Guarantors in Turkish Rental Agreements: Validity, Spousal Consent and Liability

on July 17, 2026

Landlords in Turkey frequently request a guarantor when the tenant has insufficient income, limited credit history, recently established a company or cannot provide another form of financial security. A parent may guarantee a student’s residential rent, a company shareholder may guarantee the company’s commercial lease or a business owner may guarantee rent payable by an affiliated company.

However, writing a person’s name in the “guarantor” section of a rental agreement and obtaining a signature does not necessarily create a valid guarantee under Turkish law.

Turkish suretyship law contains strict validity requirements designed to ensure that a person understands the extent, date and nature of the financial risk being accepted. A guarantee may be completely invalid where the maximum liability amount or suretyship date was printed rather than handwritten by the guarantor, where required spousal consent was not obtained or where the document contains only a general statement such as “I guarantee all debts of the tenant.”

The principal rules are found in Articles 581–603 of the Turkish Code of Obligations No. 6098. Under Article 581, a suretyship is an agreement under which the surety assumes personal responsibility to the creditor for the consequences of the principal debtor’s failure to perform. A valid principal obligation must generally exist, although a guarantee may also be provided for a future or conditional obligation, taking effect when that obligation arises.

Article 583 imposes qualified written-form requirements. The guarantor must state the maximum amount of liability and the date of the suretyship in their own handwriting. If the guarantor is to be jointly and severally liable, the words establishing that capacity, or an equivalent statement, must also be handwritten by the guarantor.

Article 584 normally requires the written consent of the guarantor’s spouse before or, at the latest, when the guarantee is concluded. Commercial exceptions exist, but they do not apply to every guarantor connected with a workplace lease.

The consequences of a defect can be significant. The rental agreement between the landlord and tenant may remain valid while the purported guarantee is unenforceable. The landlord may then have no claim against the person believed to be the guarantor.

This guide explains the validity, scope, duration and enforcement of guarantees in Turkish residential and commercial rental agreements.

What Is a Guarantor Under Turkish Rental Law?

The Turkish legal concept commonly translated as “guarantor” is generally a surety, known as a kefil.

A surety does not become the tenant merely by guaranteeing the tenant’s obligations.

The principal rental agreement exists between:

The landlord; and
The tenant.

The suretyship agreement exists between:

The landlord as creditor; and
The guarantor as surety.

The tenant is the principal debtor. The guarantor provides additional personal security for some or all of the tenant’s obligations, subject to the written guarantee’s valid scope and maximum amount.

This distinction has several practical consequences.

The guarantor does not ordinarily receive a right to occupy the rented property. The guarantor cannot make decisions concerning renewal, termination or property use merely because financial responsibility was assumed. Similarly, the guarantor is not personally subject to an eviction order solely because of guarantor status.

A landlord may seek payment from a valid guarantor, but possession of the property must generally be recovered from the tenant and other persons holding occupation rights.

A Guarantor Is Not Automatically a Joint Tenant

Rental agreements sometimes list a person as both “guarantor” and “joint debtor” without explaining the intended legal status.

A genuine joint tenant is directly responsible for the rent because that person is a party to the rental agreement. A guarantor’s liability is accessory to the tenant’s principal obligation and is subject to the protective suretyship provisions.

The legal result does not depend only on the heading used in the document.

Courts may examine:

Whether the person was granted a right to occupy the property;
Whether the person was presented as a tenant;
Whether rent was directly undertaken as a primary debt;
Whether the person’s principal purpose was to provide security;
Whether the person signed only the guarantee section;
The parties’ negotiations; and
The substance of the commitment.

Article 603 provides that the rules concerning the form of suretyship, capacity and spousal consent also apply to other personal-security agreements made by natural persons under different names. Therefore, terms such as “guarantee,” “payment commitment” or “joint debtor and guarantor” cannot always be used to avoid the statutory protections if the transaction is substantively intended to secure another person’s debt.

A Valid Principal Rental Obligation Must Exist

Suretyship is accessory to the principal debt.

A guarantee may secure an existing and valid rental obligation. It may also secure future rent and conditional liabilities, provided that the principal obligation becomes legally effective.

If the principal rental obligation is invalid, paid, released or otherwise terminated, the guarantor will generally also be released because the guarantee depends on the principal obligation.

Article 598 expressly states that when the principal obligation ends for any reason, the surety is also discharged.

The invalidity of the guarantee does not automatically invalidate the lease. The tenant may remain fully liable even if the landlord cannot enforce the defective suretyship against the guarantor.

