Tenancy Law in Turkey: The Rights of Tenants and Landlords

Tenancy Law in Turkey: The Rights of Tenants and Landlords

This guide explains rent increases, termination and eviction, deposits, rent determination and adjustment, and enforcement of unpaid rent under Turkish law.

1. The Tenancy Agreement

A tenancy agreement requires the landlord to make property available for use, and the tenant to pay rent in return. The Turkish Code of Obligations, Law No. 6098, contains general tenancy rules, special provisions for residential and roofed business premises, and rules concerning leases of productive property.

An ordinary tenancy can generally be made orally, but a written agreement helps establish what was agreed. The property, rent, payment dates, duration, deposit, permitted use and any handover record should be documented clearly.

2. Rent Increases and the CPI Limit

For residential and roofed business tenancies, agreements on rent for renewed periods are subject to Article 344. The applicable ceiling ordinarily refers to the change in the consumer price index based on twelve-month averages for the previous rental year. A cap is a maximum: it does not necessarily authorise a landlord to impose that maximum where the contract provides for a lower increase or there is no agreed increase.

The contract, renewal date and applicable statutory rules must be examined together. The temporary 25% residential rent increase restriction should not be presented as a continuing general rule for current renewals.

3. Eviction and Termination

In residential and roofed business tenancies, a landlord cannot ordinarily end a fixed-term lease merely because its stated term expires. Termination and eviction must satisfy the relevant statutory ground, notice rules and time limits.

Grounds commonly encountered

• Genuine need: Article 350 covers the landlord’s need, or the need of the persons specified in the provision, for residential or business use. The category is not limited simply to “first-degree relatives”. The need must satisfy the legal requirements and be established in the case.
• Reconstruction or substantial works: qualifying reconstruction, development or alteration may justify proceedings where continued use is impossible during the works. The proposed works and supporting evidence require assessment.
• A new owner’s need: Article 351 includes a route involving written notification within one month of acquisition and proceedings after six months. It also provides an alternative linked to the end of the lease term. Acquisition does not automatically end the tenancy.
• Unpaid rent: default-based proceedings and the separate ground of two justified written notices have different conditions. They must not be confused.
• A written undertaking to vacate: Article 352 requires attention to when the undertaking was given, the specified date, validity and the one-month period for the appropriate application after that date.

Termination by the tenant

Under Article 347, a tenant in a fixed-term residential or roofed business lease generally needs to give written notice at least fifteen days before the end of the term to prevent renewal. Different rules govern indefinite-term leases, and early return may raise a separate obligation under Article 325. Family-home rules may also be relevant.

The procedural route

1. Identify the correct ground, relevant dates, notice requirements and supporting documents.
2. Complete pre-action mediation where required. Article 18/B of the Mediation Law generally covers tenancy disputes, with a statutory exception concerning eviction through non-judgment enforcement.
3. Apply to the competent court or enforcement authority using the appropriate procedure.
4. If an enforceable eviction decision is obtained and the tenant does not leave, eviction is carried out through the enforcement authorities.

4. Rights and Responsibilities

5. Deposits and Damage

Under Article 342, agreed security for residential and roofed business tenancies cannot exceed three months’ rent. Where money is agreed as security, the statutory mechanism is a time deposit savings account from which withdrawal is restricted; securities are deposited with a bank.

The bank may release the security with both parties’ consent, following finalisation of enforcement proceedings, or on the basis of a final court judgment. If the landlord does not notify the bank in writing within three months after the tenancy ends that a tenancy-related court action or enforcement or bankruptcy proceeding has been initiated, the bank must return the security at the tenant’s request.

This banking mechanism should not be confused with an automatic rule resolving every disputed deposit held directly by a landlord. Evidence of the payment, the agreement and any claimed debt or damage must be examined.

Ordinary wear and damage

The tenant is not responsible for ordinary wear resulting from contractual use. Damage arising from misuse is a different matter. Signed handover records, dated photographs, meter readings and evidence of key delivery help establish the condition and return of the premises.

6. Rent Determination and Adjustment

Rent determination

Article 344(3) governs the assessment for leases lasting more than five years or renewed after five years, and subsequent five-year periods. The court considers the relevant index, condition of the premises, comparable rents and equity. It should not be assumed that the landlord’s proposed market figure will be awarded.

Under Article 345, a rent determination action can be brought at any time. The thirty-day rule, a timely written notification and an existing contractual increase clause concern the period from which the determined rent takes effect. They are not a universal deadline after which no action can be filed.

Adjustment for hardship

Article 138 concerns extraordinary, unforeseeable circumstances and excessive difficulty in performance, subject to its requirements. Either party’s position may require assessment. Inflation or a market change does not automatically establish a right to adjustment in every case.

Court and procedure

Tenancy disputes generally fall within the subject-matter jurisdiction of the civil court of peace. Territorial jurisdiction must be examined under the applicable rules; the property’s location should not be presented as the only possible forum for every tenancy claim. Matters before that court generally use the simplified procedure. Pre-action mediation must also be considered.

7. Enforcement of Unpaid Rent

A landlord may pursue unpaid rent through the relevant enforcement procedure without first obtaining a judgment. The procedure and requested remedy matter: collecting rent and obtaining eviction are distinct issues.

In the procedure under Articles 269 onwards of the Enforcement and Bankruptcy Law, the ordinary objection period is seven days after service. For residential and roofed business premises, the payment period relevant to default is generally at least thirty days under Article 315 of the Code of Obligations. The seven-day objection period must not be described as the same payment period.

1. The creditor applies for the appropriate payment order and, where relevant, requests the eviction warning.
2. The tenant checks service, the claimed debt, the lease and the objection and payment periods.
3. A timely objection stops the enforcement to the extent provided by law. Depending on the documents and issue, removal of the objection or an action to annul it may be relevant; it is not always necessary to bring only one particular kind of action.
4. Where the statutory conditions are met, the enforcement court may be asked to order eviction. An enforceable decision is then carried out through the enforcement authority.

8. Court Costs and Legal Fees

Fees and litigation expenses depend on the type and value of the claim, applicable legislation and procedural steps. Rent determination, adjustment and eviction do not necessarily have identical fee calculations.

Legal fees are agreed for the relevant service subject to professional rules and the national minimum fee tariff. A local bar association’s recommended schedule has a different role from the national minimum tariff.

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