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.

The post Lease Agreement in Turkey, How to Prepare first appeared on Ozan Soylu Law Office.

Turkish law treats the transfer of real property as an act that requires a special and explicit grant of authority. The general principle of representation under the Turkish Code of Obligations permits a person to act on behalf of another in legal transactions, but not all acts fall within the scope of a general mandate. Transferring, encumbering, or otherwise disposing of real property is an act of exceptional significance, and the law requires that the power of attorney used for such transactions reflect this significance in both form and content.

The Legal Basis for Property Transactions Through a Representative

The foundational rules governing agency relationships and the limits of representative authority in Turkish law are set out in Articles 502 through 514 of the Turkish Code of Obligations. Of these, Article 504 is the most directly relevant to property transactions. This article establishes that unless explicitly authorized, a representative may not transfer real property, encumber it with a lien or mortgage, or create any other real right over it. The disposition of immovable property therefore falls into the category of acts that require a special and express grant of authority, separate from any general mandate that might already exist between the parties.

Article 504 of the Turkish Code of Obligations No. 6098: Unless specifically authorized to do so, the agent may not file a lawsuit, reach a settlement, submit to arbitration, request bankruptcy, make a commercial paper commitment, make a donation, act as a guarantor, transfer real property, or encumber real property with a limited real right.

This provision means that a person holding only a general power of attorney covering everyday matters — such as banking, utility subscriptions, or administrative procedures — cannot use that document to sell or mortgage the principal’s property at the Land Registry. The power of attorney must specifically and unambiguously include the authority to perform the type of transaction involved. If it does not, the Land Registry will refuse to process the transaction.

Form and Content Requirements for the Power of Attorney

Turkish law requires that a power of attorney used for real property transactions be executed before a notary public. This formal requirement is not merely procedural. The notary’s role is to verify the identity of the person granting the authority, to confirm their legal capacity, and to ensure that the document is executed voluntarily and with full understanding of its content. The notary also affixes an official seal and registers the document in the national notarial records system.

In addition to notarial execution, the power of attorney used for property transactions at the Land Registry must include a photograph of the person granting the authority. This photograph requirement was introduced to assist Land Registry officers in verifying that the document genuinely originates from the person whose name appears on it, and to reduce the risk of identity fraud. A power of attorney without a current photograph is not accepted for use in Land Registry proceedings.

The document must clearly identify the type of transaction that the representative is authorized to perform. A power of attorney drafted for a sale transaction should specifically state the authority to sell, the authority to receive the purchase price, and if relevant the authority to deliver possession of the property. A power of attorney intended for mortgage purposes should specify the authority to encumber the property with a lien in favor of a named or determinable creditor. The more precisely the scope of the authority is defined, the less room there is for dispute about whether a particular act was within the agent’s mandate.

While the law does not generally impose a validity period on powers of attorney, the General Directorate of Land Registry and Cadastre recommends that powers of attorney older than ten years be renewed before use, as the passage of time may raise questions about whether the circumstances that led to the grant of authority still exist. However, under the settled position of the General Directorate and consistent with the Court of Cassation’s case law, age alone does not invalidate a power of attorney provided that none of the statutory grounds for termination have occurred.

Authorizing Specific Properties Versus General Authorization

A recurring practical question in property transactions is whether the power of attorney must name the specific property to be transferred or whether a general authorization over all of the principal’s real estate is sufficient. Turkish law permits both approaches, but the more specific the authorization, the clearer the legal basis for the transaction and the lower the risk of subsequent disputes.

A broadly worded power of attorney may authorize the representative to sell or encumber any property owned by the principal within Turkish territory. This approach provides flexibility when the principal is unsure which properties may need to be transferred, or when multiple transactions are anticipated. However, it also creates a wider scope for potential abuse, since the representative is technically authorized to act with respect to all of the principal’s property portfolio. Where only a specific transaction is contemplated, it is preferable to name the particular property by its land registry parcel number, district, and province, thereby confining the agent’s authority to the identified asset.

The power of attorney may also include a sub-delegation clause, known as tevkil yetkisi, which allows the representative to appoint a substitute agent. This is relevant where the representative may be unavailable to attend the Land Registry on the scheduled date and wishes to delegate the execution of the deed to another person. The original power of attorney must explicitly grant this sub-delegation right, as it does not arise automatically from a general mandate. It is worth noting that the Land Registry keeps the original power of attorney on file after the transaction is completed. If the same document needs to be used at multiple registry offices or for multiple transactions, the principal should obtain certified copies of the original from the notary.

Obtaining a Power of Attorney from Abroad

Property owners who reside outside Turkey frequently need to grant someone in Turkey the authority to manage or transfer their property. Turkish law provides two recognized pathways for obtaining a valid power of attorney from abroad. The first is to attend the Turkish Consulate or Embassy in the country of residence. Turkish consular offices are authorized to perform notarial functions for Turkish citizens abroad, and a power of attorney executed at a consulate carries the same legal force within Turkey as one issued by a domestic notary. No further authentication or apostille is required for consular documents.

The second pathway is to execute the document before a notary public in the foreign country. In this case, the document must be certified with an apostille in accordance with the Hague Convention on Abolishing the Requirement of Legalisation for Foreign Public Documents, to which Turkey is a party. Once the apostille is affixed, the document must be translated into Turkish by a sworn translator and the translation must itself be notarized. Only after these steps have been completed will the Land Registry accept the document as a valid basis for the transaction.

Foreign nationals who own property in Turkey and wish to grant a power of attorney to a Turkish representative must follow the same procedure, adapting it to the requirements of their own country’s notarial system. The Turkish Land Registry has issued circulars clarifying the standards that foreign-issued powers of attorney must meet, and the requirements regarding the photograph of the principal and the specificity of the property-related authorization apply equally to documents issued abroad.

The Title Deed Transfer Process at the Land Registry

Once a valid power of attorney has been obtained, the representative attends the Land Registry Directorate serving the district where the property is located and requests the registration of the transfer. The documents required for this procedure include the original power of attorney, the representative’s own identity document, the title deed or parcel information for the property, the municipality’s statement of the property tax value, compulsory earthquake insurance for residential buildings, and in transactions involving foreign buyers, the property valuation report and the foreign exchange purchase certificate.

The Land Registry officer reviews the power of attorney to confirm that it is current, properly executed, includes the required photograph, and grants the specific authority needed for the transaction at hand. If any deficiency is identified, the transaction is suspended until the deficiency is corrected. The officer then processes the deed, and the transfer is registered in the land register. At this point ownership legally passes to the buyer. Turkish law is clear that informal agreements, private contracts, or even notarized preliminary sale agreements do not transfer ownership of real property. Only registration at the Land Registry is legally constitutive of property rights.

Termination and Revocation of the Power of Attorney

A power of attorney for property transactions may come to an end through several events defined in the Turkish Code of Obligations. The death of either the principal or the agent terminates the mandate as a matter of law, unless the document expressly provides that it shall survive the principal’s death. If the principal loses legal capacity through a court decision or medical incapacity, the mandate also terminates. Bankruptcy of either party, resignation by the agent, or revocation by the principal likewise brings the relationship to an end.

Revocation, known as azil, does not require any particular form under Turkish law. The principal may revoke the power of attorney at any time by giving notice to the agent. However, for the revocation to be effective against third parties — including the Land Registry — it is strongly advisable to notify the Land Registry Directorate of the revocation in writing and to obtain confirmation that the notification has been recorded. A revocation that is not communicated to third parties who deal with the agent in good faith may not be enforceable against them, which can leave the principal exposed to transactions they no longer wish to authorize.

Abuse of Authority and Fraudulent Transfers

The risks associated with property transfers through powers of attorney arise primarily from two scenarios: the representative exceeding the scope of the authority granted, and the use of a forged or fraudulently obtained power of attorney by a person who was never actually authorized by the property owner. Both scenarios can result in a property being transferred without the genuine consent of the owner, and both are addressed through specific provisions of Turkish property law.

