Tenancy and Eviction Law in Türkiye: 10 Questions and Answers

No. Residential and roofed business premises are subject to the limits in Article 344 of the Turkish Code of Obligations. For renewed rental periods, the change in the twelve-month average consumer price index generally acts as the upper limit; special situations require separate assessment.

No. The request must rely on a statutory ground. Examples include personal need, reconstruction or development, unpaid rent and an undertaking to vacate that meets the legal requirements.

There must be a genuine and sincere housing or business need for the landlord, their spouse, descendants, ancestors or other persons specified by law. The time for filing and the notification requirements depend on the type and duration of the tenancy.

Yes. In certain circumstances a court may be asked to determine the rent before five years have elapsed. However, completion of five years is particularly important for considering comparable rents and fairness. The relevant rental period and legal basis of the action are decisive.

After the tenancy ends, a tenant may seek repayment if their contractual obligations have been fulfilled and there is no valid ground for a deduction. Article 342 of the Turkish Code of Obligations concerning security for residential and roofed business premises must also be considered.

The landlord may start enforcement proceedings to recover the debt and seek eviction if the statutory conditions are met. For residential and roofed business premises, the payment notice, the time allowed to pay and the conditions for eviction are important.

Under Article 352 of the Turkish Code of Obligations, the undertaking must be in writing, be given after delivery of the rented property and provide for vacating on a specified date. Enforcement or court proceedings must also be initiated within the statutory period following that date.

No. A sale does not automatically terminate the tenancy. The new owner may seek eviction for personal need subject to the statutory conditions and the relevant notification and time-limit rules.

This depends on the type of expense, the landlord’s consent, the contract and the Turkish Code of Obligations. Necessary repairs, beneficial improvements and spending based on the tenant’s personal preferences are not treated in the same way.

For disputes arising from a tenancy, applying to a mediator before filing a case is generally mandatory, subject to statutory exceptions. The exceptions concerning eviction through enforcement proceedings without a judgment must be considered separately.