Guide to Leases, Eviction and Rent in Türkiye

Open a topic below to find the relevant issues in Turkish tenancy law.

Leases, Procedure and Termination

Types of lease
  • Residential and roofed business premises
  • Property leases under general rules
  • Movable property and movable structures
  • Agricultural or business yield leases and animal leases
  • Applicable rules and unification judgments
Residential or business lease, or general rules?
  • Purpose, characteristics and home offices
  • Conversion from residence to workplace
  • Scope of the special rules under Article 339 onwards
  • Expiry and one-month period for direct enforcement
  • Predominant character of the property
Public tenders and Treasury leases
  • Law No. 2886 and priority of special rules
  • Expiry, occupation compensation and eviction
  • Declarations of tenancy and resolution of disputes over status
  • Treasury property rules and notices
Court with subject-matter jurisdiction
  • Civil court of peace under Article 4(a)
  • Proceedings before the enforcement court
  • Combined lease and services, with or without operator
  • Negative declaratory action over a note given in connection with a lease
Venue and mandatory mediation
  • Contractual lease claims and exclusive venue for rights in rem
  • General venue and place of performance
  • Pre-action mediation in tenancy disputes
  • Exception for eviction through enforcement without a judgment
Landlord and proper parties
  • A landlord who is not the owner
  • Letting through an agent
  • Rights of a co-owner who did not let the property
  • Proper parties depending on the contract and claim
Term, renewal and notice periods
  • Renewal on the same terms or for the same period
  • Conversion to an indefinite lease
  • Three months’ notice and six-month periods under Article 329
  • Interpreting the stated term
Lease contents
  • Property, rent, start date and agreed term
  • Written form as evidence
  • Fixtures, incidental expenses, utilities and building rules
  • Business rent withholding and conflicting contracts
  • Invalid linked contracts under Article 340
Guarantees
  • Formalities under Article 583
  • Spousal consent under Article 584
  • Express terms on the guarantor’s liability for damages
Use, defects and damage
  • Duty of care under Article 316
  • Damage beyond ordinary wear and expert evidence
  • Tenant remedies for defects under Article 305
  • Termination for a serious defect
  • Essential repairs and temporary vacation
Expenses, subletting and assignment
  • Alterations under Article 321
  • Necessary, useful and luxury expenses
  • Written consent for subletting and notice for breach
  • Assignment under Article 323
  • Use by family members or co-occupants
Rent, ending the lease and security
  • When rent falls due under Articles 314 and 91
  • Contractual increases and the CPI ceiling
  • Key handover, records and mutual termination
  • Reasonable-period compensation under Article 325
  • Return and offset of security under Article 342

Eviction, Rent Determination and Adjustment

Eviction grounds and default
  • Eviction grounds and standing of a non-landlord owner
  • At least 30 days to pay for residential or roofed business premises
  • Building charges and incidental expenses
  • Form 13 enforcement and payment order
Eviction through enforcement
  • Six-month application period after the payment deadline if no objection or payment
  • Service of objections and filing deadlines
  • Application before the 30-day period expires
  • Payment deadline falling on a holiday
  • Enforcement of eviction orders and applicable deadlines
Recovery of rent
  • Monthly arrears and pending proceedings
  • Removal versus annulment of an objection
  • Effect of enforcement court decisions
  • Payments to the enforcement office or another recipient or account
  • Proof of lease and payment
Breach of lease
  • 30-day period for homes and roofed workplaces
  • Written termination without a cure period under Article 316(3)
  • Underreporting turnover rent
  • Neighbour relations and disturbances
  • Intentional serious damage to the property
Extraordinary termination and ten-year extension
  • Intolerable continuation under Article 331
  • Notice periods and compensation
  • Article 347 for fixed and indefinite leases
  • Effect of a new contract or addendum
  • Wording of the notice
Residential need
  • Genuine, sincere and necessary need
  • Need for a holiday home
  • Notices and changes to the claimed need
  • Marriage and retirement
  • Effect of offering the home for sale
Business need and renovations
  • Need of the company or a shareholder
  • Opening a branch and expanding the business
  • Suitability of premises
  • A descendant’s need to start a business
  • Major renovations and rebuilding
New owner and reletting restrictions
  • One-month notice, action after six months, and alternative after expiry
  • Compliance with the period given in the notice
  • Failure to give notice of need and separate rent default rules
  • Lease annotation and deadline examples
  • Alleged sham sale
  • Three-year reletting restriction without good cause
Eviction undertaking
  • Validity, burden of proof and conditional undertakings
  • Blank undertakings later completed and evidence by oath
  • Form 14 enforcement or civil court proceedings
  • Signature objections, notarisation and use by new owner
  • Family home objections and effect on subtenants
Two justified notices
  • Two notices in one rental year and service
  • Indefinite leases and annual payments
  • Splitting arrears and abuse of rights
  • Rent months already covered by the first notice
  • Default based on rent admitted by the tenant
Other home and filing deadline
  • Other home of tenant or spouse
  • Suitable home in the same district or municipal area
  • Inherited home
  • One rental-year extension by timely written notice
Rent determination
  • Effective rental period, 30-day rule and contractual increase clause
  • Index-based and equitable assessment periods
  • Co-ownership and joint ownership
  • Turnover rent and contractual increase rate
  • Net or gross rent and finality
Expert evidence and calculations
  • Comparables, expert report and equitable discount
  • Tenant improvements
  • Examples by rental period
  • Appeal threshold
  • Unification judgments on rent determination
Rent adjustment
  • Requirements for excessive hardship
  • Force majeure and extraordinary events
  • Adjustment, rescission and termination
  • Distinction from rent determination
  • Adjustment of turnover leases
Court fees, legal costs and mediation
  • Fees on the annual difference
  • Lawyer’s fees and litigation expenses
  • Amendment of the amount sought and judicial limits
  • Effect of mediation on filing deadlines
  • Premature application and standing

Related guides

Legislation