Article 1023 of the Turkish Civil Code No. 4721: A third party who acquires ownership or another real right in good faith, relying on the entry in the land register, shall have that acquisition protected.

The protection of good faith third parties under Article 1023 of the Turkish Civil Code is the central tension in cases of fraudulent property transfer. Where a representative acting under a forged power of attorney transfers property to a buyer who had no knowledge of the forgery and no reason to suspect it, the buyer’s acquisition may be protected against cancellation if the buyer acted in good faith and relied on the land register entry. The original owner loses the property and is left with a claim for compensation against the perpetrator of the fraud.

However, this protection does not extend to the immediate recipient of a fraudulent transfer. A person who acquires property directly from a forged or unauthorized power of attorney cannot invoke the good faith protection of Article 1023, because that person is the first link in the fraudulent chain. It is only subsequent buyers, who acquired the property from this person in reliance on the land register and without knowledge of the underlying fraud, who may claim protection.

Where a title registration is challenged on the grounds of a forged power of attorney, the property owner may bring a title cancellation and re-registration lawsuit before the civil court. The court examines the authenticity of the power of attorney, the scope of the authority it purported to grant, and the good faith of any subsequent transferees. Where the forgery is established and the immediate transferee acted in bad faith, the title is cancelled and re-registered in the name of the original owner. The state bears liability for title registry errors under Article 1007 of the Turkish Civil Code, which may also provide a basis for compensation where the Land Registry failed to detect a forged document that should have been identified through proper scrutiny.

Real Estate Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising property owners and buyers on power of attorney procedures, Land Registry transactions, and legal remedies in cases of unauthorized or fraudulent property transfers under Turkish law. His practice covers the preparation of legally compliant powers of attorney for domestic and overseas clients, representation in title cancellation and re-registration disputes, and legal support throughout the property acquisition and transfer process in Turkey.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

The post Transferring Property in Turkey Through a Power of Attorney first appeared on Ozan Soylu Law Office.

The cadastral surveying process is still ongoing in various parts of Turkey. Although a significant portion of the country’s land has been cadastrally registered, there remain localities where surveying has not yet been completed or where earlier surveys are being revised. For landowners, heirs, and persons with pre-existing rights over a parcel of land, understanding how cadastral determinations are made and how they can be challenged is a matter of direct practical importance.

The Cadastral Survey Process Under Law No. 3402

The cadastral survey is carried out by teams consisting of cadastral technicians operating under the authority of the relevant Cadastre Directorate. Before field operations begin, the area to be surveyed is publicly announced at least seven days in advance through customary means in the relevant village or neighborhood. If field operations are interrupted for more than three months, a fresh announcement is required.

Once the field team arrives at the survey area, the technicians work in the presence of the property owners and other interested parties. They examine all available documentation, including title deeds, tax records, and maps, and take testimony from at least three local expert witnesses, known as bilirkişi, as well as from the muhtar of the relevant village or neighborhood. These local witnesses provide factual information about the historical use and possession of the land, boundaries, and any known disputes.

Article 9 of the Cadastral Law No. 3402: Cadastral technicians shall examine title deeds, tax records, and other documents in conjunction with the knowledge of at least three expert witnesses and the muhtar, apply these to the field conditions, and prepare a cadastral record for each immovable property, determining its boundaries and identifying its rightful owner in accordance with the provisions of this Law.

The technicians prepare a cadastral record, known as a kadastro tutanağı, for each parcel. This record sets out the boundaries of the property, its surface area, and the identity of the person determined to be the owner or holder of a real right over it. If a dispute arises between two claimants and the documents they rely upon are found to be of equal evidentiary weight, the matter is referred to the cadastral commission for resolution. When even the commission cannot resolve the dispute, the property is referred directly to the Cadastral Court.

The Public Announcement and the Objection Period

After the field survey is completed, the cadastral records are compiled into notice sheets, known as askı cetvelleri, and displayed publicly. Under Article 11 of the Cadastral Law, these sheets are posted at the Cadastre Directorate and at the local mukhtar’s office for a period of thirty days. The display period constitutes formal public notice to all interested parties, and the law deems this notice to be equivalent to personal service on every individual and public or private legal entity that may have an interest in the announced determinations.

Article 11 of the Cadastral Law No. 3402: The cadastral records and cadastral maps prepared in accordance with this Law shall be announced by being posted at the Cadastre Directorate and the local muhtar’s office for thirty days. This announcement shall be deemed to constitute personal notification to all real persons and public and private legal entities concerned.

During this thirty-day period, any person who believes that the cadastral determination is incorrect or conflicts with their legal rights may file an objection by initiating a lawsuit before the Cadastral Court. The thirty-day announcement period is a forfeiture deadline, not a mere statute of limitations. This distinction is significant: the court is required to take notice of it regardless of whether either party raises the issue, and it cannot be suspended or interrupted. A person who allows the thirty-day window to pass without filing an objection loses the right to challenge the cadastral determination through the objection mechanism, and the cadastral record is finalized by the Cadastre Director on the day following the expiration of the announcement period.

The Cadastral Court and Its Jurisdiction

Cadastral courts are specialized first-instance courts established in locations where cadastral operations are being conducted. Their jurisdiction commences from the date on which the cadastral record is prepared and continues until the record is finalized. Disputes about the ownership or boundaries of a parcel whose cadastral record has not yet been finalized are within the exclusive jurisdiction of the cadastral court, even if the same dispute had been pending before an ordinary civil court at the time the cadastral operations began. When a lawsuit is already pending before a civil court and a cadastral record is subsequently prepared for the same property, the civil court forwards the relevant information to the cadastral court and continues to retain its own file only in an administrative capacity until the cadastral proceeding is resolved.

Territorial competence belongs to the cadastral court located in the jurisdiction where the property is situated. The proceedings before cadastral courts are conducted according to the general rules of civil procedure under the Civil Procedure Code, with certain modifications specific to cadastral disputes. In particular, the court may order site inspections and is required to appoint expert witnesses to assess boundary lines and the physical condition of the property in the field.

Objection to Cadastral Determination: Grounds and Evidence

An objection lawsuit filed during the thirty-day announcement period may be based on any ground that the plaintiff believes renders the cadastral determination incorrect. Common grounds include errors in the identification of the owner, errors in the drawing of boundary lines, the omission of existing rights such as servitudes or usufructs, the failure to recognize possessory rights that should have been taken into account, and the incorrect application of title or tax records to the field. The plaintiff must identify the specific error and present evidence supporting the correction they are seeking.

Evidence in cadastral objection cases takes several forms. Title deeds, inheritance documents, older cadastral maps, aerial photographs, boundary markers, and tax payment records all serve as primary documentary evidence. Witness testimony from persons who have personal knowledge of the use and possession of the land over time is also central to these proceedings. The court typically orders a site inspection at which the expert witnesses, the parties’ own witnesses, and the court-appointed technical expert all attend. The technical expert prepares a report that identifies the boundaries on the ground, reconciles the documentary evidence with the physical reality of the parcel, and provides the court with a basis for its determination.

Title Cancellation and Re-Registration After Finalization

Once the cadastral record is finalized — either because no objection was filed within the thirty-day period or because the cadastral court has issued a final judgment — the property is registered in the land registry. From this point forward, challenges to the ownership of the property must take the form of an ordinary title cancellation and re-registration lawsuit before the civil court with jurisdiction over the location of the property.

A person who claims that a finalized cadastral determination wrongly attributed ownership of a property to another person, and who bases this claim on rights that existed prior to the cadastral survey, may file a title cancellation and re-registration lawsuit. However, this type of claim is subject to a strict ten-year forfeiture period.

