Annotating a Rental Agreement in the Turkish Land Registry

on July 17, 2026

A rental agreement ordinarily creates contractual rights and obligations between the landlord and tenant. The landlord must allow the tenant to use the property under the agreed conditions, while the tenant must pay rent, use the premises carefully and return them when the rental relationship ends.

In most cases, the rental agreement is not recorded in the Turkish Land Registry. The parties sign a written lease, the property is delivered and the tenant begins using it without any separate title-deed transaction.

However, Turkish law permits the tenant’s rental right to be annotated in the Land Registry. This procedure is known in Turkish as “kira sözleşmesinin tapu siciline şerhi” or “kira şerhi.”

The annotation becomes particularly important in long-term commercial leases, substantial tenant-investment projects, hotels, factories, logistics facilities, shopping centres, fuel stations, clinics and other arrangements where the tenant’s business depends heavily on remaining in the same property.

Article 312 of the Turkish Code of Obligations No. 6098 provides that the parties may agree to annotate the tenant’s rental right in the Land Registry in leases concerning immovable property.

Article 1009 of the Turkish Civil Code No. 4721 establishes the principal legal effect. Rental rights are among the personal rights that may be annotated in the title register. Once annotated, the right may be asserted against persons who subsequently acquire rights over the same property.

A lease annotation does not transfer ownership to the tenant and does not create an easement, usufruct or another independent limited real right. The tenant’s right remains contractual in origin. Nevertheless, the annotation gives that personal right an enhanced effect against later purchasers and other persons acquiring rights over the property.

The annotation should not be treated as an absolute guarantee that the tenant can remain under all circumstances. It does not eliminate the landlord’s statutory termination rights, cure an invalid lease, override earlier mortgages or protect a tenant who fails to pay rent. Its effect depends on the content of the lease, the date and scope of the annotation and the priority of other rights recorded in the register.

This guide explains the legal basis, application procedure, required documents, costs, effects, duration and removal of rental agreement annotations in Turkey.

What Is a Lease Annotation?

A lease annotation is the recording of the tenant’s contractual rental right in the annotations section of the title register for the relevant property.

The Tapu and Cadastre General Directorate defines the procedure as annotating in the Land Registry a rental agreement concluded between the property owner and tenant.

The annotation generally identifies matters such as:

The existence of the rental right;
The tenant;
The property concerned;
The annotation period;
The date of the transaction;
The Land Registry journal number; and
Where applicable, the contractual value.

Under Article 51 of the Land Registry Regulation, annotations are entered in the relevant column together with their subject, duration, date, journal number and value where one exists. If the property is later transferred, the annotation remains in the register; the former owner’s name is replaced with the new owner’s name without changing the original annotation date and journal number.

Is Land Registry Annotation Necessary for a Valid Lease?

No.

A lease concerning immovable property is ordinarily valid between the landlord and tenant without Land Registry annotation.

The annotation is not a general validity condition for residential or commercial leases. A tenant may have an enforceable rental agreement even though nothing appears in the title register.

The difference concerns the persons against whom the tenant may assert the contractual right.

An unannotated lease primarily operates within the contractual relationship. Turkish law separately provides important protection where the property is sold. Article 310 of the Turkish Code of Obligations states that when rented property changes ownership after the lease is concluded, the new owner becomes a party to the rental agreement.

Therefore, a voluntary sale does not normally terminate an existing lease merely because the agreement was not annotated.

The annotation nevertheless provides additional protection and public notice. It becomes especially valuable where competing mortgages, attachments, limited real rights, enforcement sales or complicated ownership transactions may affect the tenant.

Legal Basis Under Article 312

Article 312 states that in leases of immovable property, the parties may contractually agree that the tenant’s rental right will be annotated in the Land Registry.

The wording contains an important requirement: the annotation must be based on an agreement.

A tenant cannot ordinarily appear at the Land Registry and unilaterally annotate an ordinary lease that contains no landlord consent or annotation authority.

The rental agreement should therefore contain a clear clause such as:

“The landlord consents to the annotation of the tenant’s rental right arising from this agreement in the Land Registry for the contractual lease period. The tenant is authorised to complete the necessary application and registration procedures.”

