A landlord’s rights and limits in residential tenancy.

01

Which law, which articles

Residential leases are governed by the Turkish Code of Obligations No. 6098 (TBK). General lease provisions are Articles 299–338; the rules specific to residential and roofed workplace leases are Articles 339–356. The tenant-protective rules are largely mandatory: the provisions on eviction grounds cannot be altered against the tenant (TBK Art. 354), no change to the tenant’s detriment other than the rent itself is allowed (Art. 343), and the tenant cannot be made to pay anything beyond rent and ancillary costs, such as a penalty clause (Art. 346).

Written form is not required for validity; in practice a written, dated lease is indispensable for proof, for an eviction undertaking and for enforcement proceedings. Notarization is not a validity requirement; it is preferred because it fixes the parties’ identities and the date.

02

Deposit: at most three months’ rent

A deposit may be required only if the lease provides for it, and in residential leases it may not exceed three months’ rent (TBK Art. 342/1). If paid in money, the tenant deposits it in a time-deposit bank account that cannot be withdrawn without the landlord’s consent (Art. 342/2). After the lease ends the bank pays out only with both parties’ consent, a final enforcement order or a final court judgment; if the landlord does not notify the bank in writing within three months of the end of the lease that a claim or proceeding has been started, the bank returns the deposit to the tenant on the tenant’s request (Art. 342/3).

In practice the deposit is often paid in cash or to the landlord’s account. That is not the statutory method; when a dispute arises, the contract text and the move-in inventory decide.

03

Rent increase: the twelve-month CPI average

In renewed lease periods the increase may not exceed the change in the twelve-month average of the consumer price index over the previous lease year (TBK Art. 344/1). A higher rate written in the contract is not enforceable beyond this cap. If the contract has no increase clause, the judge sets it equitably within the same cap (Art. 344/2).

For leases running longer than five years, or renewed after five years, and at the end of every five years thereafter, either party may ask the court to re-set the rent; this is the rent determination action. The judge decides equitably, weighing the CPI change, the condition of the premises and comparable rents together; the CPI cap does not bind the court in this action, whose very purpose is to go beyond it (Art. 344/3). For the judgment to apply to the new period, the action must be filed at least thirty days before the new period starts, or a written notice of increase served on the tenant within that time (Art. 345).

The temporary 25 percent cap that applied to residential rents between 11 June 2022 and 1 July 2024 has ended. In 2026 the only ceiling is the twelve-month CPI average; the rate changes with the monthly data published by TurkStat.

04

If rent is not paid: the 30-day period

If the tenant fails to pay rent or ancillary costs that fell due after delivery of the premises, the landlord grants a period by written notice; in residential leases it is at least thirty days. Granting a period is not enough: the notice must also warn that the lease will be terminated if payment is not made in time, otherwise it cannot ground an eviction (TBK Art. 315). The period starts the day after the notice is served.

The notice may be served through a notary or by starting enforcement proceedings at the enforcement office (Enforcement and Bankruptcy Code, Art. 269 ff.). In enforcement, if the tenant does not object within seven days and does not pay within thirty days, eviction is requested from the enforcement court; the request must be made within six months after the payment period ends, or the right lapses (Enforcement and Bankruptcy Code, Art. 269/a). If the tenant objects, the landlord asks the same court to lift the objection and order eviction (Art. 269/b–c).

Two justified notices for two different months within the same lease year are a ground for eviction by an action filed within one month after the end of that lease year; this is the two-justified-notices rule (TBK Art. 352/2). A notice remains justified even if the tenant pays afterwards.

05

Eviction grounds and periods

A landlord cannot end a residential lease at will; the law lists a limited number of grounds, each with its own period. A fixed-term lease extends automatically by one year at its end; the tenant may leave with at least fifteen days’ notice, the landlord may not (TBK Art. 347/1). In an indefinite-term residential lease the landlord may terminate without reason once ten years have passed from the start, observing the general termination periods and three months’ notice (Art. 347/2). Termination notices must be in writing (Art. 348). In actions for need or reconstruction, if the landlord notifies the tenant in writing within the filing period that an action will be brought, the filing period is extended by one lease year (Art. 353).

After an eviction for need or reconstruction, the landlord may not let the home to anyone other than the former tenant for three years without a justified reason. In the case of reconstruction or development, the former tenant has a priority right to rent the new premises at the new rent, exercised within one month of the landlord’s written notice. Breach of the ban gives rise to compensation of no less than one year’s rent at the last rent level (TBK Art. 355).

06

The eviction undertaking

If the tenant has undertaken in writing, after delivery of the premises, to vacate on a specific date and does not, the landlord may end the lease by starting enforcement proceedings or filing an action within one month of that date (TBK Art. 352/1). The enforcement route is regulated in Art. 272 ff. of the Enforcement and Bankruptcy Code; if the tenant disputes the signature or the date, the dispute is heard by the civil court of peace.

Three conditions matter for validity: the undertaking must be written, executed after delivery of the premises, and state the vacating date clearly. Under settled Court of Cassation case law, an undertaking dated the same day as the initial lease, or given before delivery, is invalid; an undertaking given while the tenant is already in occupation, for example at renewal, is valid. A tenant’s defence that the date was left blank must be proven by written evidence, otherwise the undertaking stands. In practice, therefore, the undertaking is taken on a date after delivery and on a separate document.

07

Guarantor

A guarantee for rent is subject to the suretyship rules of the Code (Art. 581 ff.). Validity requires written form and that the maximum amount, the date of the guarantee and, where applicable, the joint-and-several nature be written in the guarantor’s own handwriting (Art. 583/1). A married guarantor needs the spouse’s written consent given before, or at the latest at, the conclusion of the guarantee; consent obtained afterwards does not cure it (Art. 584/1). A guarantee given by an individual ends automatically ten years after it is concluded (Art. 598/3).

A guarantee without a maximum amount or given by signature alone on a printed form is void. Under settled case law the guarantor is liable only for the first lease period unless the guarantee states specifically that extension periods are covered, for how long, and up to what maximum amount (Arts. 583, 347); a general phrase such as “covers extensions” without period and amount is not enough.

08

Mandatory mediation before litigation

Since 1 September 2023, applying to a mediator before filing suit is a procedural requirement in disputes arising from lease relationships (eviction, rent determination, receivables) (Law No. 6325 on Mediation in Civil Disputes, Art. 18/B, added by Art. 37 of Law No. 7445). If mediation fails, the action is filed.

Eviction proceedings without judgment under the Enforcement and Bankruptcy Code (the enforcement routes for unpaid rent and for eviction undertakings) are outside this requirement; they start directly at the enforcement office.

09

Minimum headings of a landlord-protective lease

Within what the law allows, a residential lease that protects the owner contains the following:

• —Identity and contact details of the parties; date and registry number of the power of attorney if an agent signs for the landlord
• —Start date, term, monthly rent and payment day; bank account (rent must be paid through a bank)
• —Deposit amount (at most three months’ rent) and return conditions
• —Annual increase clause: twelve-month CPI average
• —Building dues and utilities (electricity, water, gas, internet) borne by the tenant (TBK Art. 341)
• —Photographed move-in inventory with meter readings (handover record)
• —Purpose of use (residential), prohibition of sublease and transfer (TBK Art. 322), rules on pets and alterations
• —Guarantor: maximum amount, date and joint-and-several wording in handwriting; spouse’s consent
• —Eviction undertaking: on a separate document, dated after delivery