Legal Assistance for Foreign Property Owners and Tenants
Owning or renting property in Turkey may give rise to disputes concerning unpaid rent, eviction, lease termination, rent increases and the parties' contractual obligations.
Foreign property owners may face particular difficulties when their tenants stop paying rent, refuse to vacate a property or challenge a proposed rent adjustment.
Turkish law provides remedies for landlords while establishing important statutory protections for tenants. The appropriate legal procedure depends on the nature of the lease, the grounds for termination and the applicable statutory deadlines.
Dr. Faruk Özkan, Attorney at Law, provides legal assistance to foreign landlords and tenants concerning rental disputes, eviction proceedings, unpaid rent, lease agreements and related litigation in Turkey.
Rental Agreements in Turkey
Residential and roofed commercial leases are principally governed by the Turkish Code of Obligations No. 6098. Rental agreements may be concluded for fixed or indefinite periods. However, residential and roofed commercial leases are subject to statutory protections that may limit a landlord's ability to terminate the agreement.
Does a Lease Automatically End When It Expires?
Under Article 347 of the Turkish Code of Obligations, the expiration of a fixed-term residential or roofed commercial lease does not ordinarily entitle the landlord to require the tenant to vacate. Where the tenant does not give the required termination notice, the lease generally continues under the statutory renewal mechanism. The landlord may terminate the lease only where an applicable statutory ground or termination mechanism is available. Article 347 also provides a separate termination mechanism following the relevant ten-year extension period, subject to statutory notice requirements.
Tenant Eviction in Turkey
Turkish law recognizes several grounds for eviction. Each has its own legal conditions, procedural requirements and deadlines.
Eviction Due to Unpaid Rent
Where a tenant fails to pay rent, the landlord may pursue recovery of the outstanding amounts and, where the statutory requirements are satisfied, seek eviction. Depending on the circumstances, available procedures may include enforcement proceedings or litigation. The landlord must comply with the applicable notice requirements and payment periods. Nonpayment does not authorize the landlord to remove the tenant without following the legal procedure.
Eviction Based on the Landlord's Genuine Need
Article 350 of the Turkish Code of Obligations permits termination in certain circumstances where the landlord or specified qualifying persons genuinely require the premises for residential or workplace use. The need must satisfy the applicable legal criteria. A mere preference to replace the tenant or obtain a higher rental income is not necessarily sufficient. The timing of the lawsuit and the evidence supporting the claimed need are particularly important. Following certain need-based evictions, Article 355 also imposes restrictions on reletting and provides consequences for noncompliance.
Eviction Based on a Written Eviction Undertaking
Article 352(1) regulates a tenant's written undertaking to vacate the premises on a specified date. A qualifying undertaking must be given after delivery of the leased premises and must satisfy the applicable statutory requirements. If the tenant does not vacate on the agreed date, the landlord may seek eviction through the prescribed judicial or enforcement procedure within the statutory period. Disputes may concern the date of the undertaking, the tenant's signature, the validity of the document and the circumstances of its execution.
Eviction Following Two Justified Written Notices
Under Article 352(2), two justified written notices arising from nonpayment within the relevant statutory period may provide grounds for a termination lawsuit. The statutory requirements concerning the notices, the relevant rental period and the deadline for bringing proceedings must be satisfied. Not every payment reminder necessarily constitutes a qualifying notice.
Eviction Due to Reconstruction or Major Renovation
Article 350 also addresses certain situations involving substantial reconstruction or major repairs that make continued use of the premises impossible during the work. The landlord must establish the applicable statutory conditions. Ordinary maintenance or minor improvements do not automatically provide grounds for eviction.
Eviction by a New Property Owner
Purchasing a property occupied by a tenant does not automatically terminate the existing lease.
Under Article 310 of the Turkish Code of Obligations, the purchaser generally becomes a party to the existing rental relationship.
Article 351 provides a separate termination mechanism where the new owner or certain qualifying persons genuinely require the property.
The applicable notification and litigation deadlines must be observed.
A purchaser should therefore examine the existing lease and the tenant's legal position before acquiring an occupied property.
Recovery of Unpaid Rent in Turkey
Landlords may seek recovery of outstanding rent through the applicable enforcement or judicial procedures. Depending on the circumstances, the claim may involve:
- Outstanding rental payments.
- Applicable default interest.
- Contractual obligations supported by the lease.