The wording should identify:

The property;
The tenant;
The lease period;
The right to request annotation;
Who will apply;
Who will pay the costs;
Whether amendments will also be annotated; and
How the annotation will be removed after termination.

A general statement that the tenant may “use the property securely” is not equivalent to express consent to a title annotation.

Article 1009 and Third-Party Effect

Article 1009 of the Turkish Civil Code lists rental agreements among the personal rights capable of being annotated.

It provides that, after annotation, the right may be asserted against persons who later acquire rights over the property.

This means that a subsequent purchaser, mortgagee or holder of another later-created right cannot simply disregard the annotated rental right.

The phrase “subsequently acquired rights” is crucial.

The annotation does not ordinarily defeat rights that were already registered before it. A mortgage established before the lease annotation may therefore have priority over the tenant’s later-annotated right.

Before signing a long-term lease and investing in the premises, the tenant should obtain a complete title record and examine:

Existing mortgages;
Attachments;
Injunctions;
Usufruct rights;
Construction rights;
Family-home annotations;
Purchase options;
Pre-emption rights;
Earlier leases; and
Other restrictions.

Annotation should not be treated as a method of retroactively taking priority over rights already recorded.

Annotation Does Not Create Ownership or an Easement

The legal classification of the annotation is important.

Ownership, easements and mortgage rights are registered as real rights under Article 1008 of the Turkish Civil Code. A lease is listed separately under Article 1009 as a personal right that may be annotated.

The tenant therefore does not acquire:

Ownership;
A share in the property;
An independent usufruct;
A residence right;
A construction right;
A mortgage right; or
An unrestricted right enforceable independently from the lease.

The annotation is dependent on the underlying rental agreement.

If the lease is invalid, expires or is lawfully terminated, the annotation does not ordinarily continue to provide an independent right of occupation.

This distinction also affects tax, transfer, inheritance and enforcement consequences.

Which Rental Agreements May Be Annotated?

Article 312 concerns leases of immovable property.

Potentially annotatable leases may include:

Residential apartments;
Houses and villas;
Offices;
Retail units;
Restaurants;
Hotels;
Factories;
Warehouses;
Logistics centres;
Workshops;
Agricultural land leases;
Shopping-centre units;
Fuel-station properties; and
Other registered immovable properties.

The Land Registry Regulation requires a written agreement for annotating an immovable-property lease.

The property must be sufficiently identifiable in the agreement. The lease should refer to the correct:

Province;
District;
Neighbourhood;
Block number;
Parcel number;
Independent-unit number; and
Registered property characteristics.

Using only a street address may create problems where the address does not correspond precisely with the title record.

Written Form Requirement

The Land Registry Regulation provides that a written agreement is required for annotating a real estate lease.

The written lease should be signed by the authorised landlord and tenant.

Although an ordinary written agreement may provide the documentary basis, notarisation is highly advisable in significant transactions because it can:

Verify signatures;
Confirm the date;
Reduce allegations of forgery;
Clarify representation authority;
Facilitate the Land Registry application;
Provide stronger evidence in an enforcement sale; and
Reduce disputes about the parties’ consent to annotation.

Land Registry practice may require the registered owner to participate in the application or may accept an application through a properly authorised person where the contract and authority satisfy the applicable requirements.

A tenant should not assume that possession of a photocopied lease automatically provides unilateral application authority.

Who Must Consent to the Annotation?

The person whose title will be affected must generally consent or be legally bound by an enforceable annotation obligation.

In a straightforward case, this person is the registered property owner.

Where the property has several owners, the ownership form must be examined.

For a lease annotation covering the whole property, the Land Registry will examine whether all registered owners or properly authorised representatives must participate. A single co-owner cannot ordinarily impose a title annotation affecting the other owners’ shares without sufficient authority.

Relevant ownership structures may include:

Sole ownership;
Shared ownership;
Joint ownership;
Inherited estate ownership;
Company ownership;
Foundation ownership;
Public ownership; and
Ownership subject to usufruct or another limited real right.

