Turkey rent determination action: who pays if tenant leaves

According to a reported Court of Cassation decision, if a tenant vacates on time before the new lease period, the costs of a moot rent determination action stay with the landlord.

This article is based on the Turkish Code of Obligations No. 6098 and the Code of Civil Procedure No. 6100 as in force on 1 November 2026, and on a Court of Cassation (Yargıtay) decision reported in the press on 28 October 2026. The full text of the decision could not be verified in the official case-law database; the decision text and the facts of each case should be checked before relying on it. The Turkish version of this article prevails.

If you rent out a flat in Turkey, a familiar scenario is this: the renewal date is approaching, so you file a rent determination action (kira tespit davası) to have the court set the new rent. Your tenant, however, gives notice that they will not renew and moves out before the new lease year begins. The case becomes moot (konusuz kalma) – but who pays the court fees, the expert’s fee and the other side’s attorney fee? A Court of Cassation decision reported on 28 October 2026 answers that question in favour of the tenant.

What happened?

According to press reports, the 3rd Civil Chamber of the Court of Cassation held that where a rent determination action is filed before the new lease period and the tenant vacates the property in time, the case becomes moot and the litigation costs and attorney fee cannot be imposed on the tenant; they remain with the landlord. The question reached the Court because the civil chambers of the regional courts of appeal (bölge adliye mahkemesi) in Istanbul, Bursa, Antalya and Sakarya had reached different results on the same issue. The Board of Presidents of the Istanbul Regional Court of Appeal’s civil chambers applied to the Court of Cassation to resolve the conflict.

The docket and decision numbers and the full text could not be verified in the official case-law database at the time of writing, so we do not cite them. The analysis below relies on the reasoning reported in the press and on the statutory texts.

The legal basis: which rules collided?

The landlord’s right to sue comes from Article 345 of the Turkish Code of Obligations (TCO). An action to determine the rent may be filed at any time; however, if it is filed no later than thirty days before the start of the new period (or if the landlord notifies the tenant in writing within that time that the rent will be increased and files the action by the end of the following period), the rent set by the court binds the tenant from the start of the new period.

The tenant’s right comes from TCO Article 347: for residential and covered commercial leases, a fixed-term lease is deemed renewed for one year on the same terms unless the tenant gives notice at least fifteen days before the term ends. In other words, the tenant can choose not to renew by giving timely notice. Under TCO Article 348, that notice is valid only if made in writing.

The costs question is governed by Article 331(1) of the Code of Civil Procedure: where no decision on the merits is needed because the case has become moot, the judge assesses and awards the litigation costs according to which party was in the right on the date the action was filed. That was the crux of the debate: was the landlord in the right when filing, or did the tenant’s later departure change the picture?

The Court’s approach

As reported, the Chamber emphasised that filing a rent determination action does not take away the tenant’s statutory right to end the lease lawfully, and that a tenant who uses that right and vacates before the new period cannot be said to have caused the action. A rent determination action is meant to fix the rent for the coming period; if the tenant never enters that period, the purpose of the action falls away.

Who is affected and what should you do?

Landlords – including foreign owners who let out property in Turkey – can still use an early rent determination action to make the new rent binding from the start of the period. But if there is a real chance the tenant will not renew, it is sensible to ask the tenant in writing about their intentions and to factor in the fifteen-day notice period before filing. If a move-out notice arrives after you have filed, the next steps in the case should be reviewed promptly.

Tenants should make sure their non-renewal notice is in writing and on time, and that they actually vacate before the new period starts. A late notice or a move-out that runs into the new period may lead to a different outcome. For the wider framework, see our lease law and real estate law pages, and our dispute resolution page for litigation and mediation.

Frequently asked questions

Can my tenant still move out after I have filed a rent determination action?

Yes. Under TCO Article 347, the tenant may decline to renew a fixed-term lease by giving written notice at least fifteen days before the term ends. According to the reported decision, the pending action does not remove that right.

Will every court now follow this decision?

Because the decision was given to resolve conflicting practice among the regional courts of appeal, it is expected to guide practice. Each case will still turn on the date and form of the notice and on whether the tenant vacated before the new period. Its exact scope will be clearer once the full text is published.

What if the tenant leaves after the new period has started?

If no timely notice was given, the lease is deemed renewed for one year under TCO Article 347, and the action may still serve to set the rent for that period. The assessment under Article 331 of the Code of Civil Procedure may then come out differently; the result depends on the facts.

Assessment

The reported decision reflects the idea that a rent determination action should not be used as leverage against a tenant’s statutory right to leave. Landlords who time their filing with the tenant’s intentions in mind, and tenants who give timely written notice, can largely avoid this kind of costs dispute. If you would like to discuss a specific lease dispute, you can contact us.

Sources

This content is provided for general information and does not constitute legal advice.

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Rent determination case in Turkey: tenant who leaves pays no costs