By Av. Serkan Kara, Istanbul Bar No. 53770. Last updated: 14 June 2026.
Tenant and landlord rights in Turkey are governed primarily by the Turkish Code of Obligations No. 6098, whose lease chapter (Articles 299 to 378) sets out the duties of both parties, the limited grounds on which a landlord may end a residential or roofed-workplace tenancy, and the protections that prevent a tenant from being removed without legal cause. The statute is heavily tenant-protective: a landlord cannot simply decline to renew a lease, the annual rent increase is capped by law, and a tenant cannot be evicted except on specific statutory grounds and, in most cases, through a court order. For foreign owners, expatriate tenants, and cross-border families, these mandatory rules apply regardless of nationality and override conflicting clauses borrowed from the law of another country.
What law governs the landlord and tenant relationship in Turkey?
The landlord and tenant relationship is governed by the Turkish Code of Obligations No. 6098, specifically the lease provisions at Articles 299 to 378 and the dedicated rules on residential and roofed-workplace leases. These rules apply regardless of the nationality of either party, so a foreign owner leasing to a foreign tenant is bound by the same framework as a domestic lease. Enforcement of a court-ordered eviction runs through the Enforcement and Bankruptcy Law No. 2004, and contested cases follow the Code of Civil Procedure No. 6100.
Because the Code of Obligations treats residential and roofed-workplace leases as a protected category, several of its provisions are mandatory and cannot be waived by contract. A clause that strips the tenant of a statutory protection is generally unenforceable, even if both parties signed it. This is the single most common misunderstanding among foreign landlords who draft leases on the assumptions of their home country. For the wider purchase and ownership framework, see our overview of Turkish real estate law.
What are the landlord’s main obligations?
The landlord’s core obligation under the Code of Obligations No. 6098 is to deliver the property fit for the agreed use and to keep it in that condition for the term of the lease. This includes handing over the premises with any agreed fixtures, carrying out significant repairs not caused by the tenant’s misuse, and not interfering with the tenant’s lawful use and quiet enjoyment of the property.
- Delivery and maintenance: provide the property fit for purpose and perform major repairs that are not attributable to the tenant.
- Quiet enjoyment: not disturb the tenant’s lawful use and not enter the property without consent except in agreed or emergency circumstances.
- Defects and warranty: remedy material defects that impair use; the tenant may have rights to repair, rent reduction, or compensation where the landlord fails to act.
- Charges: bear the taxes and burdens tied to ownership, while running costs and routine use charges are typically allocated to the tenant by the lease.
What are the tenant’s main obligations?
The tenant’s principal obligation under the Code of Obligations No. 6098 is to pay the agreed rent on time, an obligation the statute fixes at Article 313, and to use the property with the care of a prudent person in line with the agreed purpose. A tenant who pays late, damages the property beyond ordinary wear, or uses a residence for an unpermitted commercial purpose breaches the lease and exposes the tenancy to termination on statutory grounds.
- Rent and ancillary charges: pay rent and any agreed service charges in full and on time (Article 313).
- Proper use and care: use the property for its intended purpose and protect it from avoidable damage.
- Notification: promptly inform the landlord of defects the landlord must repair.
- Return: hand the property back at the end of the lease in the condition received, allowing for normal wear.
How are rent increases regulated?
Rent increases between an existing landlord and tenant are not freely negotiable; the Code of Obligations No. 6098 ties the permitted annual increase to a statutory ceiling rather than allowing the landlord to set any figure. For a renewing lease the increase is capped by reference to the twelve-month average of the consumer price index (TUFE), and the legislature has at times imposed temporary fixed limits on residential rent increases. Because the exact ceiling depends on the rule in force for the relevant period, the current cap should always be verified before a notice is issued or contested.
Key principles that do not change with the headline number:
- For a renewing lease, the landlord cannot demand an increase above the statutory ceiling, even if the contract states a higher figure.
- An increase clause that exceeds the lawful limit is reduced to the permitted amount rather than voiding the whole lease.
- Where the parties cannot agree, a court may set the rent through a rent-determination action, taking comparable market rents and the statutory framework into account.
- After several years of tenancy, the law allows rent to be reset closer to market value through a court action, subject to the statutory conditions.
Foreign landlords frequently assume they can raise rent to market level each year. In a continuing tenancy that assumption is incorrect, and acting on it can itself become grounds for a tenant claim.
On what grounds can a landlord end the lease?
A landlord cannot end a residential or roofed-workplace lease at will; termination is permitted only on the limited grounds listed in the Code of Obligations No. 6098. A fixed-term lease does not simply expire to the landlord’s benefit. Unless a statutory ground applies, the tenancy renews and the tenant keeps the right to remain. One of the recognized grounds is the landlord’s genuine need to use the property for the landlord or close family, set out at Article 350.