Article 12, paragraph 3 of the Cadastral Law No. 3402: After ten years have elapsed from the date on which the cadastral records specifying the relevant rights, delimitations, and determinations became final, no objection may be raised and no lawsuit may be filed based on legal grounds predating the cadastral survey.

This ten-year period is classified under Turkish law as a hak düşürücü süre, meaning a forfeiture period that extinguishes the underlying right rather than merely barring the legal action. The court must apply this limitation of its own motion, without waiting for the defendant to raise it as a defense. Once the ten-year period has expired, even a person who held a clearly established pre-cadastral right over the land is barred from asserting it through litigation. This rule has been the subject of significant academic and judicial debate, with critics arguing that it effectively eliminates property rights that are constitutionally protected. The Court of Cassation has nevertheless consistently applied it in practice, with certain narrow exceptions, including cases where the cadastral determination was itself procured through fraud, where the heir acquired their interest after the cadastral finalization date, or where the conduct at issue falls within the doctrine of inheritance fraud known as muris muvazaası.

Cadastral Disputes Involving State Land and Forest Areas

A particularly contentious category of cadastral dispute in Turkey involves land that the state asserts forms part of the public domain or falls within the boundaries of a state forest. The Forestry Law No. 6831 contains its own cadastral provisions governing the delimitation of state forests, and forest cadastral surveys are carried out by separate commissions that operate alongside the general cadastral teams. The ten-year forfeiture rule under the Forestry Law mirrors the provision in the Cadastral Law but explicitly exempts the Treasury from its application, meaning that the state retains the right to claim forest land even after the ten-year period has expired, while private individuals do not.

In practice, disputes over whether land constitutes a state forest or private property are among the most complex and prolonged cadastral lawsuits in the Turkish legal system. They typically involve multiple rounds of expert testimony, satellite imaging, historical records of vegetation cover, and assessments of the land’s classification under earlier forestry maps. The Court of Cassation has developed extensive case law on the evidentiary standards applicable in these disputes, and the outcomes are often highly dependent on the specific documentation available for the parcel in question.

The Role of the Land Registry After Cadastral Finalization

Following finalization and registration, the land registry becomes the authoritative record of title for the property. Under Turkish civil law, the land registry carries a presumption of correctness, and third parties who acquire rights over registered property in good faith and for value are generally protected even if the underlying registration was erroneous. This principle of reliance on the land registry, codified in the Turkish Civil Code, interacts with the cadastral system in important ways. A person who is wrongfully dispossessed of a property through an erroneous cadastral determination and who fails to challenge that determination within the applicable deadlines may find that the property has subsequently been transferred to a good-faith third party purchaser. In that scenario, the wronged party can no longer recover the property itself and must instead pursue a compensation claim against the state for the loss caused by the erroneous cadastral operation.

The General Directorate of Land Registry and Cadastre bears institutional responsibility for the accuracy of cadastral operations, and individuals who suffer provable losses as a result of cadastral errors have the right to seek compensation from the state under the general principles of administrative liability. These compensation claims are pursued before the administrative courts and require the plaintiff to demonstrate both the existence of a cadastral error and a direct causal link between that error and the loss suffered.

Real Estate and Property Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising clients on cadastral disputes, title cancellation and re-registration lawsuits, and land registry proceedings under Turkish law. His practice covers objection lawsuits filed during the cadastral announcement period, pre-cadastral rights claims, and compensation actions arising from erroneous cadastral determinations, representing both individual landowners and foreign nationals with property interests in Turkey.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

The post Cadastral Determination and Land Registry Lawsuits in Turkey first appeared on Ozan Soylu Law Office.

In practice, the suretyship clause is typically incorporated into the body of the lease agreement itself, rather than being formalized as a separate contract. While both approaches are permitted under Turkish law, the formal requirements for a valid suretyship apply with equal force in either case. Courts and enforcement proceedings have produced a substantial volume of disputes arising from improperly executed suretyship clauses in printed lease forms, making it essential for all parties to understand precisely what the law demands before signing.

The Legal Definition and Nature of Suretyship Under Turkish Law

The Turkish Code of Obligations defines suretyship in Article 581 as a contract under which the surety undertakes personal liability toward the creditor for the consequences of the debtor’s failure to perform an obligation. In the context of a lease, the creditor is the landlord, the debtor is the tenant, and the surety is the guarantor who steps into the picture if the tenant defaults on rent payments, causes damage to the property, or otherwise breaches the lease.

Article 581 of the Turkish Code of Obligations: A suretyship is a contract by which the surety undertakes personal liability to the creditor for the consequences arising from the debtor’s failure to perform an obligation.

A fundamental characteristic of suretyship under Turkish law is its accessory nature. The surety’s obligation is dependent on and subordinate to the existence of a valid principal obligation between the tenant and the landlord. If the underlying lease agreement is invalid, the suretyship built upon it also becomes invalid. Conversely, defenses available to the tenant against the landlord’s claims may, in certain circumstances, also be raised by the surety. This principle protects the surety from being held to a broader obligation than the one the tenant originally assumed.

Formal Requirements for a Valid Suretyship

Turkish law imposes what is known as a qualified written form requirement for suretyship agreements. Ordinary writing — such as a printed contract signed by the surety — does not suffice. The law requires that certain elements be written in the surety’s own handwriting, and the absence of any one of these elements renders the entire suretyship void.

Article 583 of the Turkish Code of Obligations: A suretyship agreement is not valid unless it is made in writing and specifies the maximum amount for which the surety is liable and the date of the suretyship. The surety must write by hand the maximum amount for which the surety is liable, the date of the suretyship, and, where the surety assumes joint and several liability, the surety’s capacity as joint and several surety or any other expression to that effect.

This provision has generated extensive litigation in Turkish courts. A recurring problem in practice is the use of printed lease forms where the suretyship section is pre-typed, with the surety merely adding a signature. The Court of Cassation has consistently held that such arrangements are invalid: the maximum amount of liability, the date, and — where applicable — the designation as joint and several surety must all appear in the surety’s own handwriting. A printed or stamped version of these elements, even if the surety has signed the document, does not satisfy the statutory requirement.

The maximum amount of liability is a mandatory element. This figure caps the surety’s exposure and provides certainty about the extent of the guarantee. It is not sufficient to include a vague reference to liability for all rental obligations; a specific monetary figure must be stated. In practice, the maximum amount is typically set equal to one year’s rent or a multiple thereof, depending on the parties’ negotiation. If the maximum amount is omitted entirely, the suretyship is null and void, and no claim can be brought against the surety even if the tenant has clearly defaulted on debts that arose during the original lease term.

Ordinary and Joint and Several Suretyship

Turkish law recognizes two primary types of suretyship: ordinary suretyship, known as adi kefalet, and joint and several suretyship, known as müteselsil kefalet. The distinction has significant practical consequences for the landlord.

In an ordinary suretyship, the landlord must first pursue the tenant and exhaust available remedies before turning to the surety. This means that a landlord who has not yet initiated enforcement proceedings against the tenant, or who has not demonstrated the impossibility of collecting from the tenant, cannot simply proceed directly against the ordinary surety. The subsidiary nature of ordinary suretyship thus creates a sequential obligation that can considerably delay the landlord’s ability to recover unpaid rent.

Joint and several suretyship places the surety in a position similar to a co-debtor. Under Article 586, the landlord may pursue the joint and several surety once the tenant has failed to pay a matured debt and has been given formal notice. If the tenant is manifestly insolvent, the landlord may proceed directly against the joint and several surety without even sending prior notice to the tenant. This makes joint and several suretyship considerably more favorable from the landlord’s perspective, which is why it is the more commonly requested type in residential and commercial lease practice.

