Rental relationships in Turkey are governed primarily by the Turkish Code of Obligations No. 6098, which dedicates Articles 299 through 378 to the regulation of lease agreements. The Code provides a comprehensive framework addressing the rights and obligations of both tenants and landlords, with particular emphasis on residential and roofed commercial premises under the special provisions of Articles 339 through 356. These provisions are designed to balance the interests of both parties, offering significant protections to tenants against arbitrary eviction and excessive rent increases while also safeguarding the property rights and legitimate interests of landlords.
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.
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