Written Form Is a Validity Requirement

A valid rental guarantee must be made in writing.

An oral promise such as “Rent the property to my son; I will pay if he does not” is not enough.

A simple telephone conversation, voice recording or informal statement may show the parties’ communications, but it does not replace the qualified written form required by Article 583.

The guarantee may appear:

In a separate section of the rental agreement;
In an attached guarantee document;
In a tripartite protocol;
In a separately signed suretyship agreement; or
In another written instrument referring clearly to the rental relationship.

The document should identify:

The landlord;
The tenant;
The guarantor;
The rented property;
The rental agreement;
The obligations secured;
The maximum liability;
The guarantee date;
The duration;
The suretyship type; and
Any applicable renewal periods.

A signature placed beneath a completely blank or vague guarantee section is highly risky and may not create a valid obligation.

Maximum Liability Must Be Handwritten

The guarantor must personally write the maximum amount for which they may be held responsible.

It is not sufficient for the amount to be:

Printed in the standard rental form;
Entered by the landlord;
Typed by a lawyer;
Added by the estate agent;
Written by the tenant; or
Inserted after the guarantor signs.

For example, the guarantor may personally write:

“I am liable as guarantor up to a maximum amount of TRY 600,000.”

The currency should be stated clearly.

Expressions such as the following are not a reliable substitute for a fixed maximum amount:

“I guarantee all debts.”
“I am responsible for every debt until the tenant leaves.”
“I guarantee the rent without limitation.”
“I am responsible until the landlord releases the tenant.”
“I guarantee all present and future losses.”

Article 589 provides that the guarantor is responsible in every case only up to the maximum amount stated in the suretyship agreement.

The maximum amount is therefore not merely an informational detail. It is both a validity requirement and an absolute financial ceiling.

The Suretyship Date Must Be Handwritten

The guarantor must also write the date of the guarantee personally.

The guarantee date identifies when the person accepted the risk and helps determine:

Whether the principal obligation existed;
Whether spousal consent was timely;
Whether the guarantee preceded or followed the lease;
Which debts are covered;
When the ten-year maximum period begins;
Whether a later amendment increased liability; and
Which version of the rental agreement was guaranteed.

A printed lease commencement date is not automatically the same as the handwritten suretyship date.

The guarantor should personally write a clear date such as:

“Suretyship date: 17 July 2026.”

Leaving the date blank or allowing another person to complete it later may invalidate the guarantee.

Joint and Several Suretyship Must Be Handwritten

Turkish law distinguishes ordinary suretyship from joint and several suretyship.

Where the landlord wants the guarantor to be a joint and several surety, the guarantor must personally write the words establishing that status or another expression with the same meaning.

A suitable handwritten statement may be:

“I am a joint and several surety.”

Merely printing “joint and several guarantor” in the document and obtaining the person’s signature does not reliably satisfy Article 583.

If the written formalities establish a guarantee but do not validly establish joint and several liability, the commitment may be treated, where otherwise valid, as an ordinary suretyship rather than a joint and several suretyship.

The distinction materially affects when the landlord may proceed against the guarantor.

Ordinary Suretyship

Under Article 585, the creditor generally cannot pursue an ordinary surety before pursuing the principal debtor.

There are statutory exceptions, including circumstances where:

Enforcement against the tenant results in a final certificate of insolvency;
Enforcement in Turkey becomes impossible or substantially more difficult;
The tenant is declared bankrupt; or
The tenant receives a concordat period.

Where the debt is secured by qualifying collateral, the ordinary surety may also have the right to require that the collateral be realised first, subject to the statutory exceptions.

Ordinary suretyship therefore provides the guarantor with a stronger “secondary liability” position.

Joint and Several Suretyship

Article 586 allows the creditor to pursue a joint and several surety without first completing enforcement against the principal debtor, provided that the principal debtor is in delay and a notice has remained unsuccessful or the debtor is clearly unable to pay.

In a rental dispute, this may allow the landlord to proceed against both the tenant and guarantor for unpaid rent.

However, joint and several suretyship does not remove:

The maximum liability limit;
The handwritten-form requirements;
The required spousal consent;
The guarantee duration;
The guarantor’s defences;
The prohibition against certain liability clauses; or
The ten-year limit applicable to a natural-person guarantor.

The phrase “joint and several” does not create unlimited liability.

The Guarantee Must Be Signed

The handwritten statements must form part of a signed written guarantee.