For a suretyship to qualify as joint and several, the surety must have written the words “joint and several surety” or a phrase conveying the same meaning in his or her own handwriting. If the phrase appears only in the printed text of the form, without a corresponding handwritten notation by the surety, the suretyship defaults to the ordinary type, even if the parties intended a stronger form of guarantee.

The Spouse’s Consent Requirement

One of the most frequently overlooked requirements in Turkish suretyship law is the obligation to obtain the written consent of the surety’s spouse. Article 584 of the Turkish Code of Obligations provides that where a surety is married at the time of concluding the suretyship, the written consent of the other spouse must be obtained before or at the time the suretyship is executed.

Article 584 of the Turkish Code of Obligations: For a suretyship to be valid, the written consent of the surety’s spouse must be obtained, unless the spouses have legally separated. This consent must be given prior to or at the same time as the suretyship.

This requirement reflects the legislature’s intention to protect the family unit from the financial consequences of one spouse assuming potentially significant personal liability without the other’s knowledge. The consent must be contemporaneous with the suretyship: a spouse’s approval given after the suretyship has already been signed does not retroactively validate the agreement. If the consent is missing at the time of execution, the suretyship is void in its entirety, and the landlord has no claim against the surety regardless of how substantial the tenant’s unpaid obligations may be.

In practice, this means that landlords and their advisors must verify at the time of signing whether the surety is married and, if so, ensure that the other spouse is either present to sign a written consent or has submitted such consent in advance. A common error is to obtain the main signatures and later seek the spouse’s consent, which is legally ineffective under the statute as interpreted by the Court of Cassation.

Scope of the Surety’s Liability

The scope of what the surety is liable for is determined primarily by the terms of the suretyship agreement, subject to the statutory maximum. Unless the parties have expressly limited the scope to a particular type of obligation, the surety’s liability generally extends to all of the tenant’s obligations arising from the lease, including unpaid rent, damages to the premises, utility debts that have been assumed by the tenant under the lease, and similar financial consequences of the tenant’s default.

Interest, enforcement costs, and ancillary charges may also fall within the surety’s liability if they are within the agreed maximum amount and were contemplated by the parties at the time the suretyship was executed. However, any increase in the tenant’s obligations that results from a subsequent unilateral modification of the lease — for example, an increase in the rent agreed between the landlord and tenant after the suretyship was signed — does not automatically extend the surety’s liability unless the surety has expressly consented to be bound by the modified terms.

Surety Liability in Extended and Renewed Lease Periods

A particularly complex and frequently litigated issue concerns the extent of the surety’s liability when a fixed-term lease is automatically renewed upon its expiry. Under Article 347 of the Turkish Code of Obligations, residential and roofed workplace leases are automatically extended for one-year periods unless the tenant gives timely notice of termination. This mechanism of automatic extension creates uncertainty about whether the surety remains liable during the extended periods that were not explicitly contemplated at the time of signing.

The Court of Cassation has developed a relatively clear position on this issue. Where the suretyship agreement does not expressly state that the surety’s liability extends to renewed or extended lease periods, the surety’s responsibility is generally limited to the obligations arising during the original agreed term of the lease. For the surety to be held liable for obligations arising during automatic extensions, this must be explicitly provided for in the suretyship, and the maximum amount and any time limit applicable to the extended period must also be stated in the surety’s own handwriting.

This rule has important consequences for landlords who rely on suretyships executed at the beginning of a multi-year tenancy. If the lease continues beyond its initial term without the surety being re-engaged under a new or amended suretyship document that complies with all formal requirements, the landlord may find that the surety can no longer be held liable for the tenant’s obligations in the later phases of the tenancy.

The Ten-Year Limit and Termination of Suretyship

Turkish law imposes an absolute maximum duration of ten years on suretyships provided by natural persons. Under Article 598, paragraph 3 of the Turkish Code of Obligations, a suretyship given by a natural person automatically terminates upon the completion of ten years, regardless of what the parties may have agreed. This rule applies even where the lease itself continues beyond the ten-year mark. The parties cannot contractually extend a suretyship beyond this period; once ten years have elapsed, the landlord must obtain a new suretyship from the same or a different surety in order to maintain secured coverage.

Article 598, paragraph 3 of the Turkish Code of Obligations: A suretyship given by a natural person for an indefinite period or for a period exceeding ten years shall, following the expiry of ten years from the date of the suretyship, be terminated by the surety giving six months’ written notice.

Separate from the ten-year rule, a surety may also seek to be released from the obligation in specific circumstances provided by law, such as a material change in the tenant’s financial situation that was not foreseeable at the time of the suretyship, or a significant modification of the principal obligation without the surety’s consent. These grounds for release are interpreted narrowly by Turkish courts, and a surety seeking to escape liability on such grounds must establish clear and significant changes rather than general deterioration of economic conditions.

Enforcement Proceedings Against the Surety

When the tenant defaults and the landlord decides to proceed against the surety, the enforcement path depends on the type of suretyship established. For a joint and several surety, the landlord may initiate enforcement proceedings directly after giving the tenant formal notice of default, provided the tenant has failed to pay a matured debt. The surety may challenge the enforcement by raising objections based on the invalidity of the suretyship — most commonly, failure to comply with the formal requirements of Article 583 or absence of the spouse’s consent under Article 584 — or by asserting that the claimed amount exceeds the agreed maximum liability.

A surety who pays the landlord’s claim acquires a right of recourse against the tenant for the amount paid. This subrogation right allows the surety to step into the landlord’s shoes and pursue the tenant through ordinary civil enforcement channels. In practice, however, the effectiveness of this recourse depends entirely on the tenant’s financial situation, and a surety who has been called upon to pay a defaulting tenant’s debts may find it difficult to recover the amounts disbursed.

Tenant and Landlord Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising both landlords and tenants on lease agreement structuring, suretyship validity, and enforcement of guarantor obligations under Turkish law. His practice covers the drafting and review of lease and suretyship agreements, disputes arising from defective guarantees, and representation in enforcement proceedings involving surety claims before Turkish courts.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

The post Surety and Guarantor Obligations in Turkish Lease Agreements first appeared on Ozan Soylu Law Office.

Understanding these mechanisms is particularly important in a period of significant economic volatility, when the gap between contract rents and prevailing market rates can widen rapidly. Both landlords and tenants may find themselves in situations where the existing rent no longer reflects the economic reality, and the law provides a structured process for addressing this disparity through judicial intervention.

The Legal Framework for Rent Increases Under the Turkish Code of Obligations

The primary provision governing rent adjustments in Turkish law is Article 344 of the Turkish Code of Obligations, which applies to residential leases and leases of roofed workplaces. Under this article, the parties to a lease may agree on the amount by which the rent will increase upon renewal of the lease for the following year. However, any agreed increase is capped at the twelve-month average change in the Consumer Price Index, known as TÜFE, for the preceding year. Any contractual provision that stipulates a higher rate of increase is void to the extent that it exceeds this cap.

Article 344 of the Turkish Code of Obligations: Agreements between the parties regarding the rent to be applied in renewed lease periods are valid only to the extent that they do not exceed the rate of change in the consumer price index based on twelve-month averages for the preceding lease year. This rule also applies to leases lasting longer than one year. If no agreement has been reached on the rent for the renewed period, the judge shall determine the rent by considering the twelve-month average consumer price index rate, provided that the rent does not exceed the prevailing market rate.

For the first five years of a lease, the court is bound by this CPI ceiling when determining rent in the absence of an agreement. However, once the lease relationship has continued for more than five years — including through successive automatic renewals — the court is no longer strictly bound by the TÜFE cap. Instead, Article 344, paragraph 3 allows the judge to determine a fair rent based on the prevailing comparable rents in the market and the overall equitable balance between the parties. This provision represents a structural mechanism designed to prevent rents from becoming permanently depressed relative to market levels over long-term lease relationships.