The recognized grounds fall into two broad categories:
- Landlord-based needs: a genuine and demonstrated requirement to use the property for the landlord or close family, or a substantial reconstruction or renovation that requires the property to be vacated (Article 350).
- Tenant-based fault or default: repeated late payment after lawful written warnings within a lease year, a valid written eviction undertaking by the tenant, or other breaches recognized by the statute.
Each ground carries its own notice requirements, time limits, and evidentiary burden. A new owner who buys a tenanted property may invoke a need-based ground, but only by following the statutory procedure and timing. Misusing a need-based ground, for example reletting at a higher rent shortly after evicting a tenant on a claim of personal need, can trigger statutory liability toward the former tenant. Buyers should weigh this before purchase, as covered in our note on title deed red flags for foreign buyers.
What notice must a landlord give for non-payment?
Where a tenant fails to pay rent, the Code of Obligations No. 6098 requires the landlord to serve a lawful written warning and allow a statutory period to cure before the tenancy can be ended on that ground. For a non-payment default, the landlord must give written notice and, after two justified warnings within the same rental year, may proceed to end the lease on the recognized timeline rather than acting immediately on the first missed payment.
- Written warning: the default must be put in writing through a method that proves delivery, typically a notary notice.
- Two warnings in one rental year: repeated late payment after lawful warnings within the same lease year is a recognized ground to end the tenancy.
- Cure period: the tenant is allowed the statutory period to pay before the landlord may move forward.
- Indefinite-term leases: a tenant on an indefinite-term lease may terminate with the statutory notice before the next term period; confirm the notice period that applies to the specific lease.
How does eviction actually work, and how is it different from the eviction lawsuit?
Eviction almost always requires a legal process rather than self-help; a landlord cannot change the locks, cut utilities, or remove a tenant’s belongings. Where a tenant does not leave voluntarily on a valid ground, the landlord must obtain a decision through the civil court of peace (sulh hukuk mahkemesi) or, in qualifying cases, through enforcement proceedings, and then enforce it under the Enforcement and Bankruptcy Law No. 2004. This article explains the substantive rights of each side; the procedural mechanics of bringing the action are set out in our dedicated guide on how to evict a tenant in Turkey.
The practical sequence usually involves a lawful notice or warning matched to the specific ground, a filing deadline the landlord must respect, and a court or enforcement decision before any physical removal. Skipping the notice stage or relying on the wrong ground is the most frequent reason a landlord’s eviction effort fails or is delayed.
What protections does a tenant have against unfair eviction?
A tenant is protected against eviction outside the statutory grounds, against self-help removal, and against pretextual use of need-based grounds. If a landlord acts without a lawful basis or fails to follow the required procedure, the tenant can defend the action before the civil court of peace and, where the landlord has misused a need-based ground, may claim compensation.
- No self-help: a landlord cannot evict without a court or enforcement decision; physical lockouts and utility cut-offs are unlawful.
- Renewal protection: a fixed-term lease does not end automatically in the landlord’s favor; the tenant’s right to remain continues absent a statutory ground.
- Anti-pretext rule: where a landlord evicts on a need-based ground and then relets to a third party at higher rent within the statutory window, the former tenant may be entitled to compensation.
- Deposit protection: the security deposit is the tenant’s money held as security; it must be returned, less lawful deductions, at the end of the tenancy.
How are security deposits handled?
A security deposit in a Turkish residential lease is held as security for the landlord and remains the tenant’s property, to be returned at the end of the tenancy after any lawful deductions for unpaid rent or damage beyond normal wear. The Code of Obligations No. 6098, at Article 342, limits the deposit to a maximum of three months’ rent and requires a cash or negotiable-instrument deposit to be held in a bank account that is not released to the landlord without the tenant’s consent or a court decision. Because the permitted multiple and the safekeeping rules are fixed by statute, the limit in force should still be confirmed before drafting the deposit clause.
At the end of the lease the landlord cannot keep the deposit indefinitely or apply it to charges that are not contractually or legally the tenant’s responsibility. Disputes over deposit return are a common source of small-value litigation, and clear handover documentation, including a dated inventory and condition record, is the most effective protection for both sides.
What documents and records should each side keep?
The most useful protection in a Turkish lease dispute is a clear paper trail; both landlord and tenant should keep dated records of the lease, payments, notices, and the condition of the property. Courts decide rent, eviction, and deposit disputes on documented facts, so the side that can prove what happened, and when, holds a significant advantage.
- The signed lease and any annexes or inventory of fixtures and condition at handover.
- Proof of rent payments through traceable bank transfers rather than undocumented cash.
- Written notices and warnings sent through a method that proves delivery, such as a notary notice, especially for payment warnings and termination.
- Photographic and written condition records at the start and end of the tenancy to resolve deposit and damage questions.
How does this affect foreign owners and expatriate tenants?
