Rental and Eviction
Law in Turkey

01 / Legal framework

Rental and Eviction Legal Services in Turkey

Legal Istanbul advises landlords and tenants on rental agreements, rent disputes and lawful eviction procedures in Turkey. The first review establishes the lease terms, payment history, relevant notices and available legal options.

Main legal framework

Turkish Code of Obligations, together with mediation and procedural rules

Before taking action

Check the legal ground, evidence, notification date and correct procedure

This page focuses on residential and roofed business premises. Different rules may apply to other property types, short tourist stays or occupation without a tenancy. A foreign passport or an owner living abroad does not remove the protections attached to a qualifying lease.

A dispute about rent is not automatically a right to recover possession. Equally, a tenant should not ignore a formal notice because the requested amount seems incorrect. The document and response period need separate review.

02 / Scope of work

Advice for Landlords and Tenants

The firm acts for the agreed client after checking for conflicts of interest, not for both sides of the same dispute. The engagement sets out the scope, fees and responsibility for deadlines. Tax returns, property management and technical inspections require separate arrangements.

For an owner planning a sale or purchase, the tenancy should also be reviewed alongside the transaction. Our property purchase service covers that wider legal work.

03 / Before signing

Rental Agreements and Property Handover

A written lease should identify the parties, exact unit, permitted use, starting date and rent. Confirm that the person signing for the landlord has authority. Keep the signed agreement and all attachments, including later changes.

Review the payment account, due date, lawful increase terms, building charges, utilities and repair duties. Foreign-currency clauses need a separate check of the applicable restrictions and exceptions. A familiar contract template does not make every clause valid.

At delivery, record the keys, meter readings, furniture and visible defects with dated photographs and an agreed inventory. Check separate documents before signing, especially a promise to leave on a future date. Do not sign blank forms.

Subletting residential or roofed business premises generally requires the landlord's written consent. Permission to rent a home does not itself authorise tourist accommodation. A lease also does not guarantee a residence permit or address registration.

04 / Rent and renewal

Rent Increases and Court Review

For ordinary renewals covered by Article 344, an agreed increase cannot exceed the change in the twelve-month average Consumer Price Index for the previous rental year. This is not the monthly inflation figure or the headline year-on-year rate.

The temporary 25% residential increase cap applied to specified past renewal periods. It should not be used as the current general ceiling. Older rent calculations may still need review under the rules that applied at the time.

The five-year review is not an automatic reset to the landlord's asking price or a right to evict. The timing of the claim and any earlier notice affects when a court-set rent applies. Foreign-currency leases require separate analysis.

05 / Money and condition

Security Deposits, Repairs and Damage

For residential and roofed business leases, agreed security cannot exceed three months' rent. Article 342 provides a bank arrangement for money security that prevents one party from withdrawing it alone. Release depends on the applicable agreement or legal procedure.

A deposit is not automatically the last month's rent. A tenant who stops paying on that basis may create a separate debt. Equally, a landlord should identify and support any deduction instead of treating the whole deposit as a penalty.

The landlord must deliver and maintain the premises fit for the agreed use. Tenants have duties concerning careful use, ordinary cleaning and maintenance, and reporting relevant defects. Keep written reports, photographs and repair invoices. Obtain advice before withholding rent or deducting repair costs unilaterally.

Ordinary wear from proper use is different from damage for which the tenant is responsible. At return, the landlord should inspect the property and promptly notify the tenant of defects for which a claim is made; hidden defects require separate consideration.

06 / Ending the lease

Lease Expiry Does Not Automatically Mean Eviction

In a qualifying fixed-term lease, the tenant generally needs written notice at least fifteen days before the term ends to prevent renewal. Without the required notice, the lease normally extends for one year on the applicable terms.

The landlord cannot end it simply because the original year has finished. A lawful ground or the separate long-extension termination route is needed. Under Article 347, that route becomes available after the ten-year extension period, for the end of a following extension year, with at least three months' notice. It is not a simple ten-year count from move-in.

Indefinite leases have different termination calculations. Family-home protections, who signed the lease and whether a notice reached the correct person can also matter. Before sending a notice, calculate the dates using the actual agreement and its renewal history.

On which grounds and within which periods a landlord can have a tenant evicted is explained in detail in the guide to tenant eviction in Turkey.

07 / Payment disputes

Unpaid Rent and Written Payment Notices

Start with a month-by-month account of rent due, payments received and any disputed increase or charge. Bank references, receipts and the payment dates may change both the balance and the available eviction ground.

Under Article 315, a written notice for unpaid rent or relevant charges must allow at least thirty days for payment in residential and roofed business leases, with the required termination warning. The period starts on the day after notification. A short informal demand is not automatically a valid notice.

The separate two-justified-warning route under Article 352 concerns written warnings caused by unpaid rent within the relevant lease period. Sending two messages about the same balance is not enough by itself. The debts, notification dates and statutory filing period need review.

An enforcement payment order has its own objection and payment rules. The objection period may be shorter than the time allowed to pay. Send the complete document and delivery record promptly; do not assume that paying or disputing the amount resolves every procedural issue.