It is worth noting that between June 2022 and July 2024, the Turkish legislature introduced a temporary cap of 25 percent on annual rent increases for residential leases, imposed in response to the extraordinary inflationary conditions of that period. This temporary measure has since expired, and rent increases for residential properties are once again governed exclusively by the twelve-month average TÜFE rate.

When and How the Rent Determination Lawsuit May Be Filed

A rent determination lawsuit may be filed either by the landlord or by the tenant. For leases in which the parties have agreed on an annual increase rate, the action seeking determination under the five-year provision may only be brought after the completion of five full lease years calculated from the inception of the original lease agreement. It is important to note that automatic annual renewals of the same lease do not reset this five-year period. A landlord who argues that each annual renewal constitutes a new lease would be acting contrary to both the statutory framework and settled Court of Cassation precedent.

Procedural timing is critical in rent determination cases. Where the landlord wishes the new rent to take effect from the beginning of the next lease period, a written notice must be sent to the tenant at least thirty days before the end of the current lease period. Alternatively, a lawsuit filed within the same thirty-day window will have the same effect as prior notice. If neither a timely notice nor a timely lawsuit is served, the new rent determined by the court will take effect only from the beginning of the following lease period, resulting in a delay of one full year in the practical application of the judgment.

Article 345 of the Turkish Code of Obligations: A lawsuit for the determination of the rent to be applied in the new lease period may be filed at the latest within thirty days before the end of the current lease period. If this period is not observed, the new rent shall take effect from the beginning of the next lease period.

The competent court for rent determination lawsuits in Turkey is the Civil Court of Peace, known as the Sulh Hukuk Mahkemesi. The territorially competent court is the one located in the district where the leased property is situated. This rule applies regardless of where the parties reside or where the lease agreement was signed.

Since September 1, 2023, mandatory mediation has been introduced as a prerequisite for filing certain lease-related lawsuits, including rent determination and rent adaptation proceedings. Under the amendment introduced by Law No. 7445, a party seeking to initiate a rent determination or adaptation lawsuit must first apply to a mediator. If the mediation process does not result in an agreement, the mediator issues a final record, and only upon presentation of this record to the court may the lawsuit proceed. A case filed without completing this mandatory mediation step will be dismissed on procedural grounds.

The Role of the Expert Witness in Rent Determination Cases

Once the lawsuit is filed and the mediation precondition has been satisfied, the court initiates an evidentiary phase in which a court-appointed expert witness plays a central role. The expert, typically a licensed real estate appraiser or a specialist in property valuation, is tasked with assessing the comparable rental market in the area where the property is located. This assessment involves examining actual lease agreements for properties of similar type, size, location, and condition, as well as analyzing the prevailing market conditions at the time of the hearing.

The Court of Cassation has consistently emphasized that the expert’s report must reflect a genuine market analysis and not simply apply an automatic formula based on the CPI rate. In cases falling under the five-year rule, the court retains broad discretion to depart from the TÜFE ceiling and set a rent that is fair to both parties in light of actual market conditions. The expert’s findings are not binding on the court, but in practice they carry significant weight, and parties who wish to challenge the expert’s conclusions may request a supplementary report or submit an independent valuation.

The court’s determination covers only one lease year at a time. A plaintiff who seeks a determination for the year 2025 cannot obtain a ruling that also establishes the rent for 2026 or for any prior period. This limitation ensures that rent determinations remain current and reflect the conditions prevailing at the time of each proceeding.

The Rent Adaptation Lawsuit Under Article 138

Separate from the rent determination mechanism, Turkish law also provides a remedy for situations where extraordinary and unforeseeable changes in economic conditions have so fundamentally disrupted the balance of a lease agreement that continuing to perform under its original terms would be unjust. This remedy is the rent adaptation lawsuit, grounded in Article 138 of the Turkish Code of Obligations, which codifies the doctrine of excessive burden of performance.

Article 138 of the Turkish Code of Obligations: If an extraordinary circumstance that was not foreseen and not expected to be foreseen by the parties at the time the contract was concluded arises after the conclusion of the contract, and if this circumstance changes the existing facts to such an extent that requiring the performance of the contract would be contrary to the rule of good faith, and if the debtor has not yet performed the obligation or has performed it under reservation, the debtor may request the court to adapt the contract to the new circumstances or, if this is not possible, to withdraw from the contract.

The adaptation lawsuit differs from the determination lawsuit in several important respects. First, it is not subject to the five-year precondition. It may be filed at any point during the lease relationship, provided that the qualifying conditions are met. Second, the qualifying threshold is considerably higher. A mere rise in inflation or general economic deterioration is not sufficient to trigger this remedy under established Court of Cassation case law. The change in circumstances must be extraordinary, unforeseeable at the time the contract was formed, and not attributable to the party seeking adaptation. Examples recognized in practice include sudden and dramatic shifts in the surrounding urban environment, such as the construction of a major transportation hub near the property, or catastrophic events that fundamentally alter the value or usability of the premises.

The adaptation lawsuit also differs in its temporal effect. Unlike a determination judgment, which applies from the beginning of the relevant lease period when procedural requirements are met, an adaptation judgment applies from the date the lawsuit was filed. Retroactive adjustment of past rents is not available under this mechanism.

Judgments, Appeals, and Practical Considerations

Once the court issues a rent determination judgment, the newly determined rent replaces the previously applicable rent for the relevant period. If the tenant has been paying a lower amount during the pendency of the lawsuit, the landlord becomes entitled to collect the difference between the determined rent and the amount actually paid, together with statutory interest from the date of each missed payment. The tenant who continues to pay the old amount without reservation assumes the risk of accumulating a debt that may later become the basis for an eviction proceeding.

Both parties have the right to appeal a rent determination judgment to the regional court of appeal and, under certain conditions, further to the Court of Cassation. The Court of Cassation has developed a substantial body of case law on rent determination disputes over the years, and its rulings on issues such as the methodology for selecting comparable properties, the proper application of the equity standard in five-year cases, and the procedural consequences of late notice have become important points of reference for both courts and practitioners.

In practical terms, the duration of a rent determination lawsuit can vary considerably depending on the workload of the competent Sulh Hukuk Mahkemesi and the complexity of the evidentiary phase, particularly where the expert’s initial report is contested. In major cities such as Istanbul and Ankara, where lease disputes are numerous and court dockets are congested, proceedings may extend to a year or more from the filing of the lawsuit to the issuance of a final judgment.

Real Estate and Lease Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising landlords and tenants in lease disputes, rent determination proceedings, and adaptation lawsuits under Turkish law. His practice covers the full range of residential and commercial lease litigation, from pre-lawsuit mediation and procedural preparation to representation before the Sulh Hukuk Mahkemesi and appellate courts.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

The post Rent Determination and Adjustment Lawsuits in Turkey first appeared on Ozan Soylu Law Office.

This protective approach reflects the broader policy of Turkish rental law, which is designed to provide tenants with security of tenure while balancing the legitimate interests of property owners. Understanding the legal grounds and procedural requirements for eviction is essential for landlords who need to recover their property, as well as for tenants who wish to protect their right to continued occupancy.

Automatic Renewal of Lease Agreements

One of the fundamental features of Turkish rental law for dwellings and roofed workplaces is the principle of automatic renewal. Under Article 347 of the Turkish Code of Obligations, a fixed-term lease agreement is automatically extended for successive one-year periods unless the tenant provides written notice of termination at least fifteen days before the expiration date. The landlord, by contrast, cannot terminate the lease simply because the contract period has ended.

Article 347 of the Turkish Code of Obligations: In leases of dwellings and roofed workplaces, unless the tenant notifies in writing at least fifteen days before the expiration of the fixed term, the lease shall be deemed renewed for one year under the same conditions. The landlord may not terminate the lease on the sole basis that the lease period has expired.