Where a company owns the property, the representative must have authority under the trade registry, articles of association, signature circular and relevant corporate resolutions.

Where the property belongs to an estate, completion of inheritance registration or participation of the legally authorised heirs or estate representative may be necessary.

Can a Non-Owner Landlord Authorise an Annotation?

A person may validly rent property without being its registered owner in certain circumstances. For example, the person may hold a usufruct right, act under a power of attorney or have contractual authority from the owner.

However, the existence of a valid landlord-tenant relationship does not automatically mean that the landlord may create a title annotation.

The Land Registry will examine whether the person has sufficient authority to affect the registered property.

Where the landlord acts under a power of attorney, the authority should expressly cover:

Entering into the lease;
Agreeing to Land Registry annotation;
Applying for the annotation;
Signing Land Registry documents; and
Where relevant, requesting its removal.

A general authority to manage or rent the property may not always be interpreted as authority to create a long-term title annotation.

Lease by a Usufruct Holder

A usufruct holder ordinarily has extensive rights to possess and use the property and may, depending on the terms of the usufruct, rent it to another person.

A rental right derived from usufruct cannot normally continue more strongly or for longer than the legal right from which it originates.

If the usufruct ends because of expiry, death or another statutory reason, the derived rental position may also be affected.

The tenant should therefore examine:

Who owns the bare title;
Who holds usufruct;
The duration of the usufruct;
Whether the usufruct holder may grant the intended lease;
Whether the bare owner consents; and
What happens when the usufruct ends.

A tenant making substantial long-term investments should not rely solely on a lease granted by a short-term usufruct holder without analysing the underlying right.

Application Through the Land Registry

The annotation is processed by the competent Land Registry directorate.

The application may be initiated through the Web Tapu system. The Tapu and Cadastre General Directorate explains that an owner may use Web Tapu to submit an online application and send the necessary documents electronically before the transaction reaches its signature or completion stage.

Depending on the parties and documents, the process may include:

Submission of the application;
Identification of the relevant property;
Uploading the lease and authority documents;
Examination by the Land Registry;
Notification of missing documents;
Calculation of fees;
Payment of the title fee and revolving-fund charge;
Verification of identities and authority;
Signature of the required application documents; and
Entry of the annotation into the title register.

Starting through Web Tapu does not necessarily mean that every case can be completed without personal attendance or authorised representation.

Documents Commonly Required

The exact document list may vary according to the parties, property and representation structure.

The official Tapu and Cadastre guidance identifies the written rental agreement, identification documents and representation documents among the principal items used for a lease annotation.

A practical application file may include:

The written rental agreement;
A clause authorising annotation;
Identification documents;
Title information;
A power of attorney where a representative acts;
Company authority documents;
Trade registry records;
Signature circulars;
Corporate resolutions;
Evidence concerning co-owners;
A compulsory earthquake insurance policy number where required for the property and transaction;
Certified translations for foreign-language documents;
Apostille or consular certification where required; and
Payment documents.

The relevant Land Registry should be consulted before application because technical document practices and electronic submission requirements may change.

Foreign Parties

Foreign individuals and foreign-owned companies may also be landlords or tenants under leases capable of annotation.

A foreign party may need to provide:

A passport;
Turkish tax number or foreign identification number;
Translated corporate documents;
Certificate of activity;
Good-standing certificate;
Representation documents;
Apostille;
Consular certification; and
A sworn Turkish translation.

The Land Registry transaction is conducted in Turkish.

Where a party does not understand Turkish, a qualified interpreter may be required during the formal process.

The parties should also check whether the rent currency complies with Turkish currency-protection legislation. The fact that the lease will be annotated does not validate a prohibited foreign-currency rent clause.

Title Fee and Revolving-Fund Charge

A lease annotation is subject to a title-deed fee and the annually determined revolving-fund service charge.

The Tapu and Cadastre General Directorate states that the title fee is calculated under item 10 of Tariff No. 4 attached to the Fees Law and that a separate revolving-fund charge is collected according to the annual tariff.