A practical guarantee section should therefore contain, in the guarantor’s own handwriting:

The maximum liability amount;
The guarantee date;
The joint and several suretyship statement, where applicable; and
The guarantor’s signature.

Other parts of the agreement may be typed.

The safest practice is to have the guarantor complete the mandatory statements and sign them in the presence of the other parties or legal counsel. A copy should immediately be given to the guarantor.

Standard electronic messages are particularly problematic because Article 583 requires specified elements to be written personally by the guarantor. A digital arrangement should not be relied upon without examining whether it satisfies both the written-signature rules and the statutory handwriting requirement.

Special Authority Is Required for Representation

A person signing a guarantee on behalf of another person must have special authority to provide the guarantee.

Article 583 expressly subjects authority to become a surety and a promise to provide suretyship to the same formal requirements.

A general power of attorney authorising a representative to sign contracts may not be sufficient.

The power of attorney should specifically authorise:

Acting as surety;
The relevant principal debt or transaction;
The maximum amount;
The suretyship type; and
Any other material limitation.

Landlords should review the original or authenticated authority document before accepting a representative’s signature.

Later Additions Cannot Cure the Original Defect

A landlord cannot normally validate a defective guarantee by later filling in the missing maximum amount, date or joint and several wording.

Article 583 also provides that later amendments increasing the guarantor’s liability are ineffective unless the suretyship form requirements are observed again.

For example, assume that the original handwritten maximum liability is TRY 300,000. Two years later, the landlord and tenant increase the guarantee limit to TRY 800,000 without obtaining a new compliant handwritten declaration from the guarantor.

The increase will not ordinarily bind the guarantor.

A valid increase should generally involve:

A new written amendment;
The guarantor’s handwritten new maximum amount;
The amendment date;
A new joint and several statement if relevant;
The guarantor’s signature; and
New spousal consent where the amendment increases the protected risk and no exception applies.

The original guarantee may continue within its earlier valid limits while the attempted increase remains ineffective.

Spousal Consent Is Generally Required

An evli natural person generally cannot become a guarantor without the other spouse’s written consent.

Article 584 requires that consent to be given:

Before the guarantee is concluded; or
At the latest, at the moment the guarantee is concluded.

Consent obtained after the guarantee was already signed does not ordinarily repair the original lack of consent.

Spousal consent is not required where:

A court has issued a separation decision; or
The guarantor has a legal right to live separately.

The consent requirement applies regardless of whether the spouses use a separation-of-property or participation-in-acquired-property matrimonial regime. The objective is to protect the family’s economic position from significant personal-security obligations.

What Should the Spousal Consent Document Contain?

The legislation requires written consent but does not prescribe one mandatory standard form.

A careful consent declaration should identify:

The consenting spouse;
The guarantor;
The tenant;
The landlord;
The rented property;
The rental agreement;
The maximum guaranteed amount;
The type of suretyship;
The guarantee date; and
The spouse’s express approval.

The declaration may be placed in the rental agreement or in a separate signed document.

A general statement such as “I consent to all guarantees my spouse may give in the future” creates serious validity and interpretation risks.

The safest practice is transaction-specific consent given with knowledge of the exact rental guarantee.

When Is New Spousal Consent Required?

Article 584 provides that new spousal consent is not required for later changes that do not:

Increase the guarantor’s maximum liability;
Convert ordinary suretyship into joint and several suretyship; or
Substantially reduce security benefiting the guarantor.

By implication, a change that increases the amount, worsens the suretyship type or materially removes protective security ordinarily requires new consent, unless a statutory exception applies.

For example, new consent should be considered where:

The guarantee limit is increased;
The guarantee is extended to additional rental years;
Ordinary suretyship becomes joint and several;
The guaranteed tenant changes;
The scope expands from rent only to all lease liabilities; or
Existing collateral is materially reduced.

Commercial Exceptions to Spousal Consent

Not every commercial guarantee requires spousal consent.

A third paragraph added to Article 584 provides limited exceptions, including guarantees given:

By the registered owner of a commercial enterprise in relation to that enterprise;
By a partner or manager of a commercial company in relation to that company;
By a registered tradesperson or craftsperson in relation to professional activity; and
In connection with certain statutorily specified supported loans and cooperative credit arrangements.

For rental agreements, the most relevant exception concerns a company partner or manager guaranteeing a lease connected with that company.

For example, where a limited company rents a shop and its registered shareholder or manager guarantees the company’s rent, the guarantee may fall within the commercial exception because it concerns the company’s activity.

However, the exception should not be applied broadly to every business-related friendship or transaction.

