;
• The rental period for which determination is sought;
• The commencement date of the lease;
• Whether five years have been completed;
• The contractual increase provision; and
• Whether the requested amount is gross or net.

The effective date of a judicially determined rent is governed by strict rules under Article 345 of the Turkish Code of Obligations. Therefore, the landlord should not wait until the rental period has already commenced before considering mediation.

Applying to mediation suspends limitation periods and prevents forfeiture periods from running until the final record is prepared. However, mediation does not revive a legal period that had already expired before the application.

A landlord seeking to have a newly determined rent apply from a particular renewal date should therefore coordinate the rent-increase notice, mediation application and eventual lawsuit.

Mandatory Mediation in Rent Adaptation Cases

Rent adaptation and rent determination are different legal remedies, but both are subject to mandatory mediation.

A rent adaptation claim is generally based on extraordinary circumstances that fundamentally disrupt the contractual balance and make continued performance excessively burdensome.

During mediation, the parties may negotiate a temporary or permanent adjustment without requiring the court to decide whether the strict hardship conditions have been satisfied.

Possible solutions include:

• Gradual increases;
• Temporary rent reductions;
• A new indexation formula;
• Conversion of the payment currency;
• Extension or shortening of the lease;
• Revision of operating expenses; and
• Mutual termination.

A settlement may provide a more flexible solution than a court judgment because the parties are not limited to the remedies that a judge could impose.

Unpaid Rent and Rental-Difference Claims

Claims for unpaid rent and rental differences generally fall within mandatory mediation when pursued through a court action.

The landlord should specify each unpaid month, the contractual due date, the amount paid and the amount remaining outstanding.

If the dispute concerns a rent increase, the application should explain the legal basis of the increase and the calculation used.

A demand based on an unlawful or incorrectly calculated increase may create difficulties during both mediation and subsequent litigation.

The tenant may raise defences concerning:

• Payment;
• Set-off;
• Defects in the property;
• Incorrect rent calculations;
• Invalid increase clauses;
• Unlawful ancillary expenses; or
• The identity of the person entitled to collect rent.

The mediation process allows the parties to compare payment records and reduce disagreement about the actual debt before a lawsuit is filed.

Security Deposit Disputes

A tenant requesting the return of a security deposit must generally complete mandatory mediation before filing a refund lawsuit.

The mediation application should identify:

• The deposit amount;
• The currency;
• The payment date;
• The method of payment;
• The property-return date;
• The date the keys were delivered;
• Deductions claimed by the landlord; and
• The amount requested by the tenant.

The landlord should explain each proposed deduction and provide supporting evidence.

A general statement that the property was damaged is unlikely to support productive negotiations. Photographs, delivery reports, invoices and repair estimates should be reviewed.

The parties may agree that part of the deposit will be returned immediately while a specific amount is retained for documented damage or outstanding utility expenses.

Where Is the Mediation Application Made?

The application must be made to the mediation bureau located at the place of the court that would have jurisdiction over the dispute.

Where no mediation bureau exists, the application is submitted to the court registry assigned to perform mediation-bureau functions.

The mediation bureau appoints a mediator from the official list. If both parties agree on a mediator included in the relevant list, that mediator may be appointed.

Rental lawsuits are generally heard by Civil Courts of Peace regardless of the monetary value of the dispute. The special non-judicial eviction provisions of the Enforcement and Bankruptcy Law remain excluded from this ordinary jurisdiction rule.

Territorial jurisdiction may depend on the tenant’s residence, the place where the rental agreement is performed and other procedural rules.

Applying to the wrong mediation bureau may cause delay. The responding party may raise a territorial-authority objection no later than the first meeting and submit supporting documents.

If an objection is raised, the mediator sends the file to the relevant Civil Court of Peace through the mediation bureau. The court decides the competent bureau without charging a fee, and its decision is final.

What Information Should Be Included in the Application?

The applicant should provide complete identification and contact details for all relevant parties.

The mediation bureau may obtain contact information through official records, but the applicant should submit all available addresses, telephone numbers and identification details.

The application should also describe the dispute precisely.

