A residential lease in Turkey is governed by a detailed legal framework. Many clauses commonly included by landlords are void, and certain protections for tenants apply regardless of what the contract says. A well-prepared lease reflects these mandatory rules, anticipates common disputes, and sets clear terms on every matter the parties are free to regulate.
The general lease rules are set out in Articles 299 to 378 of the Turkish Code of Obligations No. 6098 (TBK). The special rules for residential leases and leases of roofed workplaces are in Articles 339 to 356. Where the two conflict, the special rules prevail, as they are designed mainly to protect the tenant.
Scope of the Protective Rules
The special protections apply to dwellings used for housing and to roofed workplaces. They apply to both fixed-term and indefinite-term leases, whether in writing or verbal. Turkish law does not require a written lease for validity, but a written agreement is practically indispensable. It is the reliable way to prove the lease terms, the condition of the property at handover, and any special arrangements.
Essential Contents of the Agreement
Parties. Include full names, addresses, and identification numbers for both landlord and tenant. For a company, include its trade name, tax number, and authorized signatory. For a foreign tenant, include passport details and any residence permit number.
Property. Describe the property so that it can be uniquely identified: full address, floor and apartment number, title deed parcel and block numbers where available, and any appurtenant areas such as a parking space, storage room, or garden.
Rent. Rent must be stated in Turkish Lira. Foreign-currency rent is restricted for residential properties where both parties are Turkish residents. State the payment date, the payment method, and the bank account to which payments are made. This creates a record that the tenant can use to prove timely payment.
Term. The parties may agree on a fixed or indefinite term. Most residential leases in Turkey are concluded for one year and renew automatically unless a statutory termination condition applies.
Rent Increases
Under Article 344 TBK, an agreed rent increase on renewal is valid only up to the twelve-month average change in the consumer price index (CPI) for the preceding lease year. Any excess is void. Parties may agree on a lower increase freely.
The CPI ceiling and its application after a long tenancy should be reviewed against the current statutory text before the agreement is finalized.
Security Deposit
Under Article 342 TBK, the security deposit (güvence bedeli) for residential leases may not exceed three months’ rent. Any excess is void, and the tenant may demand the return of amounts paid above the cap.
If the deposit is paid in money, Article 342 requires it to be held in an interest-bearing savings account opened in the tenant’s name. It may not be withdrawn without the written consent of both parties or a final court order. A landlord who keeps the deposit personally rather than in the required account is in breach of this requirement and may be liable for resulting loss.
Mandatory Protections
Under Article 343 TBK, terms disadvantageous to the tenant may not be changed during the lease, except with respect to the rent amount. A landlord cannot unilaterally add tenant obligations during the tenancy or reduce the tenant’s rights.
Clauses that are frequently void include:
- Passing building-wide maintenance costs that are legally the landlord’s responsibility to the tenant
- Late-payment penalties beyond the statutory default interest
- Entry to the property without prior notice
Eviction Commitment
An eviction commitment (tahliye taahhütnamesi) is a document in which the tenant agrees to vacate by a specified date. It is valid only if signed after the lease agreement has come into force. A commitment signed together with the lease, or as a condition of concluding it, may be treated as given under duress and found unenforceable. It should therefore be a separate document, dated after the lease commencement date.
Guarantors
A guarantee must comply with Article 583 TBK. The guarantor must write, in their own hand, the maximum amount guaranteed, the date of the guarantee, and, where applicable, the statement of joint and several liability. A guarantee lacking these handwritten elements is not validly given, even if the lease itself is valid.
Property Condition Report
Although not strictly required by statute, a detailed condition report signed by both parties and supported by dated photographs is one of the most useful documents in a tenancy. It records fixtures, appliances, paintwork, flooring, and existing damage at handover. Without it, disputes over damage and the security deposit are difficult to resolve.
Foreign Parties
Leases involving foreign landlords or tenants follow the same legal rules as domestic leases, and rent must still be in Turkish Lira. Where a foreign landlord lives abroad, the agreement should state how rent will be received and whether a local representative is authorized to act for them.
Legal Support
Attorney Ozan Soylu is a practicing lawyer in Istanbul advising landlords and tenants on lease drafting and review, deposit disputes, eviction commitments, and lease-related litigation. Legal consultancy and representation are available for foreign clients as well. For questions on lease matters under Turkish law, contact our office.
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