The title fee is generally assessed by reference to the rent over the contractual lease period. The exact calculation should be confirmed with the Land Registry before the transaction, particularly where:

The rent changes annually;
Turnover rent applies;
The lease is indefinite;
Rent is partly in kind;
Additional rent exists;
The agreement is amended; or
A legally permitted foreign currency is used.

The parties should state in the agreement who will pay:

The title fee;
Revolving-fund charge;
Notary costs;
Translation costs;
Stamp tax;
Legal fees; and
Removal expenses.

An internal agreement allocating costs does not necessarily change which person the authority treats as the statutory fee payer.

What Information Appears in the Register?

The Land Registry Regulation requires the annotation to show its subject, duration, transaction date, journal number and value where applicable.

The entire lease is not ordinarily reproduced word for word in the title register.

The underlying document remains relevant for interpreting the tenant’s rights.

For this reason, the lease should clearly state:

Commencement date;
Expiry date;
Renewal terms;
Exact property;
Permitted use;
Tenant identity;
Whether part or all of the property is rented;
Transfer and subletting rules;
Termination rights; and
Annotation authority.

The register should not be expected to correct an ambiguous or poorly drafted agreement.

Effect of Sale of the Property

A lease annotation does not prevent the owner from selling the property.

The property may be transferred while subject to the visible annotation.

Article 51 of the Land Registry Regulation provides that when an annotated property is transferred, the former owner’s name is replaced with the new owner’s name while the original annotation date and journal number remain unchanged.

In addition, Article 310 of the Turkish Code of Obligations already provides that a purchaser becomes a party to the existing rental agreement.

The annotation therefore serves several purposes in a sale:

It places the purchaser on formal notice;
It reduces factual disputes over the existence and date of the lease;
It makes due diligence more reliable;
It protects the tenant’s right against subsequently acquired rights; and
It helps preserve the agreed long-term commercial structure.

A purchaser should review the underlying agreement rather than relying only on the short annotation entry.

Can the New Owner Still Seek Eviction?

Yes, where a statutory termination ground exists.

A lease annotation does not create an absolute right to remain until the recorded date regardless of all other circumstances.

The new owner may potentially use applicable termination grounds, including:

Genuine housing or workplace need;
Non-payment of rent;
Serious contractual breach;
A valid eviction undertaking;
Two justified notices;
Reconstruction;
Another suitable residence owned by the tenant; or
Completion of the statutory ten-year extension period.

The annotation prevents the purchaser from simply ignoring the lease. It does not remove mandatory provisions of Turkish rental law.

A clause stating that an annotated tenant can never be evicted for any reason would not override statutory termination rules.

New Owner’s Need Under Article 351

A purchaser may have a statutory right to request evacuation where the property is genuinely needed as a residence or workplace for the purchaser or specified relatives.

The purchaser must comply with the written-notice and filing requirements of Article 351.

Annotation does not necessarily eliminate this right.

The tenant should therefore distinguish between:

Eviction solely because ownership changed; and
Eviction based on a genuine statutory need arising from the new owner.

The first is generally not permitted. The second may be available if all legal conditions are proved.

Mortgages and Priority

One of the most important functions of annotation is its relationship with later mortgages and limited real rights.

If the lease is annotated before a mortgage is established, the mortgagee acquires the mortgage with the annotated rental right already visible in the register.

If the mortgage was registered first, a later lease annotation cannot ordinarily prejudice the earlier-ranking mortgagee merely by being entered afterward.

This follows from Article 1009’s rule that the annotated personal right may be asserted against holders of rights acquired after the annotation.

The sequence may be illustrated as follows:

Lease Annotation Before Mortgage

Lease is signed.
Rental right is annotated.
Bank mortgage is registered later.

The bank acquires its security after the annotated lease and must assess the property subject to the visible tenant right.

Mortgage Before Lease Annotation

Bank mortgage is registered.
Lease is signed later.
Rental right is annotated afterward.

The tenant’s annotation generally cannot take priority over the existing mortgage.

For a long-term commercial tenant, examining the title before paying fit-out costs is therefore essential.

Attachments and Enforcement Sales

The annotation may also become important where the landlord’s creditors attach the property and it is later sold through enforcement.