For a rental dispute, the following information is particularly useful:

• Names and identification details of the landlord and tenant;
• Full address of the rented property;
• Date and duration of the lease;
• Current monthly rent;
• Relevant payment dates;
• Security deposit;
• Notices and service dates;
• Requested relief;
• Proposed settlement terms; and
• Details of any pending enforcement proceeding.

All persons whose rights will be affected by the settlement should be included.

Where several people are named as tenants, an agreement signed by only one tenant may not fully resolve the rental relationship.

Where the property has several owners, the legal authority of the person negotiating on behalf of the owners should also be reviewed.

Appointment and Duties of the Mediator

The mediator is selected from the registered mediators listed for the relevant judicial commission area.

After appointment, the mediator receives the parties’ contact information and uses available communication methods to inform them of the assignment and invite them to the first meeting.

Even if a party has a lawyer, the mediator must also inform the principal party. The invitation and communication steps are documented.

The mediator must remain independent and impartial.

The mediator may assist the parties in understanding the dispute and may propose a solution where the parties are unable to generate one themselves. However, the mediator cannot impose a decision.

The mediator does not determine whether the landlord’s need is genuine, whether the rent should be increased by a particular amount or whether property damage constitutes ordinary wear.

Those issues are decided by the parties through agreement or, if no agreement is reached, by the competent court.

How Long Does Mandatory Mediation Take?

The mediator must conclude the process within three weeks from the date of appointment.

This period may be extended by a maximum of one additional week where compulsory circumstances exist. The ordinary maximum statutory period is therefore four weeks.

The process may end earlier where:

• The parties reach an agreement;
• The parties cannot be contacted;
• One or both parties do not attend;
• The parties state that no settlement is possible;
• One party withdraws; or
• The mediator concludes that further effort is unnecessary.

The final outcome is recorded in a written final document and reported to the mediation bureau.

Participation in the Meeting

The parties may participate personally and may obtain legal representation.

Legal representation is not compulsory, but rental settlements may have serious and long-term consequences.

A settlement may determine:

• The final eviction date;
• The rent applicable for several years;
• Waiver of rental claims;
• Deposit deductions;
• Liability for property damage;
• Payment instalments; and
• Release of future claims.

Any power of attorney used during mediation should be examined to ensure that the lawyer has the authority required to enter into a binding settlement and, where relevant, accept or undertake evacuation.

Foreign parties who do not understand Turkish should use an interpreter and should not sign an agreement without receiving a complete explanation of its legal effect.

What Happens If a Party Does Not Attend?

Participation should be taken seriously.

Under the current version of Article 18/A following the 2024 legislative amendment, where the process ends because one party failed to attend the first meeting without a valid excuse, the non-attending party is identified in the final record.

Even if that party later succeeds partially or completely in court, the party may be held responsible for half of the litigation expenses that the opposing party would otherwise have been required to pay. Only half of the attorney’s fee calculated under the applicable tariff may be awarded in favour of the non-attending party. Where neither party attends, each party’s litigation expenses are generally left on that party.

Attendance does not require accepting a settlement.

A party may attend, state its position and decline the proposal. This preserves the opportunity to explain the dispute and avoids unnecessary procedural consequences arising from non-attendance.

Confidentiality of the Mediation Process

Mediation is generally confidential.

Unless the parties agree otherwise, the mediator must keep information, documents and records obtained during the process confidential. The parties and other persons participating in the meetings are also subject to the confidentiality obligation.

Settlement offers, concessions and statements made solely for mediation cannot ordinarily be used as evidence in later court or arbitration proceedings.

For example, a landlord’s willingness to accept a lower amount during mediation does not necessarily constitute an admission that the full legal claim is invalid.

Similarly, a tenant’s conditional proposal to leave on a particular date cannot automatically be presented as proof that the landlord had a valid eviction ground.

Information may be disclosed only where required by law or to the extent necessary to implement and enforce the settlement.

Documents that existed independently of mediation do not become inadmissible merely because they were also presented during the meetings. A rental agreement, bank record or notarial notice remains potential evidence because it was not created solely for mediation.

Effect on Limitation and Forfeiture Periods

From the date of application to the mediation bureau until the final record is prepared, limitation periods are suspended and forfeiture periods do not run.