Spousal consent may still be required where:

The guarantor is not a shareholder or manager of the tenant company;
The guarantor is guaranteeing another unrelated company;
The lease is not connected with the guarantor’s registered enterprise;
The commercial status did not exist when the guarantee was given;
The guarantor is merely an employee; or
The transaction is personal rather than enterprise-related.

Court of Cassation decisions concerning the commercial exception emphasise the need for the guarantee to relate to the guarantor’s own company or enterprise rather than an unrelated business.

Even where spousal consent is not required, the handwritten maximum amount, date and joint and several wording requirements remain applicable.

What Obligations May Be Covered?

The scope depends on the guarantee wording and the maximum amount.

Under Article 589, the guarantor may, within the stated maximum, be responsible for:

The principal obligation;
Legal consequences of the tenant’s fault or default;
Litigation and enforcement expenses where the guarantor was informed sufficiently early to prevent them by paying;
Certain contractual interest; and
Other obligations properly included within the principal guaranteed relationship.

In rental practice, a properly drafted guarantee may potentially cover:

Unpaid rent;
Legally payable ancillary expenses;
Default interest;
Enforcement costs;
Litigation expenses;
Damage caused by breach of the lease; and
Property-return liabilities expressly covered by the guarantee.

However, the landlord must prove that the particular debt falls within the valid scope.

A guarantee stating only “monthly rent” should not automatically be treated as covering every form of property damage, common expense or post-termination occupation claim.

Contractual Penalties Cannot Be Shifted to the Guarantor

Article 589 states that agreements making the surety responsible for a contractual penalty are absolutely invalid.

Therefore, a lease clause cannot validly require the guarantor to pay a penalty merely because:

Rent was paid late;
The tenant failed to vacate on a specified date;
The tenant breached an operating-hours requirement;
The tenant terminated early; or
Another contractual penalty event occurred.

The tenant may remain responsible for a legally valid penalty clause, but the provision attempting to extend that penalty to the guarantor is independently invalid.

This restriction does not necessarily eliminate liability for an actual principal debt or legally established loss that falls within the guarantee. Contractual penalty and compensatory loss must be distinguished.

Earlier Debts Must Be Expressly Included

Unless the guarantee clearly states otherwise, the guarantor is responsible only for obligations arising after the suretyship agreement is concluded.

Article 589 expressly recognises this rule.

For example, assume that a tenant already owes four months’ rent when a new guarantor signs.

The guarantor will not automatically become responsible for those existing arrears merely by guaranteeing future performance.

To include earlier debts, the document should clearly identify:

Each unpaid month;
The amount;
The total existing debt;
The fact that the guarantor knowingly covers it; and
The overall maximum liability.

The formal and spousal-consent rules must still be satisfied.

The Maximum Amount Covers All Included Items

The maximum amount is the total ceiling, not a ceiling applying separately to each category.

For example, a guarantor who handwrittenly accepted maximum liability of TRY 500,000 cannot ordinarily be required to pay:

TRY 500,000 principal rent;
Plus additional interest;
Plus legal costs;
Plus damage

beyond the stated ceiling.

Article 589 states that the guarantor is responsible in every case only up to the agreed maximum.

The landlord should therefore calculate every claimed component within the guarantee limit.

The guarantor should check whether the enforcement demand improperly exceeds the handwritten maximum.

Effect of Annual Rent Increases

Annual rent increases do not automatically increase the guarantor’s handwritten maximum liability.

Assume that the lease begins with monthly rent of TRY 25,000 and the guarantor’s maximum liability is TRY 300,000.

If the monthly rent later rises to TRY 45,000, the landlord’s total claim against the guarantor still cannot exceed TRY 300,000.

Whether increased rent within that ceiling is covered depends on:

The guarantee wording;
The relevant rental period;
Whether the increase was legally valid;
Whether the guarantee continues during that period; and
Whether the increase created a new or materially expanded obligation.

A rent increase agreed without the guarantor cannot, by itself, rewrite the handwritten maximum amount.

Guarantees During Automatic Lease Extensions

Residential and roofed workplace leases frequently continue through statutory annual extensions.

The tenant’s lease may continue, but the guarantor’s liability does not automatically continue indefinitely.

The Court of Cassation’s 12th Civil Chamber held in its decision dated 21 January 2025, numbered E. 2024/6698 and K. 2025/379, that a guarantee lacking handwritten maximum liability and guarantee date was invalid. The Court also reaffirmed that, for guarantor liability to continue during extended rental periods, the agreement must expressly state that the guarantee applies to those periods and must clearly identify the maximum duration and maximum amount of liability during the extension. A broad clause stating that the guarantor remained responsible until the tenant was released was found insufficient.