Article 135 of the Enforcement and Bankruptcy Law provides a special procedure for delivering auctioned property. A person occupying the property may face a 15-day evacuation order unless occupation is based on an agreement evidenced by an official document created before the attachment.

An earlier Land Registry lease annotation provides strong public evidence concerning:

The existence of the lease;
Its date;
The tenant;
The property; and
The public visibility of the right.

A notarised lease predating the attachment may also become relevant under Article 135 even if no annotation exists.

However, the outcome of an enforcement sale depends on several factors:

Whether the lease predates the mortgage or attachment;
When the annotation was entered;
The rank of competing rights;
The sale specifications;
The auction decision;
The tenant’s evidence; and
Applicable Court of Cassation practice.

A lease annotation entered after attachment should not be assumed to defeat the auction purchaser.

Annotation and Property Valuation

An annotated long-term lease may affect the property’s marketability and valuation.

A potential purchaser will usually examine:

Remaining lease period;
Current rent;
Rent increase provisions;
Termination rights;
Tenant creditworthiness;
Property-use restrictions;
Renewal options;
Assignment rights; and
Whether the rent is above or below market value.

An owner may therefore be reluctant to grant a long-term annotation because it reduces flexibility.

The tenant may be willing to accept:

A higher deposit;
A bank guarantee;
A minimum operating period;
An annotation fee contribution;
Restricted transfer rights; or
A specific deletion mechanism

in exchange for title-based protection.

The commercial terms should be negotiated before the lease is signed.

Long-Term Commercial Leases

Lease annotation is most useful where the tenant makes substantial investments that cannot easily be relocated.

Examples include:

Hotel conversions;
Factory production lines;
Fuel station installations;
Medical centres;
Private schools;
Restaurants with major fit-out;
Logistics hubs;
Data centres;
Renewable energy support facilities; and
Long-term retail flagship stores.

The tenant should consider making delivery, construction expenditure or full rent commencement conditional on completion of the annotation.

A commercial lease may state that:

The landlord must complete the annotation within a specified period;
The tenant may terminate if annotation is refused;
Investment obligations begin only after annotation;
The landlord must not create earlier-ranking security before annotation;
The landlord must provide updated title records; and
Annotation costs will be allocated between the parties.

Without such conditions, the tenant may spend substantial sums before discovering that the property is already heavily mortgaged or that a co-owner refuses consent.

Residential Lease Annotation

Residential leases may also be annotated, although the procedure is less common.

A residential tenant may seek annotation where:

The lease has a long fixed period;
The tenant makes substantial lawful improvements;
The landlord plans to sell;
Ownership is subject to complex arrangements;
The tenant has prepaid significant rent; or
Long-term housing stability is commercially important.

Residential tenants already receive extensive protection under the Turkish Code of Obligations. The purchaser normally becomes landlord under Article 310, and the original landlord cannot terminate solely because the fixed term expires.

The costs and administrative burden of annotation may therefore outweigh the benefit in an ordinary one-year apartment lease.

Does Annotation Freeze the Rent?

No.

The annotation does not prevent a lawful rent increase.

The rent continues to be governed by:

The rental agreement;
Article 344 of the Turkish Code of Obligations;
Consumer Price Index limits;
Five-year rent-determination rules;
Foreign-currency restrictions; and
Any valid court determination.

The annotation protects the rental right described in the agreement. It does not permanently freeze the original monetary rent unless a legally valid provision produces that result.

If the parties amend the rent or other important terms, the amendment does not automatically appear in the title register.

Lease Amendments

A rental relationship may change after annotation.

The parties may amend:

The duration;
The rented area;
The tenant;
The permitted use;
Renewal rights;
Assignment rights;
The rent structure; or
Other significant provisions.

Where the parties want the amended right to have the same third-party effect, they should consider annotating the amendment or updating the existing entry.

A private extension agreement is not automatically reflected in the original annotation.

For example, if a five-year annotated lease is later extended privately for another ten years, a purchaser examining the register may see only the original five-year annotation unless the entry is updated.

Transfer of the Lease

If the commercial rental relationship is transferred to a new tenant under Article 323, the existing title annotation does not necessarily update itself automatically.

