Real Estate Rental Law in Turkey

Real estate rental law in Turkey governs the legal relationship between landlords and tenants concerning residential properties, offices, shops, warehouses and other immovable properties. Due to the rapid development of the Turkish real estate market, high inflation, increasing rental values and the growing number of foreign property owners and tenants, lease disputes have become one of the most common categories of civil litigation in Turkey.

The principal legislation governing rental relationships is the Turkish Code of Obligations No. 6098, commonly referred to as the “TCO” or, in Turkish, the “Türk Borçlar Kanunu.” The Code regulates the formation of lease agreements, payment of rent, rent increases, security deposits, maintenance obligations, termination, eviction and compensation claims.

Residential and roofed workplace leases receive particularly strong statutory protection. Many provisions applicable to these leases are mandatory and cannot be amended against the tenant through contractual clauses. Therefore, even a detailed written rental agreement may not be enforceable in full if some of its provisions contradict mandatory Turkish rental law.

This guide explains the main principles of real estate rental law in Turkey, the rights and obligations of landlords and tenants, the rules governing rent increases, the legal grounds for eviction and the procedures that must be followed before filing a rental lawsuit.

What Is a Rental Agreement Under Turkish Law?

A rental agreement is a contract under which the landlord undertakes to leave the use of a property to the tenant, while the tenant undertakes to pay the agreed rent. The rented property may be a residential apartment, villa, office, store, factory, warehouse, land or another type of movable or immovable asset.

As a general principle of Turkish contract law, contracts are not subject to a specific form unless the law expressly provides otherwise. Consequently, an ordinary real estate rental agreement does not generally have to be notarised to be legally valid. Oral rental agreements may also be valid. Nevertheless, written agreements are strongly recommended because they provide evidence regarding the rental period, rent amount, deposit, payment date, permitted use, fixtures and other contractual terms.

A professionally drafted rental agreement should clearly identify the parties, the full address and characteristics of the property, the commencement date, rental period, monthly rent, payment method, rent increase clause, security deposit, permitted use, condition of the property and the obligations relating to utilities, common expenses and repairs.

Parties should also prepare a delivery report when the property is handed over. Photographs, meter readings and a detailed inventory of furniture and fixtures may prevent future disputes over damage and the return of the security deposit.

Residential and Roofed Workplace Leases

Turkish rental law distinguishes residential and roofed workplace leases from ordinary leases. Residential leases include apartments, houses and similar properties used for accommodation. Roofed workplace leases generally include offices, stores, restaurants, workshops and other enclosed commercial premises.

The Turkish Code of Obligations provides greater protection to tenants of residential and roofed commercial properties. In particular, the landlord cannot terminate a fixed-term lease merely because the contractual period has expired. The landlord must rely on one of the termination or eviction grounds expressly recognised by law.

Contractual provisions that impose additional termination grounds against the tenant or allow the landlord to terminate the agreement freely will usually be invalid if they circumvent the mandatory protections of the Turkish Code of Obligations.

Main Obligations of the Landlord

The landlord must deliver the property in a condition suitable for its agreed use and maintain it in that condition throughout the lease. For example, a property rented as a residence should have the essential characteristics required for safe and ordinary residential use. A commercial property should be reasonably suitable for the commercial purpose stated in the agreement.

If significant defects arise during the rental period, the tenant may request repair, reduction of rent, compensation or, in serious cases, termination of the agreement. The remedy available will depend on the nature of the defect, its severity, whether the landlord was notified and whether the defect can be repaired within a reasonable period.

Structural repairs and major deficiencies are generally the landlord’s responsibility. Minor cleaning and ordinary maintenance expenses resulting from normal use are generally borne by the tenant. However, the exact allocation may depend on the type of property, the contract and the nature of the expense.

The landlord must also respect the tenant’s peaceful use of the property. Entering the property without permission, changing the locks, disconnecting utilities or attempting to remove the tenant’s belongings without a court or enforcement decision may create civil and, depending on the circumstances, criminal liability.

A landlord cannot legally evict a tenant through force or self-help. Eviction must be based on a legally recognised ground and carried out through enforcement proceedings or a court judgment.

Main Obligations of the Tenant

The tenant’s primary obligation is to pay the rent on the agreed date. Payments should preferably be made through a bank transfer with a clear description identifying the relevant rental month. Cash payments may create serious evidentiary problems unless the tenant obtains a signed receipt.