08 / Grounds and evidence

Personal Need, Reconstruction and Other Grounds

A landlord's genuine need for the premises, or qualifying needs of specified family members, may support a claim. The reason must be real and supported by evidence. A wish to obtain a higher rent is not the same ground.

Ordinary decoration is not automatically qualifying reconstruction. For fixed-term leases, Article 350 normally requires proceedings within one month after the term ends, subject to applicable extensions and procedural rules.

After an eviction based on need, Article 355 restricts letting to someone other than the former tenant for three years without a justified reason. Breach can lead to compensation. Reconstruction has separate former-tenant protections.

09 / Buying a rented property

A Property Sale Does Not End the Tenancy

Under Article 310, the new owner generally takes the former owner's place in the lease. A promise from the seller that the tenant will leave should be checked before purchase; ownership transfer alone does not deliver an empty property.

For the special need-based route under Article 351, written notification must reach the tenant within one month of purchase. If its conditions are met, the new owner may bring the claim after six months. This is not a guarantee of possession on the six-month date.

The article also provides an alternative claim within one month after the lease ends. Review both routes before choosing a notice date. Obtain the lease, amendments, deposit records, payment history and earlier correspondence from the seller. Our title deed and due diligence service can address these issues before completion.

10 / Written undertakings

Written Promises to Vacate the Property

A tahliye taahhutnamesi is a written undertaking to leave on a specified date. Article 352 requires it to be given after the premises have been delivered. A document signed as part of the initial handover raises different questions from a later voluntary undertaking.

Check the original, signing authority, date of issue and promised departure date. Signature disputes, blank spaces, family-home protections or claims about how it was obtained may affect the case. A notarised document does not remove every possible objection.

The landlord normally must begin the relevant enforcement proceedings or bring the action within one month of the promised date, subject to applicable procedural rules. The court and enforcement routes differ. Obtain advice before the period expires; never alter a signed document to create a more favourable date.

11 / Before court proceedings

Mandatory Mediation and Settlement

Since 1 September 2023, rental disputes generally require mediation before a lawsuit. Article 18/B excludes the specified non-judgment eviction enforcement procedure under Law No. 2004. This is not an exemption for every eviction dispute.

Mediation can address a payment plan, agreed departure, deposit return or disputed rent. Any agreement should clearly identify the amounts, dates, handover conditions and consequences of non-compliance. Its enforceability and any required formalities need review before signature.

For mandatory mediation, the period from the mediation-bureau application to the final report is excluded when calculating the relevant limitation and claim periods. Informal negotiations do not have the same automatic effect. Article 353 may also extend a filing period where the landlord gives a qualifying written notice of intention to sue on time.

These rules must be calculated together. Starting mediation does not repair every expired deadline or replace the notices required for the particular eviction ground.

12 / Preparing the file

Documents and Representation from Abroad

Keep originals and send complete copies, including envelopes or electronic delivery records. Messages can help explain events but should not be treated as a replacement for every required formal notice.

Clients abroad may authorise a lawyer through a suitable power of attorney. Its scope and any translation or authentication depend on where it is issued and the intended steps. Settlement may require specific authority. An initial message to the firm does not itself appoint a lawyer or transfer responsibility for a deadline.

13 / Conduct of the matter

The Legal Process and Expected Costs

1. 01

   Review the File

   Check the lease, payments, notices and deadlines.

2. 02

   Select the Route

   Assess the legal ground, evidence and required notice.

3. 03

   Address Mediation

   Complete the required process and consider settlement.

4. 04

   Bring or Defend Proceedings

   Follow the appropriate court or enforcement procedure.

5. 05

   Complete the Outcome

   Address payment, lawful possession and handover records.

Rental lawsuits generally fall within the Civil Court of Peace, subject to the separate enforcement procedures. A legal ground, filed claim and enforceable outcome are different stages. Notification, objections, evidence, hearings and appeals can affect the timetable; a fixed eviction date cannot be promised.

The budget distinguishes professional fees from court or enforcement charges, notification costs, translation, mediation expenses and any expert work. Court-awarded costs do not necessarily cover everything paid. The proposed scope and fees are agreed before representation begins.

14 / Returning the premises

Early Departure and Lawful Handover

Leaving early does not automatically end every payment duty. Under Article 325, obligations may continue for the reasonable period needed to relet on similar terms. A suitable, financially reliable replacement tenant ready to take over can end that responsibility earlier. Savings and relevant benefits must also be considered.

This is not automatically all the remaining rent, nor a fixed three-month charge in every case. Record when possession and keys were offered or returned, the property's condition and efforts to find a replacement.

For an agreed departure, use a written handover record covering keys, meters, belongings, payments and the deposit. If the landlord refuses the keys, obtain advice on a documented legal return.

Neither a dispute nor a pending eviction claim authorises changing locks, removing belongings or cutting utilities to force departure. A contested recovery of possession must follow the lawful procedure.

15 / Common questions

Questions About Rental and Eviction Law