The parties should examine whether:

The incoming tenant must be recorded;
The landlord has consented;
The transfer document satisfies the Land Registry;
Existing annotations must be removed and recreated;
The remaining duration continues; and
Fees are payable.

A purchaser of the tenant’s company shares does not ordinarily change the tenant legal entity. By contrast, an actual lease transfer replaces the tenant and may require a title-record update.

Subletting

A sublease does not normally transfer the principal tenant’s annotated right to the subtenant.

The principal tenant remains the tenant under the main agreement.

The subtenant’s rights derive from the principal tenant and cannot ordinarily exceed:

The main lease period;
The permitted use;
The principal tenant’s area;
Assignment restrictions; or
The landlord’s consent.

A subtenant should not assume that the main tenant’s annotation gives the subtenant an independent right directly against the property owner.

Any proposed annotation benefiting the subtenant requires a separate legal and Land Registry analysis.

Does the Annotation Automatically Disappear When the Lease Ends?

No.

The physical record does not necessarily disappear automatically on the lease-expiry date.

The Land Registry Regulation states that where an annotated personal right has a fixed duration, the property owner may request deletion after that period expires.

Official Tapu and Cadastre guidance similarly explains that a lease annotation is not removed without a request merely because the contractual period has ended.

This distinction is important:

The contractual right may have ended.
The title entry may still remain visible.
A separate deletion process may be needed.

A stale annotation can delay a sale, mortgage or refinancing transaction even where the tenant no longer occupies the property.

Removal by Consent

The simplest method is a deletion request supported by the entitled person’s consent.

The tenant may agree to removal when:

The lease expires;
The property is returned;
A mutual termination agreement is signed;
The tenant receives a settlement payment;
The lease is transferred; or
A new annotation replaces the former entry.

The handover protocol should regulate:

Key delivery;
Final rent;
Deposit return;
Damage;
Outstanding expenses;
Mutual release; and
Removal of the annotation.

The landlord should not return the entire deposit or final settlement amount without ensuring that the agreed deletion documents will be completed.

The tenant should not consent to deletion before receiving any payment or protection promised in exchange.

Removal After the Recorded Period Expires

Article 69 of the Land Registry Regulation allows the owner to request deletion where the fixed duration of an annotated personal right has expired.

The owner should submit:

The deletion request;
Identification;
Authority documents;
The title information;
Evidence that the recorded period ended; and
Required fee payments.

If the lease continued through a later amendment that was not reflected in the title record, a dispute may arise.

The tenant should therefore ensure that any valid extension intended to retain third-party protection is also reflected in the register.

Removal Where the Lease Ended for Another Reason

The lease may end before the recorded date because of:

Mutual termination;
Tenant default;
Eviction judgment;
Serious breach;
Destruction of the property;
Merger of legal positions;
Valid early termination; or
Another legal cause.

Article 69 also permits the owner to request deletion where the annotated personal right has otherwise ended and the record has lost its legal value.

If the Land Registry grants the request, interested persons may challenge the deletion in court within 30 days from notification.

Where the tenant disputes termination, the owner may need a final court decision rather than relying solely on a unilateral statement that the lease has ended.

What If the Landlord Refuses to Complete the Annotation?

A landlord may sign a lease containing a clear annotation obligation and later refuse to participate.

The tenant may demand performance of the contractual obligation.

The appropriate remedy may involve:

A formal notice;
Mandatory mediation;
A lawsuit seeking performance;
A court order capable of supporting the annotation;
Compensation for loss;
Suspension of investment obligations; or
Termination where the breach is fundamental.

Since 1 September 2023, disputes arising from rental relationships are generally subject to mandatory mediation before litigation, except for the specific non-judicial eviction route under the Enforcement and Bankruptcy Law.

The exact claim and competent court should be assessed according to whether the dispute principally concerns performance of the rental agreement, correction of the title register or another property-law remedy.

Which Court Handles Annotation Disputes?

Civil Courts of Peace generally hear disputes arising from rental relationships.