The tenant must use the property carefully and in accordance with the purpose stated in the rental agreement. A property rented for residential purposes should not normally be converted into a commercial workplace without the landlord’s consent and the necessary administrative permissions.

The tenant must respect neighbours and other persons living in the building. Repeated excessive noise, unlawful activities, serious damage to the property or conduct that makes continuation of the rental relationship intolerable may create grounds for termination.

The tenant must notify the landlord of defects that require repair. Failure to report a defect that later causes greater damage may lead to the tenant’s liability for the additional loss.

Unless the agreement or the nature of the transaction permits otherwise, the tenant should not transfer the lease or sublet the property without the landlord’s written consent. Special rules may apply to commercial leases, but written consent remains important in order to avoid disputes.

Security Deposits Under Turkish Rental Law

A landlord may request a security deposit to secure unpaid rent, unpaid utility expenses and damage caused by the tenant. However, for residential and roofed workplace leases, the security deposit cannot exceed three months’ rent.

Where the security consists of money or negotiable instruments, the statutory system requires the money to be deposited into a savings account that cannot be withdrawn without the landlord’s approval, or the negotiable instruments to be deposited with a bank. The bank may release the security with the consent of both parties, following a finalised enforcement proceeding or on the basis of a final court judgment.

If the landlord does not notify the bank within three months following the end of the lease that a lawsuit or enforcement proceeding relating to the rental agreement has been initiated, the bank must return the security upon the tenant’s request.

In practice, deposits are frequently paid directly to landlords. This may lead to disputes regarding the amount, currency, deductions and repayment. The lease should therefore clearly state the amount and currency of the deposit, the date of payment and the circumstances in which deductions may be made.

Normal wear and tear cannot generally be treated as tenant damage. A landlord who seeks to deduct repair costs should be able to demonstrate that the damage exceeds ordinary deterioration and was caused by the tenant’s misuse or negligence.

Rent Payment and Late Payment

The amount and payment date of the rent should be expressly stated in the agreement. If the tenant fails to pay rent, the landlord may send a written notice granting the legally required payment period. In residential and roofed workplace leases, the tenant is generally given at least 30 days to make payment under the termination mechanism regulated by the Turkish Code of Obligations.

The landlord may also initiate enforcement proceedings for unpaid rent and request eviction under the relevant provisions of the Turkish Enforcement and Bankruptcy Law. The tenant’s failure to pay or object within the statutory periods may result in enforceable consequences, including eviction.

A late payment does not automatically entitle the landlord to remove the tenant. The statutory notice, enforcement and litigation procedures must be followed.

Provisions imposing excessive contractual penalties or making all future rent immediately due upon one late payment may be unenforceable in residential and roofed workplace leases. Each clause must be examined in light of the mandatory tenant-protection provisions.

Rent Increase Rules in Turkey

One of the most important issues in real estate rental law in Turkey is the annual rent increase.

Under Article 344 of the Turkish Code of Obligations, agreements concerning rent increases for renewed rental periods are valid only to the extent that the increase does not exceed the 12-month average change in the Consumer Price Index, known as TÜFE in Turkey. The parties may agree on a lower increase, but they cannot validly impose a higher annual increase for an ordinary renewal period.

The temporary 25% rent increase cap previously applicable to residential leases expired in July 2024. It is no longer the general rule. Rental increases are again governed by Article 344 and the 12-month average Consumer Price Index ceiling.

The applicable rate changes every month because the Turkish Statistical Institute publishes new inflation data monthly. For example, the 12-month average CPI change announced for June 2026 was 32.03%. Accordingly, this figure became relevant to agreements renewed during the following period, subject to the precise renewal date and contractual circumstances.

The CPI figure is a maximum statutory rate, not an automatic compulsory increase. A landlord and tenant may agree on a smaller increase or decide not to apply an increase.

The landlord cannot unilaterally increase the rent at any time during the rental year merely because market prices have risen. An ordinary annual increase is generally applied on the contractual renewal date.

Rent Determination After Five Years

A significant exception applies to leases lasting longer than five years or renewed after five years.

After the fifth year, either party may seek judicial determination of the rent. In such cases, the court is not limited solely to the annual CPI ceiling. The judge considers the 12-month average CPI change, the condition and location of the property, comparable market rents and principles of equity.