This rule is particularly important in rental law because many claims are subject to strict periods.

Examples include:

• The one-month period for an eviction lawsuit based on a written undertaking;
• The one-month filing period after the relevant rental year in two-justified-notice cases;
• Filing periods in need-based eviction cases;
• The new owner’s procedural periods;
• Rent determination timing; and
• Compensation and receivable limitation periods.

The mediation application must be made while the relevant period is still open.

A claimant should record the date of application and the date of the final mediation record. The remaining time begins to run after the mediation process ends.

A late application cannot revive a right that had already expired.

What Happens If the Parties Do Not Reach an Agreement?

If no settlement is reached, the mediator prepares a final non-settlement record.

The claimant may then file the lawsuit before the competent court.

The claimant must attach the original final record or a copy certified by the mediator to the statement of claim.

If the claimant completed mediation but failed to attach the record, the court grants a final period of one week to submit it. If the record is not submitted within that period, the case is dismissed procedurally without service of the statement of claim on the defendant.

If the claimant never applied to mandatory mediation, the court dismisses the lawsuit directly because the procedural prerequisite is absent.

The court does not examine the merits before resolving the mediation prerequisite.

A landlord may therefore have a genuine personal need and complete evidence but still lose the case procedurally because mediation was omitted.

What Happens If the Parties Reach an Agreement?

The parties determine the scope and content of the settlement.

A rental mediation agreement may include both monetary and non-monetary obligations.

The parties may agree on:

• A new rent;
• An effective date for the increase;
• Payment of past rent differences;
• An instalment plan;
• An exact evacuation date;
• Key delivery;
• Continued rent until handover;
• Return of the deposit;
• Damage deductions;
• Repairs;
• Utility accounts;
• Building expenses;
• Mutual releases; and
• Court or enforcement costs.

Once the parties reach an agreement, they cannot bring a lawsuit concerning the matters resolved in the settlement.

For this reason, the agreement must define the settled matters carefully.

A broad clause stating that the parties release each other from every claim may also cover claims that one party did not intend to waive.

Enforceability of Rental Mediation Agreements

Article 18/B establishes a special rule for settlement documents concluded in rental and other immovable-property-related disputes.

Obtaining an enforceability annotation is mandatory for an agreement document prepared under Article 18/B.

For agreements connected with immovable property, the annotation is obtained from the Civil Court of Peace at the place where the property is located. For other agreements, it is obtained from the Civil Court of Peace at the place where the mediator works.

The court examines whether the settlement is suitable for mediation and compulsory enforcement and whether legal limitations and formal requirements concerning the property have been observed. The court may request documents from public bodies and may hold a hearing where necessary.

This special requirement should not be confused with the general rule under which some mediation agreements signed by the parties, their lawyers and the mediator may qualify as enforceable documents without a separate annotation.

For agreements falling within Article 18/B, the law expressly requires the enforceability annotation.

Evacuation Agreements in Mediation

An agreement requiring the tenant to vacate the property should be drafted with particular care.

The settlement should identify:

• The exact property;
• All landlords and tenants;
• The exact evacuation date;
• The date and place of key delivery;
• The rent payable until delivery;
• The treatment of the deposit;
• Outstanding utilities and common expenses;
• The condition in which the property will be returned;
• Furniture and fixtures;
• The consequences of late payment; and
• The procedure if the tenant does not leave.

The agreement should use a specific calendar date.

Statements such as “the tenant will leave as soon as possible” or “after finding another apartment” are unsuitable for effective enforcement because the obligation is not sufficiently definite.

The parties should also distinguish between contractual rent payable until the lease ends and any occupation payment that may apply after the agreed date.

Rent Determination Agreements

A settlement concerning rent determination should specify:

• The previous monthly rent;
• The new monthly rent;
• The effective date;
• Whether the amount is gross or net;
• Whether VAT or withholding tax applies;
• The payment date;
• The bank account;
• Past rental differences;
• The treatment of interest; and
• The future increase formula.

A commercial rental agreement should clearly separate rent from management costs, service charges, turnover rent and tax obligations.

A residential settlement should state whether the agreed amount replaces the rent for the current period only or also includes a formula for later renewals.