Therefore, clauses such as the following are unsafe:

“The guarantor is responsible for as long as the tenant remains.”
“The guarantee continues during every renewal.”
“The guarantor remains liable until the landlord gives a release.”
“All future lease extensions are guaranteed without limit.”

A valid extension arrangement should identify both:

The longest extension period covered; and
The maximum amount applicable to that period.

Fixed-Term Guarantees

A guarantee may be concluded for a definite period.

For example, the guarantor may personally agree to be responsible:

Only for the first rental year;
Until a specified date;
For 24 months; or
During an identified original contractual term.

Article 600 provides that a guarantor under a fixed-term suretyship is released at the end of the stated period.

The tenant’s continued occupation does not automatically extend a fixed-term guarantee.

The landlord should obtain a new compliant guarantee before the period ends if continued security is required.

Ten-Year Maximum for Natural-Person Guarantees

Every guarantee given by a natural person automatically ends ten years after the suretyship agreement is concluded, regardless of whether the document attempts to create a longer period.

A natural-person guarantor may be pursued only until the ten-year period expires unless the guarantee is validly extended or replaced.

An extension may be made for a new period of up to ten years, but it may be executed no earlier than one year before the original guarantee ends and must comply with the statutory suretyship form.

This protection is particularly relevant to long commercial leases.

A clause stating that an individual guarantor is liable for 20 years does not override Article 598.

Indefinite Guarantees and the Guarantor’s Right to Require Action

Article 601 gives an indefinite guarantor a mechanism to prevent the creditor from leaving the risk unresolved indefinitely after the principal debt becomes due.

Subject to the statutory conditions, the guarantor may request that the creditor commence legal or enforcement action against the principal debtor within one month and continue the process without interruption. If the creditor fails to comply, the guarantor may be released.

The procedure is technical.

A guarantor intending to rely on Article 601 should make a clear and provable written demand and obtain advice regarding the maturity of the relevant rental debt and the type of suretyship.

What Happens When the Lease Ends?

Termination of the rental agreement does not necessarily mean every existing guaranteed debt disappears immediately.

Rent and covered liabilities that arose before termination may remain payable.

However, new liabilities arising after the guarantee period, after proper return of the property or outside the agreed scope may not bind the guarantor.

Disputes frequently concern:

Rent until key delivery;
Occupation compensation after termination;
Damage discovered at handover;
Unpaid common expenses;
Utility debts;
Restoration expenses; and
Loss caused by late evacuation.

Whether the guarantor is responsible depends on the wording, maximum amount, duration and legal nature of the claim.

A general rental guarantee should not automatically be treated as covering unlimited occupation compensation after the lease has ended.

The Guarantor Is Not Personally Subject to Eviction

A guarantor’s role is ordinarily financial.

The landlord may include a valid guarantor in proceedings seeking payment of rent, but an eviction order concerns the tenant’s possession and occupancy rights.

A person who is only a guarantor cannot personally deliver possession unless that person also occupies the property or is independently a tenant.

The guarantor’s payment of overdue rent may prevent a default-based eviction where payment is completed within the statutory cure period, because payment discharges the principal debt. However, guarantor status alone does not give the person full control over the tenant’s decisions or the use of the property.

Defences Available to the Guarantor

The guarantor may rely on the tenant’s substantive defences, except for those arising solely from the tenant’s inability to pay.

Article 591 provides that the guarantor has the right, and generally the duty, to raise defences belonging to the principal debtor. The guarantor may continue to raise them even where the principal debtor has waived a defence.

In a rental dispute, possible defences may include:

The rent was paid;
The claimed increase was unlawful;
The landlord calculated the debt incorrectly;
The lease had ended;
The property was properly returned;
The claim is time-barred;
The tenant had a valid set-off;
The claimed expense belonged to the landlord;
The damage was ordinary wear;
The debt arose outside the guarantee period;
The claim exceeds the maximum amount;
The guarantee was formally invalid; or
Spousal consent was missing.

The guarantor should not pay without examining the principal rental dispute.

Multiple Guarantors

A rental agreement may contain more than one guarantor.

The legal consequences depend on whether they are:

Ordinary co-sureties;
Joint and several co-sureties;
Independent guarantors;
Sureties for separate portions; or
Guarantors of another guarantor’s recourse obligation.