The court usually appoints an expert panel to inspect the property and evaluate comparable properties. The experts examine characteristics such as size, age, physical condition, floor, frontage, accessibility, commercial potential, neighbourhood and comparable rental agreements.

For properties occupied by the same tenant for a long period, courts may also apply an equity reduction when comparing the property with the rent that could be obtained if it were vacant. The exact assessment depends on the facts and judicial practice.

A rent determination lawsuit may technically be filed at any time. However, the filing date and the date of written notice are critical in determining the rental period from which the new rent will apply.

To have the judicially determined rent apply from the beginning of the upcoming rental period, the lawsuit should generally be filed at least 30 days before that period begins, or the landlord should send a written rent-increase notice within that period and file the lawsuit before the end of the following rental year. If the agreement already contains a rent increase clause, a lawsuit filed before the end of the relevant rental period may result in the determined amount applying from the beginning of that period.

Failure to observe these timing rules may result in the court-determined rent becoming effective only from a later rental period, potentially causing a substantial loss of rental income.

Rent Adaptation Lawsuits

A rent determination lawsuit should not be confused with a rent adaptation lawsuit.

Rent adaptation is based on the general doctrine of hardship under Turkish contract law. It may be requested where extraordinary and unforeseeable circumstances arising after the contract was signed fundamentally disturb the contractual balance and make performance excessively burdensome for one party.

Courts apply this remedy restrictively. Ordinary inflation, predictable market changes or a party’s poor commercial judgment may not, by themselves, justify adaptation. The claimant must normally show that exceptional circumstances have seriously disrupted the original contractual equilibrium.

Long-term commercial leases, leases denominated in foreign currency and contracts affected by extraordinary economic or regulatory developments may require a separate adaptation analysis.

Renewal and Termination of Fixed-Term Leases

In residential and roofed workplace leases, a fixed-term agreement does not automatically end for the landlord when its stated term expires.

Unless the tenant gives notice at least 15 days before the end of the fixed term, the lease is renewed for one year under the same conditions, subject to the applicable rent increase. The landlord cannot terminate the agreement merely by relying on the expiry of the original contractual term.

The tenant may generally terminate the lease by giving the required notice. The landlord, however, must rely on a statutory ground for termination or wait until the end of the ten-year extension period.

After the ten-year extension period has expired, the landlord may terminate the lease without showing a specific reason by giving notice at least three months before the end of the relevant extension year. The calculation of this period must be made carefully because it refers to ten extension years, not simply ten years from the signing date in every case.

Early Return of the Property by the Tenant

A tenant may leave the property before the contractual expiry date, but early departure does not always immediately end the obligation to pay rent.

Under Turkish law, the tenant may remain liable for rent during a reasonable period in which the property could be re-rented under similar conditions. The length of this period depends on the location, property type, market demand and the landlord’s efforts to find a new tenant.

The tenant may reduce or eliminate this liability by proposing a financially reliable and legally acceptable substitute tenant who is willing to take over the lease on similar terms.

The landlord is also expected to mitigate the loss. A landlord who unreasonably refuses suitable replacement tenants or deliberately leaves the property vacant may not be able to claim the entire remaining rent.

Does the Sale of the Property End the Lease?

The sale of a rented property does not automatically terminate the rental agreement.

Under Article 310 of the Turkish Code of Obligations, if the property changes ownership after the lease has been established, the new owner automatically becomes a party to the existing rental agreement. The tenant therefore continues to occupy the property under the existing contractual conditions.

The new owner cannot immediately evict the tenant merely because the title deed has changed. Nor can the new owner unilaterally replace the existing agreement, increase the rent outside the statutory system or shorten the rental period.

However, the new owner may request eviction if the property is genuinely required for the new owner, the new owner’s spouse, descendants, ascendants or persons whom the new owner is legally obliged to support.

To use the special procedure available to a new owner, written notice must be given to the tenant within one month of acquisition. The new owner may then file an eviction lawsuit after six months have passed. Alternatively, the new owner may rely on the end of the contractual period and file the case within the relevant statutory time limit.

Eviction Due to the Landlord’s Need

A landlord may request eviction if the property is genuinely needed as a residence or workplace for:

• The landlord;
• The landlord’s spouse;
• The landlord’s descendants;
• The landlord’s ascendants; or
• Other persons whom the landlord is legally obliged to support.