This means that a landlord who wishes to evict a tenant must rely on one of the legally recognized eviction grounds rather than simply waiting for the lease to expire. The only exception to this rule arises after ten consecutive years of renewal, at which point the landlord acquires the right to terminate the lease without providing any specific reason, provided that written notice is given at least three months before the end of the relevant renewal year.

Eviction Based on the Landlord’s Personal Need

The most commonly invoked ground for eviction in Turkish practice is the landlord’s personal need to use the property as a dwelling or workplace. Article 350 of the Turkish Code of Obligations permits the landlord to file an eviction lawsuit when the landlord, the landlord’s spouse, descendants, ascendants, or other persons whom the landlord is legally obligated to support need to use the leased property for residential or commercial purposes.

Article 350, paragraph 1 of the Turkish Code of Obligations: The landlord may file for eviction if the landlord, the landlord’s spouse, descendants, ascendants, or persons whom the landlord is legally obligated to support require the leased property for use as a dwelling or workplace.

The need asserted by the landlord must be genuine, sincere, and compelling. Courts scrutinize claims of personal need carefully and reject cases where the landlord’s true motivation appears to be obtaining a higher rent or replacing the current tenant with a different one. Evidence supporting the claim may include proof that a family member is getting married and needs a residence, documentation of a health condition requiring relocation to the specific property, or business records demonstrating a genuine need to operate from the leased premises.

If eviction is granted on the basis of personal need, Article 355 imposes a significant restriction on the landlord’s subsequent use of the property. The evicted tenant’s right to re-lease the property takes priority for three years following the eviction, and the landlord may not lease the property to a third party during this period without a justified reason. Failure to comply with this rule exposes the landlord to a compensation claim by the former tenant.

Eviction Due to Reconstruction or Major Renovation

A landlord may also seek eviction when the leased property requires reconstruction, substantial repair, expansion, or structural alteration, and these works make it impossible for the tenant to continue occupying the premises during the construction period. This ground is regulated under Article 350, paragraph 2, and applies only to works of a fundamental nature. Ordinary maintenance, cosmetic improvements, or minor repairs do not qualify as grounds for eviction under this provision.

To succeed in an eviction case based on reconstruction or major renovation, the landlord must present the court with concrete evidence demonstrating the necessity and scope of the planned works. This typically includes architectural plans, construction permits, engineering reports, and project approvals from the relevant municipal authorities. The court evaluates whether the proposed works genuinely require the tenant to vacate the property and whether the landlord’s claim is supported by sufficient documentation.

As with eviction based on personal need, the former tenant retains a priority right to re-lease the property after the completion of the reconstruction works. The landlord is required to notify the former tenant before offering the property to third parties, and the new rental terms must not be less favorable than those offered to others.

Eviction Based on a Written Eviction Commitment

Turkish law recognizes the written eviction commitment, known as tahliye taahhütnamesi, as a valid ground for eviction under Article 352 of the Turkish Code of Obligations. This document is a written statement by the tenant, issued after taking possession of the property, committing to vacate the premises on a specific date.

Article 352, paragraph 1 of the Turkish Code of Obligations: If the tenant has issued a written commitment to vacate the leased property by a specific date and fails to do so, the landlord may terminate the lease by filing an eviction lawsuit or initiating enforcement proceedings within one month from the date specified in the commitment.

The validity of the eviction commitment is subject to strict conditions established through case law. The commitment must be signed after the tenant has taken possession of the property, not at the time of signing the lease agreement. Commitments obtained simultaneously with the lease are presumed to have been given under pressure and are treated as invalid by the courts. The Supreme Court examines the circumstances under which the commitment was obtained with particular care, focusing on whether the tenant’s consent was freely given.

Eviction for Non-Payment of Rent

Non-payment of rent constitutes one of the most straightforward grounds for eviction under Turkish law, though it is subject to specific procedural requirements. Article 315 of the Turkish Code of Obligations provides that if the tenant fails to pay the rent on time, the landlord may send a written notice granting a period of at least thirty days for payment, after which the landlord may terminate the lease if the payment is not made.

In addition to the default-based termination under Article 315, Turkish law provides a separate mechanism under Article 352, paragraph 2, known as eviction through two justified warnings. If the tenant has caused the landlord to issue two written warnings for late payment of rent within a single lease year, the landlord may file for eviction within one month following the end of that lease year.

Article 352, paragraph 2 of the Turkish Code of Obligations: If the tenant has caused two justified written warnings to be issued for late payment of rent within a lease year or within the lease period for agreements of less than one year, the landlord may terminate the lease by filing a lawsuit within one month from the end of the lease year or the lease period.

The two warnings must relate to different months’ rent, and each must be properly served on the tenant. The landlord must demonstrate that the warnings were justified, meaning that the rent was indeed overdue at the time the warning was issued. Enforcement proceedings through the Execution Office also provide an alternative route for landlords seeking both the collection of unpaid rent and the eviction of the tenant simultaneously.

Eviction by the New Owner

When a leased property is sold to a new owner, the existing lease agreement automatically transfers to the new owner, who becomes bound by its terms. However, Article 351 of the Turkish Code of Obligations grants the new owner the right to seek eviction on the basis of personal need, subject to specific procedural conditions.

Article 351 of the Turkish Code of Obligations: If the person who subsequently acquires the leased property requires it for use as a dwelling or workplace for themselves, their spouse, descendants, ascendants, or persons they are legally obligated to support, the new owner may terminate the lease by filing a lawsuit six months after the acquisition date, provided that the new owner notifies the tenant in writing within one month of the acquisition.

The written notification requirement within the first month of acquisition is a mandatory condition. If the new owner fails to send this notification, the right to pursue early eviction based on personal need is forfeited, though the new owner may still file an eviction lawsuit at the end of the current lease period.

Eviction After Ten Years of Renewal

Turkish law provides landlords with a termination right that does not require any specific eviction ground, but only becomes available after the lease has been renewed for ten consecutive years. Under Article 347, the landlord may terminate the lease at the end of any renewal year following the tenth year of extension, provided that written notice is given at least three months before the end of the relevant renewal year.

This provision recognizes that while tenant protection is a core objective of Turkish rental law, it must be balanced against the property owner’s interest in eventually regaining control of the asset. The ten-year rule applies regardless of whether the tenant has fulfilled all obligations under the lease. Once the requisite notice period has been observed, the landlord may file an eviction lawsuit if the tenant refuses to vacate the premises.

Procedural Requirements and Competent Court

Eviction lawsuits in Turkey are filed before the Civil Court of Peace in the jurisdiction where the property is located. This jurisdictional rule is mandatory and cannot be altered by agreement between the parties. Before filing certain types of eviction lawsuits, the landlord is required to initiate mandatory mediation proceedings. This requirement, introduced as part of broader judicial reforms, aims to encourage the resolution of rental disputes outside of court.

The timing of the eviction lawsuit is critical. For most eviction grounds, the landlord must file the lawsuit within one month following the expiration of the lease period. If this deadline is missed, the landlord risks having the case dismissed on procedural grounds. However, a written notification sent to the tenant before the deadline preserves the landlord’s right to file the lawsuit within the following renewal year.

It is important to emphasize that self-help eviction is strictly prohibited under Turkish law. A landlord who attempts to remove a tenant by changing locks, cutting utilities, removing belongings, or using physical force commits a criminal offense. Eviction may only be carried out through a court order enforced by the Execution Office, regardless of the strength of the landlord’s legal position.

Real Estate Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising landlords and tenants on eviction proceedings, lease disputes, and rental law matters across Turkey. His practice covers need-based eviction lawsuits, enforcement of eviction commitments, non-payment cases, and the defense of tenant rights before the Civil Courts of Peace.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

The post Eviction of Tenants in Turkey: Legal Grounds and Procedures first appeared on Ozan Soylu Law Office.