- Enforcement proceedings for rental debts.
- Eviction proceedings where statutory requirements are met.
Enforcement Proceedings for Rental Debts
The Turkish Enforcement and Bankruptcy Law No. 2004 provides procedures for pursuing unpaid rent. In qualifying circumstances, enforcement proceedings may also lead to eviction. A tenant may object to the proceedings within the relevant statutory period. The consequences of an objection depend on the type of enforcement procedure and the grounds raised. Choosing the appropriate procedure is important because recovery of the debt and eviction are legally distinct objectives.
Rent Increases and Rent Determination Lawsuits
Annual Rent Increases
Article 344 of the Turkish Code of Obligations regulates rent increases in residential and roofed commercial leases. Under the generally applicable statutory framework, agreed increases are subject to the relevant ceiling based on the twelve-month average change in the Consumer Price Index. The temporary 25% ceiling previously applicable to certain residential leases expired in July 2024. The applicable rules must be assessed according to the rental period and the law in force at the relevant time.
Rent Determination Lawsuits
Articles 344 and 345 provide rules concerning judicial determination of rent. For qualifying rental relationships exceeding five years, and at the relevant subsequent intervals, the court may consider the twelve-month average Consumer Price Index, the property's condition, comparable rents and equity. The date from which a judicially determined rent becomes effective depends on the statutory requirements and the timing of the relevant notices or proceedings. A landlord cannot necessarily impose a proposed market rent unilaterally.
Security Deposits and Property Damage
Disputes may arise when a tenant vacates the property, particularly concerning damage, unpaid charges and the return of the security deposit. Article 342 of the Turkish Code of Obligations establishes special requirements for security deposits in residential and roofed commercial leases. The landlord's entitlement to recover or retain amounts depends on the applicable statutory rules and the existence of legally supportable claims. Evidence of the property's condition at delivery and return may be significant.
Mandatory Mediation in Rental Disputes
Since 1 September 2023, many disputes arising from rental relationships have been subject to mandatory mediation as a condition for bringing a lawsuit under Article 18/B of Law No. 6325.
The requirement may apply to various rental disputes, including certain eviction and rent determination lawsuits.
However, eviction pursued through the relevant enforcement proceedings under the Enforcement and Bankruptcy Law is excluded from this particular mandatory mediation requirement.
It is therefore important to distinguish judicial proceedings from enforcement-based eviction procedures.
Where mandatory mediation applies, the required procedure must be completed before filing the lawsuit.
Can Foreign Landlords Initiate Eviction Proceedings in Turkey?
Foreign nationals who own property in Turkey may generally pursue the legal remedies available to landlords under Turkish law. Foreign citizenship does not, by itself, prevent a property owner from claiming unpaid rent or initiating eviction proceedings. Relevant considerations include the rental agreement, the property's location, the available evidence and the applicable procedural requirements.
Legal Representation Without Travelling to Turkey
Foreign property owners may be able to authorize a Turkish attorney to pursue rental claims and eviction proceedings on their behalf. A power of attorney executed abroad may require notarization, apostille or consular legalization and a certified Turkish translation. The scope of representation should be appropriate for the intended proceedings.
Frequently Asked Questions
Can I evict a tenant when the rental agreement expires?
Not necessarily. Residential and roofed commercial leases are subject to statutory renewal protections. Expiration of the agreed term alone generally does not authorize eviction.
How can I evict a tenant who has stopped paying rent?
Depending on the circumstances, enforcement proceedings or judicial remedies may be available. The applicable notice, payment and procedural requirements must be satisfied.
Is a written eviction undertaking legally binding in Turkey?
It may be enforceable where the requirements of Article 352(1) are satisfied. The timing and validity of the undertaking are particularly important.
Can I evict a tenant after purchasing the property?
Purchasing the property does not automatically terminate the lease. A new owner may have a statutory termination right based on genuine need, subject to Article 351.
Can a landlord increase rent to the current market value?
Not automatically. Statutory restrictions apply, although a rent determination lawsuit may be available where the relevant conditions are satisfied.
Is mediation compulsory before filing an eviction lawsuit?
Mandatory mediation applies to many rental disputes, subject to statutory exceptions. The correct answer depends on the procedure being pursued and the nature of the dispute.
Contact Dr. Faruk Özkan
For legal assistance with landlord and tenant matters in Turkey, contact Dr. Faruk Özkan, Attorney at Law.