A lease is a contract under which the landlord undertakes to let the tenant use a thing and the tenant undertakes to pay rent in return (Turkish Code of Obligations No. 6098, Art. 299). The Code also contains protective provisions for residential and roofed commercial premises (TBK Art. 339 et seq.). What these provisions have in common is that the landlord can end the lease only on the grounds listed in the Code and in compliance with the time limits set. Many clauses in a lease that operate against the tenant are also invalid.
Points to watch when entering into a lease
A lease need not be in writing, but a written lease is a clear advantage in terms of proof. A handover report and photographs showing the condition of the premises are the most solid basis for disputes over damage and the deposit when the lease ends. The tenant cannot be required to make any payment other than rent and ancillary costs; in particular, penalty clauses for late payment of rent or clauses making future rent payable immediately are invalid (TBK Art. 346).
A security deposit of up to three months' rent may be requested. A cash deposit is placed in a time savings account opened in the names of the tenant and the landlord, and the bank may release it only with the consent of both parties, through enforcement proceedings or under a final court judgment. If, within three months after the lease ends, the landlord does not notify the bank that it has filed an action or started enforcement proceedings against the tenant, the bank returns the deposit to the tenant on request (TBK Art. 342).
Under Decree No. 32 on the Protection of the Value of the Turkish Currency and the related Communiqué, rent in residential leases between persons resident in Türkiye may not, as a rule, be set in or indexed to foreign currency; the limited exceptions listed in the Communiqué are reserved. For contracts with a foreign element, the scope of these exceptions should be checked separately.
Rent increases and rent determination actions
Agreements on the increase to apply for renewed lease periods are valid provided they do not exceed the twelve-month average change in the consumer price index (CPI) in the previous lease year (TBK Art. 344). For residential leases renewed between 11 June 2022 and 1 July 2024, a temporary cap of twenty-five percent applied instead; as this temporary period has ended, the CPI criterion now applies.
If the parties have not agreed on an increase, or the lease has continued for more than five years, the rent is set by the court. For periods after five years, the judge decides on an equitable basis, taking into account comparable rents, the CPI and the condition of the premises. A rent determination action can be brought for any period; however, for the newly determined rent to apply from the start of the new lease period, the action must be filed at least thirty days before the new period begins, or the landlord must notify the tenant in writing of the request for an increase within that period (TBK Art. 345). If this deadline is missed, the rent determined will, as a rule, apply from the following period.
On what grounds can a landlord seek eviction?
For residential and roofed commercial premises, a fixed-term lease is deemed renewed for one year on the same terms unless the tenant gives notice at least fifteen days before it expires. The landlord cannot end the lease simply because the term has expired. However, after ten years of renewals, the landlord may end the lease without giving a reason by giving notice at least three months before the end of each subsequent renewal year (TBK Art. 347). The other grounds for eviction are listed in the Code:
Non-payment of rent (default)
If the tenant does not pay the rent, the landlord of residential or roofed commercial premises gives a written warning allowing at least thirty days, and if payment is not made within that period, may terminate the lease (TBK Art. 315). The same result may be achieved through eviction proceedings without a court judgment under Article 269 of the Enforcement and Bankruptcy Law.
Two justified warnings
If, within one lease year, the tenant has given cause for two justified warnings for non-payment of rent, the landlord may bring an eviction action within one month of the end of the lease term (TBK Art. 352(2)). Paying after the warning does not make the warning unjustified; what matters is that the rent was due and unpaid on the date of the warning.
Written undertaking to vacate
If, after the premises were handed over, the tenant undertook in writing to vacate on a specific date, the landlord may start enforcement proceedings or bring an action within one month of that date (TBK Art. 352(1); İİK Art. 272). In practice, undertakings signed on the same day as the lease may be treated as invalid unless it can be proved that they were given after handover.
Need, reconstruction and a new owner
The landlord may end the lease if they, their spouse, descendants, ascendants or persons they are legally obliged to support need the premises as a home or workplace, or if reconstruction or major renovation of the premises is necessary (TBK Art. 350). A new owner who acquires the property later may bring an action for need after six months, provided they notify the tenant in writing within one month of acquisition (TBK Art. 351). Premises vacated on grounds of need may not be let to anyone other than the former tenant for three years without a justified reason (TBK Art. 355).