Turkish rental law does not require a lease agreement to be executed in a specific form. A rental contract may be concluded in writing, before a notary, or even orally. However, a written agreement is strongly advisable for evidentiary purposes, as disputes over the terms of the lease are common and significantly more difficult to resolve when no written document exists. The lease agreement creates mutual obligations: the landlord must deliver the property in a condition suitable for its intended use and maintain it throughout the term, while the tenant must pay the agreed rent and use the property with due care.

Obligations of the Landlord

The landlord’s primary obligation under Turkish law is to deliver the rented property to the tenant in a condition that is suitable for the purpose stated in the lease agreement and to maintain this condition for the duration of the contract. This duty is regulated under Article 301 of the Turkish Code of Obligations and, in the case of residential and roofed commercial premises, cannot be altered to the detriment of the tenant.

Article 301 of the Turkish Code of Obligations: The landlord is obliged to deliver the rented property in a condition suitable for the agreed use and to maintain it in such condition throughout the term of the lease.

Beyond the delivery obligation, the landlord is responsible for bearing the costs of taxes, compulsory insurance, and other mandatory charges related to the property, unless the lease agreement provides otherwise. Under Article 302, these financial burdens fall on the landlord as a default rule, reflecting the principle that the costs associated with ownership should not be transferred to the tenant without explicit agreement.

The landlord is also required to remedy any defects in the property that impair the tenant’s use. If the property has a defect at the time of delivery, or if a defect arises during the lease term that is not attributable to the tenant, the landlord must repair it within a reasonable time. The tenant has the right to request a proportional reduction of rent for the period during which the defect impaired the use of the property, or to have the defect repaired at the landlord’s expense after providing appropriate notice. In cases where the defect renders the property entirely unusable for its intended purpose, the tenant may terminate the lease agreement.

Obligations of the Tenant

The tenant’s fundamental obligation is the payment of rent. Under Article 313 of the Turkish Code of Obligations, the tenant is required to pay the agreed rent in exchange for the use of the property. Unless the parties agree otherwise or local custom dictates a different schedule, rent is payable at the end of each month and no later than the expiry of the lease term, as set out in Article 314.

Article 314 of the Turkish Code of Obligations: Unless otherwise agreed or required by local custom, the tenant shall pay the rent and, where applicable, ancillary costs at the end of each month and no later than the expiry of the lease period.

The tenant is also obligated to use the property with due care and in accordance with the terms of the lease agreement. Article 316 requires the tenant to respect the rights of other occupants in the building and neighbors, and to refrain from causing damage to the property through negligent or improper use. If the tenant fails to comply with this obligation despite written notice from the landlord, the landlord may terminate the lease. For residential and roofed commercial properties, the notice must grant the tenant at least thirty days to remedy the breach.

At the end of the lease, the tenant must return the property in the condition in which it was received, subject to normal wear and tear resulting from proper use. The tenant is not liable for deterioration caused by ordinary use over time, but is responsible for any damage resulting from misuse or neglect.

Rent Increases and Legal Limits

One of the most significant protections afforded to tenants under Turkish law is the statutory limitation on rent increases. Article 344 of the Turkish Code of Obligations establishes a mandatory ceiling for rent adjustments in residential and roofed commercial leases. Under this provision, the rent increase agreed upon by the parties for renewed lease periods may not exceed the twelve-month average change in the Consumer Price Index published by the Turkish Statistical Institute for the preceding rental year. Any contractual provision that sets a higher rate is invalid to the extent that it exceeds this legal cap.

Article 344 of the Turkish Code of Obligations: Agreements between the parties regarding the rent to be applied in renewed lease periods are valid only insofar as they do not exceed the twelve-month average change in the consumer price index for the previous rental year.

This rule is a mandatory provision of law and cannot be waived or overridden by contractual agreement. If the lease agreement specifies a rate of increase that exceeds the statutory ceiling, the excess portion is void, while the remainder of the contract remains in force. The landlord may only increase the rent once per year, at the time of lease renewal, and interim increases during the rental period are not permitted.

For lease agreements that have been in effect for more than five years, the landlord has the option of filing a rent determination lawsuit before the Civil Court of Peace. In such cases, the court may set a new rent based on comparable market rates, the condition of the property, and principles of equity, without being bound by the TÜFE ceiling. This mechanism allows the rent to be adjusted to reflect current market conditions in situations where the statutory cap has caused a significant gap between the contractual rent and the prevailing market rate.

Termination of the Lease by the Tenant

Turkish law grants tenants a unilateral right to terminate a fixed-term lease agreement at the end of the contractual period. Under Article 347, the tenant must provide written notice to the landlord at least fifteen days before the expiry of the lease term. If the tenant fails to give this notice, the lease is automatically renewed for an additional one-year period under the same conditions.

Article 347 of the Turkish Code of Obligations: In residential and roofed commercial leases, if the tenant does not give written notice at least fifteen days before the end of a fixed-term lease, the lease is deemed renewed for one year under the same conditions.

This provision is notable because it creates an asymmetry between the parties. While the tenant may terminate the lease at the end of any renewal period by giving timely notice, the landlord does not have the same right. The landlord cannot refuse to renew the lease simply because the term has expired and must instead rely on one of the specific eviction grounds listed in the Code. The only exception is the ten-year extension rule: once a lease has continued through successive renewals for a total period of ten years following the end of the initial fixed term, the landlord acquires the right to terminate the lease by giving three months’ written notice before the end of the subsequent renewal year.

Eviction Grounds Available to the Landlord

The eviction of a tenant from residential or roofed commercial premises in Turkey is governed by the principle of numerus clausus, meaning that the landlord may only seek eviction on the grounds specifically enumerated in the Code. Self-help measures such as changing the locks, removing the tenant’s belongings, or cutting off utilities constitute criminal offenses under Turkish law. Every eviction must be carried out through a court order followed by enforcement proceedings.

The grounds for eviction include the landlord’s personal need to use the property for housing or business purposes, applicable also to the landlord’s spouse, descendants, ascendants, or other persons for whom the landlord has a legal duty of care. Under Article 350, the landlord must file an eviction lawsuit within one month following the end of the lease term and must demonstrate that the stated need is genuine and sincere.

Article 350 of the Turkish Code of Obligations: The landlord may request the termination of the lease through a court action if the landlord, the landlord’s spouse, descendants, ascendants, or other dependents require the property for residential or commercial use.

A new owner who acquires the property during an ongoing lease may also file for eviction based on personal need, provided that written notice is given to the tenant within one month of the acquisition date and the eviction lawsuit is filed no earlier than six months after the acquisition, as regulated under Article 351.

Additional eviction grounds include the tenant’s failure to pay rent despite a written warning granting at least thirty days for payment, the existence of two justified written warnings for late rent payment within a single rental year, a written eviction commitment given by the tenant after the commencement of the lease, and the necessity of major renovation or reconstruction that makes continued occupation of the property impossible.

Security Deposits

The rules governing security deposits in residential and roofed commercial leases are set out in Article 342 of the Turkish Code of Obligations. The deposit may not exceed three months’ rent and, if paid in cash, must be deposited in a bank account opened in the name of the tenant at a bank designated by the parties. The deposit may only be released with the joint consent of both parties or pursuant to a final court judgment.

This provision protects the tenant from the arbitrary retention of the deposit at the end of the lease and ensures that the funds remain secure throughout the tenancy. The landlord may not unilaterally deduct amounts from the deposit without the tenant’s consent, even for alleged damage to the property. Disputes over the return of the deposit are resolved by the Civil Court of Peace.