The parties should avoid drafting a new rent provision that conflicts with mandatory Turkish rental law.

Mediation Fees and Costs

Unless otherwise agreed, the mediation fee is shared equally by the parties.

Where the parties reach an agreement, the fee is calculated according to the Mediation Minimum Fee Tariff in force on the date the process ends.

Under the 2026 tariff, the fee in a successful eviction dispute is calculated through the percentage scale based on half of one year’s rent. In a successful rent determination dispute, the calculation is based on one year of the difference between the former and newly determined rent. The 2026 tariff also establishes a minimum fee of TRY 9,000 for successful mediation, regardless of the settlement value.

Where no agreement is reached after a meeting lasting less than two hours, the two-hour fee is paid from the Ministry of Justice budget.

Where unsuccessful negotiations last more than two hours, the fee for the period exceeding two hours is generally shared equally by the parties unless otherwise agreed.

Amounts paid by the Ministry and by the parties may later be treated as litigation expenses. Necessary expenses incurred by the mediation bureau are initially covered by the Ministry and allocated according to the settlement or eventual outcome of the litigation.

Because tariffs are updated annually, parties should check the tariff in force when the mediation process concludes.

Advantages of Mediation in Rental Disputes

Rental disputes often involve an ongoing relationship and practical issues that a court judgment cannot address fully.

A court may determine rent, order payment or grant eviction. It may not provide the flexible transition arrangements that both parties need.

Mediation may allow the parties to agree on a delayed evacuation date while maintaining rent payments.

A tenant may receive adequate time to find another property, while the landlord obtains a definite and enforceable delivery date.

In a rent dispute, the parties may agree on a gradual increase instead of facing the uncertainty of an expert report and appellate review.

In a deposit dispute, they may agree on documented deductions and immediate payment of the remaining balance.

Mediation may therefore reduce legal expenses, preserve evidence and allow the parties to control the outcome.

Common Mistakes Made by Landlords

A frequent mistake is sending an eviction notice and then immediately filing the lawsuit without completing mediation.

Another is applying for mediation after the statutory filing period has already expired.

Landlords also sometimes define the dispute too narrowly. An application concerning only unpaid rent may not necessarily cover a later claim based on personal need or two justified notices.

Other common errors include:

• Failing to include every tenant;
• Using an incorrect renewal date;
• Failing to attach important notices;
• Requesting an unclear evacuation date;
• Demanding an unlawful rent increase;
• Signing a vague settlement;
• Failing to obtain the required enforceability annotation; and
• Assuming that a mediation settlement automatically authorises physical eviction without further formal steps.

The mediation application should be prepared as part of the litigation strategy rather than as a simple administrative form.

Common Mistakes Made by Tenants

Tenants sometimes ignore the mediator’s invitation because they believe settlement is optional.

Although accepting a settlement is voluntary, failure to attend without a valid excuse may have cost consequences in later litigation.

Another mistake is attending without reviewing the rental agreement, payment history or notices.

Tenants should not sign an evacuation agreement merely because the mediator arranged the meeting. The mediator is neutral and does not act as the tenant’s lawyer.

Tenants should also avoid signing broad waivers without understanding whether they cover deposits, rent differences, damage claims or compensation rights.

A foreign tenant should request interpretation and legal assistance before signing any Turkish-language settlement.

Practical Checklist for Landlords

Before applying for mandatory mediation, a landlord should review:

• The rental agreement;
• The exact commencement and renewal dates;
• The legal basis of the claim;
• Payment records;
• Notices and service documents;
• Ownership records;
• The identity of every tenant;
• The applicable filing deadline;
• The amount requested;
• The desired evacuation date; and
• Available settlement alternatives.

The landlord should also decide whether a court action or the special non-judicial enforcement route is more appropriate.

Practical Checklist for Tenants

A tenant invited to mediation should collect:

• The rental agreement;
• Bank records;
• Rent receipts;
• Deposit evidence;
• Delivery reports;
• Photographs;
• Repair correspondence;
• Notices;
• Service documents;
• Evidence of defects;
• Building-management records; and
• Any eviction undertaking.