The need must be genuine, sincere and compulsory. A speculative, temporary or artificial claim may not be sufficient. The need must normally exist when the lawsuit is filed and continue throughout the proceedings.

For a fixed-term lease, the lawsuit must generally be filed within one month following the end of the rental period. Failure to comply with this period may result in dismissal on procedural grounds.

The landlord may preserve the right to sue by providing timely written notice under Article 353. If the landlord notifies the tenant in writing, within the original filing period, that an eviction lawsuit will be filed, the filing period may be extended for one rental year.

Eviction Due to Reconstruction or Major Renovation

The landlord may seek eviction if the property must be reconstructed or undergo substantial repair, expansion or alteration and the tenant’s continued use is impossible during the works.

Minor cosmetic renovation is not sufficient. The proposed project should generally be substantial, technically necessary or connected with reconstruction or redevelopment. Construction plans, licences, architectural projects and expert evidence may be required.

Where eviction has been secured for reconstruction or redevelopment, special rules protect the former tenant regarding re-letting of the renovated property.

Eviction Based on a Written Eviction Undertaking

A written eviction undertaking is one of the most frequently disputed documents in Turkish rental law.

A valid undertaking must be:

• In writing;
• Signed after the property has been delivered to the tenant; and
• Contain a specific eviction date.

An undertaking signed before or simultaneously with the initial delivery of the property may be challenged because the law requires it to be given after delivery.

If the tenant fails to leave on the promised date, the landlord must initiate enforcement proceedings or file an eviction lawsuit within one month from that date.

Disputes frequently arise over blank or subsequently completed undertakings, signature objections, the date of execution and allegations that the document was obtained as a condition for receiving the property. These cases require careful examination of the original document and the surrounding evidence.

Eviction Due to Two Justified Notices

A landlord may also seek eviction where the tenant causes two justified written notices because of non-payment of rent within the relevant rental period.

For a lease of one year or longer, the two justified notices must generally arise within the same rental year. The landlord must then file the eviction lawsuit within one month following the end of that rental year.

Payment after receipt of a justified notice may prevent immediate termination for non-payment, but it does not necessarily eliminate the notice for purposes of the two-notice eviction ground.

A payment demand that was unjustified, related to an amount not yet due or issued after payment had already been made may not qualify as a justified notice.

Eviction Where the Tenant Owns a Suitable Residence

If the tenant or the tenant’s cohabiting spouse owns a residence suitable for occupation within the same district or municipal boundaries, the landlord may, under certain conditions, request termination.

This ground is available only if the landlord did not know about the tenant’s property when the rental agreement was concluded. The landlord must file the lawsuit within one month following the end of the rental period.

The court will examine whether the other property is genuinely suitable for the tenant and the tenant’s family, considering its location, size, physical condition and availability.

Re-Letting Prohibition After Eviction

A landlord who secures eviction based on genuine need cannot, without a justified reason, rent the property to someone other than the former tenant for three years.

Likewise, where eviction is secured for reconstruction or redevelopment, the property cannot generally be rented to another person in its former condition for three years. The former tenant may also have a priority right concerning the reconstructed property under the statutory conditions.

If the landlord violates the re-letting prohibition, the former tenant may claim compensation of not less than one year’s rent based on the rent paid during the final rental year.

This rule is intended to prevent landlords from using fictitious personal need or renovation claims merely to remove a tenant and rent the property to another person at a higher price.

Mandatory Mediation in Rental Disputes

Since 1 September 2023, applying for mediation before filing a lawsuit has been a mandatory procedural requirement for most disputes arising from rental relationships.

The requirement covers disputes such as:

• Eviction lawsuits;
• Rent determination;
• Rent adaptation;
• Unpaid rent claims;
• Security deposit disputes;
• Compensation claims; and
• Other claims arising from a rental relationship.

An important exception applies to the statutory provisions concerning eviction through non-judicial enforcement proceedings under the Enforcement and Bankruptcy Law.

If mandatory mediation applies and the claimant files a lawsuit without first completing the mediation process, the case may be dismissed due to the absence of a procedural prerequisite.

The mediation application is generally made to the mediation bureau at the competent courthouse. If the parties reach an agreement, the settlement document may have legally enforceable consequences. Any settlement involving payment schedules, eviction dates or the release of claims should be drafted carefully and unambiguously.

Which Court Has Jurisdiction?