Subletting and Assignment of the Lease

The tenant may not sublet the property or assign the lease to a third party without the written consent of the landlord. Under Article 322, any subletting arrangement entered into without the landlord’s approval is invalid, and the landlord may terminate the lease on this basis. However, for commercial leases, Article 323 provides that the landlord may not refuse consent to the assignment of the lease without a justified reason. In cases of assignment, the outgoing tenant remains jointly and severally liable with the new tenant for the obligations under the lease for the remainder of the contract period, up to a maximum of two years.

Real Estate Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising both tenants and landlords on lease agreements, rent disputes, eviction proceedings, and property-related legal matters under Turkish law. His practice covers lease negotiations, rent determination and adjustment lawsuits, eviction defense and prosecution, and security deposit disputes for clients across Turkey.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

The post Tenant and Landlord Rights in Turkey: Obligations Under Law first appeared on Ozan Soylu Law Office.

The primary legislation governing real estate acquisition by foreigners is Article 35 of the Land Registry Law No. 2644, which was substantially amended by Law No. 6302 in 2012. This amendment marked a turning point by eliminating the reciprocity requirement that had previously restricted property ownership to nationals of countries granting equivalent rights to Turkish citizens. Under the current framework, foreign nationals from countries designated by the Council of Ministers may acquire property in Turkey, subject to certain conditions related to area, location, and intended use.

Eligible Nationalities and the Abolition of Reciprocity

Prior to the 2012 amendment, Turkey applied a strict reciprocity principle, meaning that a foreign national could only purchase property if Turkish citizens were also permitted to own property in that person’s home country. This approach significantly limited the pool of eligible buyers. The enactment of Law No. 6302 removed this condition and authorized the Council of Ministers to determine which countries’ citizens may acquire property in Turkey.

As a result of this change, nationals of approximately 183 countries became eligible to purchase real estate in Turkey without being subject to a reciprocity assessment. However, certain nationalities remain excluded from this right. Notably, citizens of the Syrian Arab Republic are prohibited from acquiring property under Law No. 1062 of 1927, which remains in effect. Foreign nationals who wish to verify their eligibility may consult the Turkish Embassy or Consulate in their country of residence, or contact the General Directorate of Land Registry and Cadastre directly.

Area Limitations and Regional Restrictions

Turkish law imposes both individual and regional caps on the total area of property that a foreign national may own. Under Article 35 of the Land Registry Law, a single foreign individual may acquire a maximum of 30 hectares of real estate across the entire country. The President holds the authority to increase this limit up to 60 hectares where deemed appropriate.

Article 35 of the Land Registry Law No. 2644: Foreign natural persons may acquire real estate and limited real rights in Turkey, subject to legal restrictions and the provisions established by the Council of Ministers. A foreign natural person may not acquire real estate exceeding a total area of 30 hectares across the country. The Council of Ministers may increase this limit up to two times.

In addition to the per-person cap, the total area of property owned by foreign nationals in any given district may not exceed ten percent of the privately owned land within that district. This regional limitation is designed to prevent the concentration of foreign-held property in specific locations and to safeguard national interests. The General Directorate of Land Registry and Cadastre monitors compliance with these limits through its central database, cross-referencing each new transaction against the buyer’s existing holdings nationwide.

Military Zones and Security Restrictions

Foreign nationals are prohibited from acquiring property within military prohibited zones and security zones as defined by the Military Prohibited Zones and Security Zones Law No. 2565. During the title deed transfer process, the Land Registry Directorate verifies whether the property falls within such a zone by consulting the relevant military authority. In provinces where the mapping of military and security zones has been completed, this verification is carried out automatically through the system. In other areas, the inquiry may require a written clearance from the competent military command, which can add time to the transaction.

Properties located in areas designated as special security zones by the provincial governor’s office are also subject to restrictions. Even if a property is not within a military prohibited zone, its proximity to strategically sensitive areas may result in the denial of the acquisition request. Foreign buyers are advised to confirm the status of any property before entering into preliminary agreements or making payments.

The Title Deed Transfer Process

The transfer of real property ownership in Turkey must be completed at the Land Registry Directorate. Informal sale agreements, private contracts, or notarized preliminary agreements do not by themselves transfer ownership. A preliminary sale agreement may be concluded before a notary public, but this document creates only a contractual obligation between the parties. The actual transfer of title takes place when the official deed is signed and registered at the Land Registry.

The documents required for the transfer include the title deed or parcel information of the property, the buyer’s passport or identity document with a certified Turkish translation where necessary, a tax identification number obtained from the local tax office, a property valuation report prepared by a licensed appraisal firm authorized by the Capital Markets Board, photographs of the buyer, compulsory earthquake insurance for residential properties, and a foreign exchange purchase certificate issued by a Turkish bank confirming that the purchase price was paid in the required manner.

The valuation report serves an important function in the process. It establishes the minimum declared value for the property and is used by the Land Registry to verify that the transaction price reflects the actual market value. This requirement was introduced to address concerns about underreporting of sale prices and to ensure proper tax collection. For transactions linked to citizenship applications, the valuation report plays an even more critical role, as the declared value must meet the minimum threshold established by law.

Acquisition of Undeveloped Land and the Project Development Obligation

Foreign nationals are permitted to purchase undeveloped land in Turkey, including plots without any existing structures. However, this right comes with a specific obligation. The buyer must submit a development project for the acquired land to the relevant ministry within two years of the purchase. The General Directorate of Land Registry and Cadastre has clarified that the two-year period refers to the submission of the project, not its completion.

Once the project is approved by the relevant ministry, the details are recorded in the annotations section of the land registry. If the buyer fails to submit a project within the prescribed period or if the project is not realized within the timeline set by the ministry, the property becomes subject to liquidation proceedings. In such cases, the Ministry of Finance grants the owner a period not exceeding one year to dispose of the property voluntarily. If the owner fails to do so, the state liquidates the property and pays the proceeds to the former owner.

Tax Obligations Associated with Property Acquisition

Foreign property owners in Turkey are subject to the same tax obligations as Turkish citizens. The most immediate tax liability arising from a property purchase is the title deed fee, which is currently calculated at four percent of the declared sale price. By convention, this fee is typically divided equally between the buyer and the seller, with each party paying two percent, though the parties may agree on a different allocation.

Following the acquisition, the owner is liable for annual property tax, which is assessed by the relevant municipality based on the declared value of the property. The current rates are one per thousand for residential properties and two per thousand for commercial properties, with higher rates applicable in metropolitan municipalities. Foreign nationals who subsequently sell the property at a profit may also be subject to capital gains tax, depending on the holding period and the amount of the gain.

Newly constructed residential properties sold to foreign nationals are exempt from value-added tax under certain conditions, which provides an additional incentive for foreign buyers considering off-plan or newly built housing developments. This exemption applies to first sales of residential units and requires that the purchase price be paid in foreign currency through a Turkish bank.

Citizenship Through Real Estate Investment

One of the most significant incentives for foreign property buyers in Turkey is the possibility of acquiring Turkish citizenship through real estate investment. Under the current regulation, a foreign national who purchases property valued at a minimum of 400,000 United States dollars may apply for Turkish citizenship. The property must be held for at least three years, and a non-sale annotation must be registered on the title deed for the duration of this period.

The application is processed through the General Directorate of Migration Management and ultimately decided by Presidential decree. The property value is verified through a valuation report issued by a licensed firm, and the payment must be documented through a foreign exchange purchase certificate from a Turkish bank. If the property is co-owned by multiple foreign nationals, each individual must independently satisfy the minimum investment threshold. Properties held through corporate entities do not qualify for citizenship applications, as the investment must be registered directly in the name of the individual applicant.

Real Estate Lawyer in Istanbul – Attorney Ozan Soylu

Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising foreign nationals on property acquisition, title deed transfers, and real estate-related legal matters in Turkey. His practice covers due diligence on prospective purchases, representation before the Land Registry, compliance with area and zone restrictions, and legal support throughout the investment-based citizenship application process.

For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.

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