Turkish tenancy law is markedly protective of the tenant. A landlord cannot end a residential tenancy simply because the term has expired.
The Turkish pages cover this subject at greater length, with worked examples and petition templates: Gayrimenkul Hukuku.
Rent Increases
For residential and roofed commercial tenancies, the increase on renewal may not exceed the twelve-month average change in the consumer price index. A higher figure written into the contract does not override this ceiling.
Where the tenancy has run for more than five years, the rent may be redetermined by the court on an equitable basis, taking account of the index, the condition of the property and comparable rents.
Ending a Tenancy
The grounds available to the landlord are limited and each has its own procedure:
- Genuine need of the landlord, spouse, descendants, ascendants or dependants. The property may not be re-let to another tenant for three years without just cause.
- New owner's need, on written notice within one month of acquisition and action six months later.
- Written undertaking to vacate given after the tenancy began.
- Two justified warnings for late payment within one lease year.
- Expiry of the ten-year extension period, on three months' notice.
Buying a tenanted property does not terminate the tenancy. The purchaser becomes the landlord and is bound by the existing contract.
Title Deed Cancellation
An action for cancellation of the title deed and re-registration is brought where the registry does not reflect the true legal position — a transfer procured by fraud, a simulated sale, or a disposition made to defeat heirs.
The action is heard by the civil court of first instance at the location of the property, and that jurisdiction cannot be varied by agreement. An injunction annotating the registry should be sought at the outset; without it the property may be transferred to a third party during the proceedings.
Compensation for Unauthorised Occupation
Where a person occupies property without a right to do so, the owner may claim compensation for the period of occupation. This applies between co-owners as well: a co-owner excluded from use may claim from the occupying co-owner, provided the exclusion has been made clear.
Claims are limited to five years retrospectively, and the amount is assessed on the rental value of comparable property, usually through expert evidence following a site inspection.
Frequently Asked Questions
No. The increase is capped at the twelve-month average change in the consumer price index, regardless of what the contract says.
Not automatically. You become the landlord; eviction requires a statutory ground, such as genuine need, with written notice within one month of acquisition.
It is valid if given in writing after the tenancy began. One signed together with the lease at the outset is not effective.
Five years retrospectively from the date of claim.