Article 587 regulates co-sureties and rights of contribution between them. A jointly liable guarantor who pays more than their internal share may have recourse against other guarantors, subject to the statutory and contractual conditions.

Each guarantor must independently satisfy:

The handwriting requirements;
The maximum-amount requirement;
The date requirement;
The joint and several statement requirement; and
Spousal consent where applicable.

One guarantor’s valid handwriting does not cure another guarantor’s defective declaration.

Transfer of the Tenant’s Commercial Lease

Where a commercial lease is transferred to a new tenant, an existing guarantor does not automatically become guarantor for the incoming tenant.

Suretyship is connected with an identified principal debtor and obligation.

A lease-transfer protocol should address expressly:

Whether the old guarantee ends;
Whether the guarantor consents to continue;
Whether a new guarantee will be issued;
Whether the former tenant remains liable;
The new maximum amount;
The new guarantee date; and
Spousal consent.

The guarantor should not be treated as having guaranteed an unknown future tenant merely because the underlying property and landlord remain the same.

Company Share Sales and Corporate Changes

A share sale does not ordinarily change the tenant company’s legal identity.

If the same company remains the tenant, a guarantee may continue according to its original terms, although a change-of-control clause or material risk change may be relevant.

By contrast, a merger, demerger, lease transfer or replacement of the tenant may alter the principal debtor.

The guarantee document should be reviewed whenever:

The tenant company changes its legal type;
The tenant merges;
The business is transferred;
The lease is assigned;
A new operator takes possession; or
The tenant’s identity changes.

A guarantor’s liability should not be expanded to a materially different principal debtor without a new legally compliant commitment.

Corporate Guarantors

A company may provide a corporate guarantee for another company’s rental obligations.

Corporate guarantees require examination of:

Articles of association;
Representation authority;
Signature circulars;
Board or shareholder approvals;
Corporate-purpose restrictions;
Group-company relationships;
Financial-assistance restrictions; and
The exact security wording.

The spousal-consent rule applies to natural persons and does not apply to a legal entity as though the company had a spouse.

However, the individuals signing on behalf of the corporate guarantor must have valid authority.

A company guarantee and a shareholder’s personal guarantee are separate commitments. The fact that the company gave a guarantee does not make its shareholders personally liable.

Enforcement Against the Guarantor

Where rent remains unpaid, the landlord may pursue a valid guarantor through enforcement or litigation, depending on the guarantee type and procedural circumstances.

The claim should identify:

The principal tenant;
The rental agreement;
The guaranteed period;
Each unpaid rental month;
The legally due rent;
The suretyship type;
The maximum liability;
Interest;
Expenses;
Payments already made; and
The guarantor’s remaining balance.

The guarantor may object to:

Signature;
Handwriting;
Spousal consent;
The maximum amount;
Duration;
Debt;
Interest;
Jurisdiction;
Procedure; and
Whether the claimed liability falls within the guarantee.

The 2025 Court of Cassation case demonstrates that failure to comply with Article 583 may result in rejection of the claim against the guarantor even while the claim against the tenant continues.

Mandatory Mediation and the Competent Court

Since 1 September 2023, disputes arising from rental relationships are generally subject to mandatory mediation before litigation, except for the special non-judicial eviction proceedings regulated by the Enforcement and Bankruptcy Law. The Ministry of Justice confirms that the rental-mediation system began on that date.

The position of a guarantor requires careful procedural classification because suretyship is a separate agreement connected with the lease.

Depending on the requested remedy, the dispute may involve:

Rental mediation;
Commercial mandatory mediation;
Ordinary civil mediation requirements;
A Civil Court of Peace;
A Civil Court of First Instance;
A Commercial Court of First Instance; or
An Enforcement Court.

Relevant factors include:

Whether the tenant and guarantor are sued together;
Whether the claim concerns unpaid rent or independent suretyship validity;
Whether both parties are merchants;
Whether an enforcement objection is being challenged;
Whether eviction is also requested; and
The legal nature of the principal claim.

Legal scholarship and judicial practice have not always approached jurisdiction in standalone suretyship disputes identically. Therefore, the competent court and mediation category should be determined from the exact claim rather than assumed solely from the word “rent.”

Starting enforcement proceedings is different from filing a lawsuit. Mandatory mediation is ordinarily a precondition to covered litigation, not a general precondition to submitting an enforcement request.

Guarantor’s Right of Recourse Against the Tenant

A guarantor who validly pays the landlord generally succeeds to the creditor’s rights to the extent of payment and may seek reimbursement from the tenant.

