Turkish Rental Law

Our Turkish rental attorneys handle all types of landlord-tenant issues with professionalism and attention to …

Rental Law

From our experience, we have seen that many issues can arise in the relationship between landlords and tenants. Frequently, landlords or tenants must deal with individuals who do not understand or follow the rules outlined in a lease agreement. This is not unexpected, as Turkish rental law is complex and constantly changing. When you encounter problems, whether you are a landlord or tenant, it is wise to seek the help of a landlord-tenant lawyer in Turkey. Our Turkish rental attorneys handle all types of landlord-tenant issues with professionalism and attention to detail. When things are done correctly from the start, there is a greater chance of success. Therefore, it is important to have commercial and residential leases drafted by experienced Turkish legal practitioners. We have years of experience and handle matters such as:

• Drafting commercial and residential leases.
• Collecting past due rents.
• Enforcing tenants’ rights under Turkish law.
• Enforcing landlords’ rights under Turkish law.
• Residential and commercial evictions.
• Returning deposits.
• Initiating enforcement procedures and eviction lawsuits.

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Rental Agreements in Turkey

Rental agreements for residential and commercial properties are regulated under the Turkish Code of Obligations (TCO) law number 6098. While the TCO does not include any specific provisions regarding the form of lease agreements, it is generally recommended that parties enter into a written lease agreement in which the rights and obligations of both the tenant and landlord are clearly stated. This is more secure and reliable for both parties, even though verbal agreements are also valid under the TCO.

1. What are the Obligations of the Tenant under Turkish Rental Law?

– Payment of the rent in full at the agreed date. Unless otherwise agreed between the parties or any local custom, the tenant is obliged to pay for the rent and any additional expenses arising from the rented property at the end of each month and at the latest at the end of the rental period, as stated in articles 313 and 314 of the Turkish Code of Obligations (TCO).

– Payment of any increase in rent for the new lease period. It is important to note that the landlord is not free to determine the increase of the rental price. With the temporary law adopted by the Turkish Grand National Assembly on June 8, 2022, the landlord may only ask for an increase of rent that is not more than 25 percent of the rental price. This law is valid until July 1, 2023. In case the landlord notifies you that they have unilaterally increased the rental price before the renewal period or in a rate that exceeds 25%, this notification will have no legal effect and the tenant can still continue to pay the rent as agreed in the lease agreement. Moreover, according to article 344/4 of TCO, if one of the parties in the rental relationship is a foreigner and the rental price is determined in a foreign currency (Euro, Dollar) in the lease agreement, no change can be made in the rental price until five years have passed.

• Appropriate usage of the property and respect for neighbours. The landlord shall send the tenant of a residence or a roofed workplace a written warning, giving the tenant at least 30 days to stop any violations. If the tenant fails to do so, the landlord has the right to terminate the agreement unilaterally, as stated in Article 316 of the TCO.
• Payment of service charges, such as water, electricity, and communal maintenance, related to the residence or roofed workplace. This obligation is stated in Article 317 of the TCO.
• Payment of a deposit to the landlord, which shall not exceed three months’ rent, as stated in Article 342 of the TCO.
• Obligation to report any defects of the leased property to the landlord immediately, otherwise the tenant will be held responsible for these defects on the grounds of Article 318 of the TCO.
• Delivery of possession of the property at the end of the lease period to the landlord in the same condition as it was delivered to the tenant, as stated in Article 334 of the TCO.
• Compliance with the legal obligation not to sublet the property, unless the written consent of the landlord is given, as stated in Article 322 of the TCO.   

What are the Tenant’s rights under Turkish Rental Law?

Right to terminate the lease agreement: In accordance with articles 347-356 of the Turkish Code of Obligations (TCO), the Tenant may terminate the lease agreement by giving the Landlord at least 15 days’ notice before the end of the lease term. If the Tenant fails to do so, the lease agreement with a fixed term will be deemed to be extended for one more year under the same conditions.

What are the Obligations of the Landlord under Turkish Rental Law?

The landlord has the following obligations under Turkish Rental Law:

1. To deliver possession of the leased property to the tenant in a suitable condition for use and to maintain it in this condition during the lease contract (Turkish Code of Obligations (TCO) 301).
2. To be responsible for any defects in the leased property at the time of delivery of possession (TCO 304). If any defects are noticed after delivery of possession, the tenant may request the landlord to rectify these defects or reduce the rent at their discretion. However, the tenant’s right to terminate the contract is reserved in the case of significant defects (TCO 305). The request for compensation for damages does not prevent the tenant from exercising other optional rights arising out of law.
3. To comply with the legal obligation not to make changes in the lease contract that disadvantage the tenant (TCO 343).

What are the Rights of the Landlord under the Turkish Rental Law?

Under the Turkish Rental Law, the landlord has the following rights:

1. The right to terminate the lease agreement, but only based on specific grounds as set forth under the Turkish Code of Obligations.
2. In case of non-payment by the tenant, the landlord shall send the tenant a written warning. The written warning must state that if payment is not made within 30 days, the landlord has the right to terminate the agreement unilaterally (TCO 315).
3. At the end of the tenth-year extension period, provided that the landlord notifies the tenant at least three months before the end of any extension period (TCO 347).
4. The landlord can terminate the lease agreement at the end of the rental period and the agreement of indefinite duration if there is a necessity of using the property as a dwelling house or as a working place for themselves, their partner, descendants, linear ancestors, or other persons who they are obliged to look after by law. The termination notice period will be one month starting from the date determined in accordance with the terms set forth for the dissolution period or notice of termination as per general provisions regarding leasing by filing a suit (TCO 350).
5. If there is a necessity for the new owner to use the property as a dwelling house or a working place for themselves, their partner, descendants, linear ancestors, or other people who they are obliged to look after by law, the new owner can terminate the lease agreement by opening a lawsuit after six months. The new owner shall inform the tenant in writing within one month starting from the date of acquisition (TCO 351).

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