It is also a ground for eviction if the tenant or the spouse living with them has a home suitable for living in within the same district or municipality and the landlord did not know this when the lease was concluded (TBK Art. 352(3)).
Tenant's rights: defects, repairs and early departure
The landlord must hand over the premises in a condition fit for the use intended in the lease and keep them in that condition. Where defects arise later, the tenant may ask for the defect to be remedied, for a reduction in rent and for compensation (TBK Art. 304 et seq.). Cleaning and maintenance costs required for ordinary use are borne by the tenant (TBK Art. 317).
A tenant who wishes to end a fixed-term lease early is released from their obligations if they propose a new tenant who is willing to take over the premises on the terms of the lease and able to pay; otherwise they remain liable for the rent for the reasonable period in which the premises could be re-let on similar terms (TBK Art. 325).
How are disputes resolved?
Since 1 September 2023, applying to a mediator before filing an action has been a mandatory pre-condition for disputes arising from a lease (Mediation Law No. 6325, Art. 18/B). Eviction proceedings without a court judgment under the Enforcement and Bankruptcy Law, based on non-payment of rent or a written undertaking to vacate, are outside this requirement. If no agreement is reached in mediation, the civil court of peace has jurisdiction over all actions arising from the lease (Code of Civil Procedure No. 6100, Art. 4).
In eviction and rent determination actions, time limits are short and preclusive; the calculation between the content of the warning, the date of notification and the date of the action often determines the outcome. It is therefore useful to settle which ground will be relied on before a warning is sent.
Our work in this area
We draft and review residential and commercial leases and act for landlords or tenants at the warning, mediation, enforcement and litigation stages. We assist with rent determination, eviction, return of deposits and claims for damage to the premises. See also the Real Estate Law and Dispute Resolution pages, or reach us through our contact page to arrange a meeting.
Main topics
- Drafting and reviewing lease agreements
- Setting the rent and rent determination actions (TBK Arts. 344–345)
- Eviction for default (TBK Art. 315; İİK Art. 269)
- Written undertaking to vacate and two justified warnings (TBK Art. 352)
- Eviction for need and reconstruction (TBK Arts. 350–351)
- Return of the security deposit (TBK Art. 342)
- Mandatory mediation in lease disputes (Mediation Law Art. 18/B)
Frequently asked questions
Can the landlord evict me because the lease term has expired?
Not for residential and roofed commercial premises. A fixed-term lease renews automatically every year unless the tenant gives fifteen days' notice. The landlord can end the lease only on the grounds listed in the Code or, after ten years of renewals, by giving three months' notice.
Which rate applies to rent increases?
The increase agreed for a renewed lease period may not exceed the change in the twelve-month CPI average for the previous lease year. The temporary twenty-five percent cap that applied to residential leases for a period ended on 1 July 2024. For leases longer than five years, the rent may be set by the judge on an equitable basis.
My landlord will not return my deposit. What can I do?
If the deposit was placed in a bank, you can ask the bank to return it if, within three months after the lease ends, the landlord has not notified the bank that an action or enforcement proceedings have been started against you. If the deposit was paid in cash, you must first apply to a mediator for the claim; if no agreement is reached, an action can be brought before the civil court of peace.
Can I go straight to court in a lease dispute?
As a rule, no. For disputes arising from a lease, applying to a mediator first is a mandatory pre-condition, except for eviction proceedings without a court judgment. Such proceedings based on non-payment of rent or a written undertaking to vacate are outside this rule.
I have just bought a house with a tenant. When can I have the tenant evicted?
A new owner of a tenanted property is bound by the existing lease. If the owner or their relatives need the property, an eviction action may be brought after six months, provided written notice is given to the tenant within one month of acquisition. Alternatively, an action for need may be brought at the end of the lease term.
Legislation and sources
- Turkish Code of Obligations No. 6098 (in Turkish)
- Enforcement and Bankruptcy Law No. 2004 (in Turkish)
- Mediation in Civil Disputes Law No. 6325 (in Turkish)
- Code of Civil Procedure No. 6100 (in Turkish)
- Ministry of Justice – Mediation Department
The information on this page is general and does not constitute legal advice. As legislation may change, the current rules must be assessed separately for your particular situation.