Rental disputes are generally heard by the Civil Court of Peace, known in Turkish as the Sulh Hukuk Mahkemesi, regardless of the monetary value of the dispute.

This jurisdiction includes rent claims, eviction lawsuits, rent determination actions, deposit disputes and other cases arising from the rental relationship. Special rules relating to enforcement proceedings remain reserved.

Territorial jurisdiction usually belongs to the court where the defendant resides or where the rental agreement is to be performed. Contractual jurisdiction clauses may be valid only under the conditions permitted by Turkish procedural law, particularly where both parties are merchants or public legal entities.

Practical Recommendations for Landlords

Landlords should use a detailed written agreement, document the delivery condition of the property and receive rent through traceable bank transfers.

Notices relating to non-payment, rent determination, non-renewal or eviction should normally be sent through a notary public or another method providing reliable proof of content and service.

Before purchasing a tenanted property, the buyer should review the rental agreement, payment history, deposit, renewal date, pending disputes and occupation status. Purchasing a property does not automatically remove the tenant.

Landlords should also avoid demanding illegal rent increases, entering the property without permission or attempting to force the tenant out by changing locks or disconnecting electricity, water or natural gas.

Practical Recommendations for Tenants

Tenants should keep a signed copy of the rental agreement, delivery report and all payment records. Each bank transfer should specify the rental month to which it relates.

Before signing an eviction undertaking, guarantee, promissory note or additional protocol, tenants should understand its legal consequences. Documents signed in blank may create serious evidentiary risks.

Defects should be reported to the landlord in writing. The tenant should preserve photographs, videos, invoices and correspondence regarding repairs and damage.

When leaving the property, the tenant should prepare a written handover record, return the keys against a signed receipt and document the final condition of the premises. The parties should also record meter readings and settle utility and common expense accounts.

Frequently Asked Questions About Real Estate Rental Law in Turkey

Can a landlord evict a tenant when a one-year agreement ends?

Not merely because the initial one-year period has expired. Residential and roofed workplace leases are generally renewed automatically unless the tenant gives timely notice. The landlord must rely on a statutory termination ground or satisfy the ten-year extension rule.

Can the landlord increase the rent above the CPI rate?

For ordinary annual renewals of Turkish-lira leases, the agreed increase cannot exceed the 12-month average CPI change. After five years, however, either party may request judicial determination based on CPI, comparable rents, property condition and equity.

Is the 25% rent increase limit still applicable?

No. The temporary 25% limit expired in July 2024. The ordinary CPI-based system under Article 344 is currently applicable.

Can a new owner immediately remove the tenant?

No. The new owner becomes a party to the existing lease. Eviction based on the new owner’s need requires compliance with the written notice and filing periods prescribed by law.

Is a notarised lease mandatory?

An ordinary lease does not generally require notarisation for validity. However, a written agreement is highly advisable for evidentiary purposes, and notarised notices may be useful in disputes.

Can a landlord keep the entire deposit?

Only if the landlord has legitimate and provable claims equal to the deposit, such as unpaid rent or damage beyond ordinary wear and tear. Arbitrary deductions may be challenged through mediation, enforcement proceedings or litigation.

Is mediation compulsory before filing an eviction lawsuit?

For most court-based rental disputes, including many eviction lawsuits, mediation is a mandatory prerequisite. The principal exception concerns eviction through the specific non-judicial enforcement procedures under the Enforcement and Bankruptcy Law.

Conclusion

Real estate rental law in Turkey creates a regulated balance between the property rights of landlords and the housing and business continuity interests of tenants. Landlords are entitled to receive rent, protect their property and seek eviction where a statutory ground exists. Tenants are entitled to peaceful use, protection against arbitrary eviction, lawful rent increases and repayment of their security deposit.

Many rental disputes are lost not because a party has no substantive right, but because statutory notices, mediation requirements or strict filing periods are overlooked. The commencement date of the lease, renewal date, payment history, service date of notices and timing of mediation and litigation may determine the outcome of the case.

For this reason, rental agreements, rent increase notices, eviction undertakings, need-based eviction claims, rent determination cases and property purchase transactions involving an existing tenant should be reviewed individually by a Turkish real estate lawyer.

Legal Disclaimer: This article provides general information on real estate rental law in Turkey and does not constitute legal advice. Rental disputes must be assessed according to the rental agreement, property type, payment records, notices, procedural dates and the specific circumstances of the parties.