Tenancy Law
Information on residential and commercial leases, rent increases, eviction and rent determination under Turkish law, for landlords and tenants in Şanlıurfa.
Tenancy law (kira hukuku) governs the relationship between landlords and tenants of residential and commercial premises. It is regulated mainly in the Turkish Code of Obligations (Türk Borçlar Kanunu). Typical questions concern rent increases, deposits, repairs, termination and eviction. Foreigners who rent out a flat they own in Turkey, or who rent a home while holding a residence permit, are also frequently involved in such matters.
Scope of services
- Drafting and reviewing lease agreements (kira sözleşmesi) for residential and commercial premises
- Rent increases and rent determination actions (kira tespit davası)
- Eviction for unpaid rent through enforcement proceedings (icra yoluyla tahliye)
- Eviction actions based on the landlord's own need (ihtiyaç nedeniyle tahliye) or a written undertaking to vacate (tahliye taahhüdü)
- Formal notices (ihtarname) through a notary
- Disputes over deposits, repairs and service charges
- Mandatory mediation (zorunlu arabuluculuk) in tenancy disputes
- Advice to foreign property owners on renting out their property in Turkey
How does the process work?
- The lease agreement, payment records and correspondence between the parties are reviewed.
- The legal position and the available options, including negotiation, are explained.
- Where required, a formal notice is sent or the mandatory mediation procedure is initiated.
- If no agreement is reached, enforcement proceedings or an action before the civil court of peace (sulh hukuk mahkemesi) are assessed and filed.
- The proceedings are followed until a decision is made and, where applicable, until the premises are vacated.
Frequently asked questions
How much can the rent be increased each year?
For residential leases, the annual increase may not exceed the twelve-month average change in the consumer price index (TÜFE). After five years of tenancy, the rent can be re-determined by the court according to equity and market conditions, either by agreement or through a rent determination action.
Can the landlord terminate the lease at any time?
No. Residential and commercial leases are protected by law, and the landlord can generally terminate only on grounds set out in the law, such as unpaid rent, own need or reconstruction, or after a long extension period. Each case is assessed according to its facts and the dates involved.
I live abroad and rent out my flat in Turkey. Do I have to be present?
No. A power of attorney issued at a Turkish consulate, or before a local notary with an apostille, allows the lease, notices, mediation and court proceedings to be handled in your absence. Rental income may also need to be declared for tax purposes, for which a Turkish tax number (vergi numarası) is required.
For questions about a lease, please use our contact page.