Article 596 recognises the surety’s statutory subrogation into the creditor’s rights. The limitation period for the guarantor’s recourse claim begins when payment is made to the creditor.

The guarantor should notify the tenant after making payment.

Article 597 provides that a guarantor who fails to notify the debtor may lose recourse where the debtor, without knowing of the payment, pays the creditor again.

The guarantor should preserve:

The guarantee;
Landlord’s demand;
Enforcement documents;
Payment receipts;
Debt calculation;
Communications with the tenant;
Settlement documents; and
Evidence of notification.

Evidence in a Rental Guarantee Dispute

The landlord should preserve:

The original rental agreement;
The original guarantee document;
Handwritten declarations;
Spousal consent;
Marriage-status information;
Commercial-registry documents relating to an exception;
Rent-payment records;
Notices;
Enforcement documents;
Lease amendments;
Rent-increase agreements;
Key-delivery records;
Damage reports; and
Mediation documents.

The original document may be particularly important where the guarantor disputes handwriting or alleges later completion.

The guarantor should preserve a copy taken immediately after signing and should never sign a blank guarantee section.

Common Mistakes Made by Landlords

The most common mistake is relying on a standard printed rental form containing only the guarantor’s name and signature.

Other frequent mistakes include:

Printing the maximum amount;
Allowing another person to write the date;
Printing the joint and several wording;
Failing to obtain spousal consent;
Assuming every commercial guarantee is exempt from spouse consent;
Using an unlimited guarantee clause;
Failing to specify extension years;
Increasing the guarantee without a new handwritten declaration;
Demanding contractual penalties from the guarantor;
Exceeding the maximum amount;
Treating the guarantor as a tenant;
Relying on the same guarantee after a tenant transfer; and
Failing to notify the guarantor before avoidable litigation costs arise.

A defective guarantee may become apparent only after rent has remained unpaid, when obtaining a replacement security is no longer possible.

Common Mistakes Made by Guarantors

Guarantors also frequently underestimate the consequences of signing.

Common errors include:

Signing a blank form;
Failing to retain a copy;
Writing an excessively high maximum amount;
Accepting joint and several liability without understanding it;
Providing unlimited renewal wording;
Failing to specify an end date;
Ignoring an enforcement payment order;
Assuming the landlord must always pursue the tenant first;
Paying without checking the tenant’s defences;
Failing to notify the tenant after payment;
Assuming divorce automatically ends an existing guarantee; and
Signing a new amendment without reviewing the increased exposure.

A guarantor should review the tenant’s financial capacity, lease term and potential annual rent increases before accepting the risk.

Practical Checklist for Landlords

Before accepting a guarantor, the landlord should:

Verify the guarantor’s identity and capacity.
Determine whether the guarantor is married.
Obtain written spousal consent unless a documented exception applies.
Identify the tenant and rental agreement clearly.
State the obligations covered.
Require the guarantor to write the maximum amount personally.
Require the guarantor to write the guarantee date personally.
Require the joint and several wording to be handwritten if that status is intended.
Obtain the guarantor’s signature.
Define the guarantee duration.
Regulate renewal periods precisely.
Avoid unlimited “until release” clauses.
Obtain new formal consent for material increases.
Preserve the original document.
Provide a copy to every signatory.

Practical Checklist for Guarantors

Before signing, a guarantor should:

Read the full rental agreement.
Confirm the monthly rent and increase mechanism.
Identify the maximum possible exposure.
Insert a realistic maximum amount.
Specify a clear end date.
Avoid unlimited renewal periods.
Understand whether the guarantee is ordinary or joint and several.
Verify which expenses and damages are covered.
Refuse to sign blank sections.
Ensure spousal consent is properly documented.
Retain an exact copy.
Monitor whether rent is being paid.
Respond promptly to landlord notices.
Raise the tenant’s valid defences.
Document any payment and recourse claim.

Frequently Asked Questions

Is a signature alone enough to become a rental guarantor?

No. The guarantor must personally write the maximum liability and guarantee date. Joint and several status must also be handwritten if intended.

Can the maximum amount be printed?

No. Article 583 requires the guarantor to write the maximum amount personally.

Must the guarantor write the date?

Yes. The suretyship date must be written in the guarantor’s own handwriting.

Must the phrase “joint and several guarantor” be handwritten?

Yes, where joint and several suretyship is intended.

Is spousal consent always required?

It is generally required for a married natural person, subject to judicial-separation, lawful-separate-living and specified commercial or statutory exceptions.