However, a claim directly seeking correction, cancellation or registration in the Land Registry may require a separate jurisdictional analysis depending on:

The legal basis;
The identity of the claimant;
Whether the lease itself is disputed;
Whether title registration is sought;
Whether a Land Registry decision is challenged;
Whether the matter concerns ownership; and
Whether the claim is directed against the landlord, Land Registry or a third-party right holder.

The pleading should identify precisely whether the claimant seeks:

Contractual performance;
An order replacing the landlord’s declaration;
Registration of an annotation;
Prevention of interference;
Removal of a wrongful annotation;
Correction of the register; or
Compensation.

Using the wrong procedural route may delay protection while competing rights are registered.

Evidence in an Annotation Dispute

The parties should preserve:

The original rental agreement;
Annotation clause;
Notarial documents;
Title records before and after signing;
Mortgage and attachment records;
Correspondence;
Landlord consent;
Web Tapu applications;
Rejection notices;
Fee receipts;
Company authority records;
Powers of attorney;
Handover records;
Lease amendments;
Mediation documents; and
Evidence of tenant investments.

The tenant should obtain an updated title record immediately before signing and again before making significant payments.

Common Mistakes Made by Tenants

The most common mistake is assuming that a clause mentioning “long-term tenant protection” automatically authorises title annotation.

Other mistakes include:

Failing to inspect existing mortgages;
Investing before annotation is completed;
Using only the street address;
Failing to obtain all owners’ consent;
Relying on a non-owner landlord;
Failing to authenticate foreign documents;
Assuming the annotation overrides statutory eviction rights;
Failing to annotate lease extensions;
Ignoring enforcement notices;
Failing to update the tenant after a lease transfer; and
Assuming the entry disappears automatically after expiry.

The annotation should be treated as part of the transaction closing process rather than an informal step to be completed later.

Common Mistakes Made by Landlords

Landlords may also create unnecessary risk by:

Signing a broad annotation clause without limiting duration;
Authorising annotation before reviewing existing finance agreements;
Ignoring mortgage covenants;
Failing to obtain co-owner approval;
Allowing annotation of an incorrect area;
Failing to regulate amendment procedures;
Agreeing to an annotation period longer than the intended lease;
Forgetting to request deletion;
Selling the property without disclosing the underlying lease;
Assuming annotation prevents sale; and
Attempting unilateral deletion while the lease remains disputed.

A landlord should review the effect on future sale, refinancing and redevelopment before granting annotation rights.

Practical Checklist for Tenants

Before requesting annotation, a tenant should:

Obtain the complete title record.
Identify every owner and limited real-right holder.
Review mortgages and attachments.
Verify the landlord’s authority.
Describe the property accurately.
Include an express annotation clause.
Specify the annotation duration.
Regulate costs.
Use a written and preferably notarised lease.
Make investment obligations conditional on annotation.
Submit the application promptly.
Verify the completed title entry.
Annotate material extensions and amendments.
Preserve every Land Registry document.
Monitor the title during a long-term commercial lease.

Practical Checklist for Landlords

Before consenting, a landlord should:

Review the proposed duration.
Examine existing mortgage agreements.
Obtain co-owner and corporate approvals.
Limit the annotation to the exact property and lease.
State whether the tenant may apply independently.
Allocate fees and taxes.
Regulate lease transfers and subletting.
Define amendment procedures.
Require suitable tenant security.
Regulate deletion after termination.
Link settlement payments to removal.
Disclose the annotation in sale negotiations.
Preserve the original application file.
Request deletion when the right ends.
Avoid attempting deletion during an unresolved dispute without legal review.

Frequently Asked Questions

Is a rental agreement invalid if it is not annotated?

No. Most rental agreements are valid without Land Registry annotation.

What is the main benefit of annotation?

It allows the tenant’s personal rental right to be asserted against persons who acquire rights over the property after the annotation.

Does annotation make the tenant an owner?

No. The tenant receives no ownership share or independent limited real right.

Can the tenant annotate the lease without landlord consent?

Not ordinarily. Article 312 requires a contractual agreement concerning annotation.

Must the lease be written?

Yes. The Land Registry Regulation requires a written agreement for annotation of an immovable-property lease.

Must the agreement be notarised?