The tenant should verify whether the landlord’s claimed rent, notice dates and legal basis are accurate.

The tenant may propose settlement terms without admitting the landlord’s legal allegations.

Frequently Asked Questions

Is mediation compulsory for every rental dispute?

Mediation is compulsory before most lawsuits arising from rental relationships. The principal exception concerns the specific non-judicial eviction procedures under the Enforcement and Bankruptcy Law.

Is settlement compulsory?

No. Only applying to and completing the mediation process is compulsory. The parties remain free to reject settlement.

Does a need-based eviction lawsuit require mediation?

Yes. The landlord must generally complete mandatory mediation before filing a housing or workplace need-based eviction lawsuit.

Does a rent determination lawsuit require mediation?

Yes. Rent determination and rent adaptation lawsuits are subject to mandatory mediation.

Does a security deposit claim require mediation?

Yes. A tenant must generally complete mediation before filing a lawsuit seeking return of the deposit.

Is mediation required before starting enforcement for unpaid rent and eviction?

Not before using the specific non-judicial eviction procedure regulated by the Enforcement and Bankruptcy Law. A separate court action may still require mediation.

How long does the process take?

The mediator must normally complete the process within three weeks after appointment and may extend it by a maximum of one additional week where compulsory circumstances exist.

Does applying to mediation stop legal deadlines?

Limitation periods are suspended and forfeiture periods do not run from the application date until the final record is prepared.

What happens if mediation is skipped?

The lawsuit is dismissed procedurally because the mandatory precondition has not been satisfied.

Must the final record be attached to the lawsuit?

Yes. If mediation was completed but the record was not attached, the court grants a one-week final period. If no mediation application was made, the case is dismissed directly.

Can a tenant be evicted through a mediation agreement?

The parties may agree on an exact evacuation date. An enforceability annotation must be obtained in accordance with Article 18/B before compulsory enforcement.

Which court gives the enforceability annotation?

For agreements connected with immovable property, the Civil Court of Peace at the place where the property is located generally gives the annotation.

Are mediation discussions confidential?

Yes. Settlement proposals, statements and documents created solely for mediation are generally confidential and cannot ordinarily be used as evidence.

Can a lawyer participate?

Yes. Legal representation is not compulsory, but professional assistance is strongly recommended where the agreement concerns eviction, significant rental differences or broad waivers.

Conclusion

Mandatory mediation in rental disputes in Turkey is now an essential part of rental-law procedure.

Since 1 September 2023, landlords and tenants must apply to mediation before filing most lawsuits arising from residential and commercial rental relationships.

The requirement covers rent determination, rent adaptation, unpaid rent, security deposits, property damage and most court-based eviction claims.

The principal exception concerns the statutory non-judicial eviction procedures under the Enforcement and Bankruptcy Law. This exception must be distinguished from direct rental lawsuits, which generally remain subject to mediation.

A claimant who files a lawsuit without completing the required process risks immediate procedural dismissal.

Mediation also affects strict rental-law deadlines. Limitation and forfeiture periods do not run between the application and the final record, but a right that expired before the application is not revived.

If no settlement is reached, the final record allows the claimant to proceed to court.

If the parties reach an agreement, the terms must be drafted clearly. Evacuation dates, rent amounts, payment schedules, deposit deductions and key-delivery obligations should be definite and enforceable.

Agreements concluded under Article 18/B require an enforceability annotation from the competent Civil Court of Peace.

For landlords, mediation provides an opportunity to obtain a predictable evacuation or payment arrangement without lengthy litigation.

For tenants, it offers the possibility of negotiating relocation time, rent, deposit and payment terms while avoiding immediate court proceedings.

The process should nevertheless be approached with the same care as litigation. An incomplete application, missed deadline or broadly drafted settlement may result in significant loss of rights.

Both landlords and tenants should therefore obtain individual legal advice before filing a mediation application, accepting settlement terms or commencing a rental lawsuit.

Legal Disclaimer: This article provides general information concerning mandatory mediation in rental disputes in Turkey and does not constitute legal advice. Each dispute must be assessed according to the rental agreement, legal claim, notices, payment records, statutory deadlines, mediation documents and specific circumstances of the parties.