Can spousal consent be obtained afterward?

Consent must be given before or, at the latest, when the guarantee is concluded. Later consent does not ordinarily cure the original defect.

Does a company shareholder need spousal consent to guarantee the company’s shop lease?

A registered shareholder or manager guaranteeing an obligation connected with that company may fall within the commercial exception. The company connection and registration status should be documented.

Does every commercial lease guarantee fall within the exception?

No. A person guaranteeing an unrelated company’s rent may still require spousal consent.

Is the guarantor responsible for unlimited rent increases?

No. The handwritten maximum amount remains the total ceiling.

Does the guarantee continue during automatic lease renewals?

Not automatically. The extended period, maximum duration and maximum amount must be regulated clearly.

Can a guarantee state that it continues until the landlord releases the tenant?

Such an unlimited clause is highly problematic. Recent Court of Cassation authority rejected broad wording that failed to specify the maximum extension duration and amount.

Is the guarantor responsible for contractual penalties?

No. Agreements making the guarantor responsible for contractual penalties are absolutely invalid under Article 589.

Can the landlord pursue a joint and several guarantor directly?

Potentially yes, where the tenant is in delay, the relevant notice has remained unsuccessful or the tenant is clearly unable to pay, subject to the other statutory conditions.

Can the guarantor raise the tenant’s defences?

Yes. The guarantor may generally rely on substantive defences available to the tenant.

Is the guarantor subject to eviction?

Not merely because of the guarantee. Eviction concerns the tenant and persons holding possession rights.

How long may a natural-person guarantee continue?

A natural-person guarantee automatically ends after ten years unless validly extended in accordance with Article 598.

Does a fixed-term guarantee continue after its expiry?

No. Article 600 provides that the guarantor is released at the end of a fixed-term suretyship.

What happens when the guarantor pays the rent debt?

The guarantor generally acquires a recourse claim against the tenant and succeeds to the creditor’s rights to the extent of payment.

Does a lease transfer automatically transfer the guarantee?

No. A new tenant generally requires a new or expressly renewed compliant guarantee.

Is mediation required before suing the guarantor?

It may be required depending on the legal character of the claim, the parties and whether the dispute is classified as rental, commercial or standalone suretyship litigation.

Conclusion

Guarantors in Turkish rental agreements are subject to strict and protective legal requirements.

A person does not become a valid guarantor merely by writing a name and signing a standard rental form.

The guarantee must be in writing. The guarantor must personally write the maximum amount of liability and the guarantee date. If joint and several liability is intended, the guarantor must also write that status or an equivalent expression personally.

Failure to satisfy these conditions may render the guarantee completely invalid while leaving the tenant’s rental obligations unaffected.

A married natural-person guarantor generally requires the other spouse’s written consent before or at the moment the guarantee is concluded.

Limited commercial exceptions apply to registered commercial-enterprise owners, company shareholders or managers guaranteeing obligations connected with their own enterprise or company and to certain other statutorily identified transactions.

The commercial exception removes only the spousal-consent requirement. It does not eliminate the maximum-amount, date, handwriting or signature requirements.

The guarantor is responsible only within the handwritten maximum amount. That ceiling includes the covered principal debt, default consequences, qualifying costs and interest.

A guarantor cannot validly be made responsible for contractual penalties.

Annual rent increases do not automatically increase the maximum guarantee amount.

The tenant’s lease may continue through automatic extensions, but the guarantor’s liability does not continue indefinitely merely because the tenant remains in the property. Extended-period responsibility requires clear agreement concerning both the maximum duration and maximum amount.

The Court of Cassation’s 2025 decision confirms that broad clauses such as liability “until release” are insufficient where the extension period and amount are not properly limited.

A natural-person guarantee automatically ends after ten years unless validly extended under Article 598. A fixed-term guarantee ends when its stated period expires.

The guarantor is not a tenant merely because financial security was provided. The guarantor may be responsible for money but is not personally subject to eviction solely on that basis.

When the guarantor pays, the guarantor generally acquires recourse rights against the tenant.

Because one missing handwritten element or defective spousal consent may determine the enforceability of the entire security, rental guarantees should be reviewed before the property is delivered rather than after rent remains unpaid.

Legal Disclaimer: This article provides general information concerning guarantors and suretyship in Turkish rental agreements as of July 2026. It does not constitute legal advice. Each guarantee must be evaluated according to the original document, handwritten declarations, maximum amount, date, suretyship type, spousal consent, commercial status, lease duration, renewal terms, payment records and current judicial practice.

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