Notarisation is not stated as a universal validity condition for every lease annotation, but it is strongly advisable and may facilitate proof, authority and application procedures.

Can a residential lease be annotated?

Yes. Both residential and commercial immovable-property leases may potentially be annotated.

Can the owner still sell the property?

Yes. The annotation does not prohibit sale. It remains visible and continues with the transferred property.

Does an unannotated lease end when the property is sold?

No. Article 310 generally makes the purchaser a party to the existing lease.

Why annotate if Article 310 already protects the tenant?

Annotation provides public notice and additional protection against later mortgages, limited real rights and enforcement-related risks.

Can a new owner still file an eviction lawsuit?

Yes, where a statutory termination ground exists. Annotation does not eliminate need-based eviction, default or other lawful grounds.

Does annotation override an earlier mortgage?

Not ordinarily. Article 1009 protects the tenant against rights acquired after the annotation, not earlier-ranking rights.

What happens if the property is sold through enforcement?

The result depends on the dates of the lease, annotation, mortgage and attachment, together with Article 135 and the auction record. Earlier annotation or another official pre-attachment document may provide important protection.

Does the annotation freeze the rent?

No. Lawful rent increases and rent-determination rules continue to apply.

Does a private extension automatically extend the annotation?

No. A material extension should be reflected in the title register if third-party effect is intended.

Is the annotation automatically deleted when the lease expires?

No. The owner may request deletion after the recorded period ends.

Can the owner remove it before expiry?

Only where the tenant consents, an authorised decision exists or the lease has legally ended and the applicable deletion procedure is satisfied.

Can a stale annotation block a sale?

It does not legally prohibit every sale, but it may delay the transaction or affect financing until its status is clarified.

Are fees payable?

Yes. A title fee under the Fees Law and the annually determined revolving-fund charge are generally payable.

Can an application be started online?

Yes. Web Tapu may be used to initiate the application and upload documents, although further identity or signature steps may still be required.

Is mediation required if the landlord refuses annotation?

A dispute based on the rental relationship is generally subject to mandatory mediation before a covered lawsuit is filed.

Conclusion

Annotating a rental agreement in the Turkish Land Registry provides enhanced protection for a tenant’s contractual right.

Article 312 of the Turkish Code of Obligations permits the parties to agree that the tenant’s rental right will be annotated.

Article 1009 of the Turkish Civil Code gives the annotation its principal effect: the rental right may be asserted against persons who subsequently acquire rights over the property.

The annotation does not create ownership, usufruct or another independent real right. The tenant’s right remains dependent on the underlying lease.

An ordinary lease remains valid without annotation. A purchaser also generally becomes a party to the existing rental agreement under Article 310.

Nevertheless, annotation provides public notice and becomes particularly important in long-term commercial leases, substantial tenant-investment projects, mortgage transactions and enforcement sales.

The tenant must examine the title before signing. A later lease annotation does not ordinarily override an earlier mortgage or other existing right.

The rental agreement must be written and should contain express landlord consent to annotation. The property, duration, tenant and annotation authority should be identified precisely.

Where the property has several owners or is subject to usufruct, company ownership, inheritance or representation, all necessary authority documents and approvals must be obtained.

The application may be initiated through Web Tapu, but the Land Registry may require additional identity, signature and representation procedures.

A title fee and revolving-fund charge are generally payable.

The annotation does not prevent sale, mortgage or lawful termination of the lease. It also does not protect a tenant who defaults or breaches the agreement.

Important extensions, transfers and amendments should be reflected in the register if the parties want them to have the same third-party effect.

The annotation does not automatically disappear when the lease expires. A separate deletion request may be necessary.

In long-term leases, the annotation clause, application process and deletion mechanism should therefore be negotiated together with rent, duration, tenant investment and termination provisions.

Legal Disclaimer: This article provides general information concerning annotation of rental agreements in the Turkish Land Registry as of July 2026. It does not constitute legal, tax or investment advice. Each transaction must be evaluated according to the rental agreement, title record, existing mortgages and attachments, property ownership, representation authority, annotation date, lease period, Land Registry practice and current judicial decisions.

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