Foreign owners and expatriate tenants are bound by the same Code of Obligations No. 6098 framework as domestic parties, so the protections and obligations described here apply equally regardless of nationality. The practical risk for foreign landlords is assuming their home-country rules, such as free annual rent increases or contractual eviction at lease end, will be honored; Turkish law generally overrides such clauses in favor of the tenant.
Cross-border issues add further layers. A foreign owner managing a property remotely should ensure notices are served correctly under Turkish procedure, ideally through a local representative or counsel, because a defective notice can reset the entire process. Where a lease has an international element, questions of applicable law and jurisdiction may arise under the Private International and Procedural Law No. 5718, although the protective lease provisions of Turkish law typically govern property located in Turkey. Expatriate tenants, in turn, should confirm that the person signing as landlord is the registered owner on the title deed; our real estate due diligence checklist for foreign buyers sets out how to verify ownership before signing.
Where are landlord and tenant disputes decided?
Landlord and tenant disputes are generally heard by the civil courts of peace (sulh hukuk mahkemesi) for lease matters, with eviction, rent-determination, and deposit claims following the Code of Civil Procedure No. 6100. Many disputes must first pass through a mandatory mediation stage before a court will hear the case, and a court-ordered eviction is enforced through the local enforcement office under the Enforcement and Bankruptcy Law No. 2004.
The competent court, the applicable filing deadlines, and whether mediation is a precondition all depend on the type of claim. Acting within the statutory time limits is critical: a landlord who misses the filing window for a need-based eviction, or a tenant who fails to respond to a lawful payment warning, can lose rights the statute would otherwise have protected.
Fixed-term versus indefinite-term leases compared
| Feature | Fixed-term lease | Indefinite-term lease |
|---|---|---|
| Duration | Set term, often one to three years | Open-ended, no fixed end date |
| End of term | Renews automatically; does not end in the landlord’s favor without a statutory ground | Continues until lawfully terminated |
| Tenant termination | By the statutory notice before the term end | By the statutory notice before the next term period |
| Rent increase | Capped by the statutory ceiling (TUFE-linked) | Capped by the statutory ceiling (TUFE-linked) |
| Landlord termination | Only on statutory grounds, with notice | Only on statutory grounds, with notice |
Both lease types sit under the same Code of Obligations No. 6098 protections; the practical difference is timing and notice, not whether the tenant can be removed at will. For a buyer’s perspective on choosing and structuring a lease, see buying property in Turkey.
Frequently asked questions
Can a landlord in Turkey evict a tenant simply because the lease term has ended?
No. Under the Code of Obligations No. 6098, a fixed-term residential or roofed-workplace lease does not end in the landlord’s favor merely because the term expires. The tenancy renews and the tenant may remain unless the landlord proves a specific statutory ground, such as a genuine personal or family need under Article 350, a qualifying reconstruction, or tenant default after lawful warnings.
Can a landlord raise the rent by any amount each year?
No. For a continuing tenancy the annual increase is capped by reference to the twelve-month average of the consumer price index (TUFE) under the Code of Obligations No. 6098, and the legislature has at times set temporary fixed limits. A clause demanding more than the lawful ceiling is reduced to the permitted amount. Verify the cap in force for the relevant period before any notice is issued or challenged.
Can a landlord change the locks or cut utilities to force a tenant out?
No. Self-help eviction is unlawful in Turkey. A landlord must obtain a decision from the civil court of peace or an enforcement decision and have it carried out by the enforcement office under the Enforcement and Bankruptcy Law No. 2004. Locking out a tenant or cutting utilities can expose the landlord to liability and does not lawfully end the tenancy.
How much can a landlord require as a security deposit?
The Code of Obligations No. 6098, at Article 342, limits the security deposit to a maximum of three months’ rent, and a cash or instrument deposit must be held in a bank account that is not released without the tenant’s consent or a court decision. The deposit remains the tenant’s money and must be returned at the end of the tenancy, less any lawful deductions for unpaid rent or damage beyond normal wear.
Does Turkish tenancy law apply to foreign owners and foreign tenants?
Yes. The protective lease provisions of the Code of Obligations No. 6098 apply to property in Turkey regardless of the parties’ nationality. A lease clause based on foreign-law assumptions that strips a tenant of a statutory protection is generally unenforceable in Turkey, even if both parties signed it. Cross-border elements may raise applicable-law questions under the Private International and Procedural Law No. 5718.
Speak with a Turkish lease and property lawyer
If you are a foreign owner letting property in Turkey, an expatriate tenant facing a rent increase or eviction notice, or a party to a cross-border lease dispute, the safest step is to have the lease, the notice, and the deadlines reviewed before you act. Serka Law Firm advises international landlords and tenants on lease drafting, rent and eviction disputes, and enforcement, and works in multiple languages for cross-border clients. For the full transactional framework, see our service on real estate law and property acquisition, and request a confidential case assessment to have your situation reviewed by a lawyer.
General information, not legal advice. Turkish law; verify your specific situation with qualified counsel.