Real Estate Law

For leases of residential and roofed business premises, an agreement on the rent increase for the renewed term is valid provided that it does not exceed the rate of change in the consumer price index (TÜFE) in the previous lease year, based on twelve-month averages (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 344 (Official text, opens in a new tab)). This rule also applies to contracts with a term of more than one year. If the parties cannot agree, the rent is set by the judge on an equitable basis, without exceeding this rate. TÜFE rates are published every month by TÜİK (Turkish Statistical Institute). Please refer to the official text for the current position.

For leases of residential and roofed business premises, the landlord cannot terminate the lease merely by relying on the expiry of the contractual term (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 347 (Official text, opens in a new tab)). The need for a residence or business premises for the landlord, their spouse, descendants, ascendants or persons they are obliged to support, and the necessity of reconstruction or major renovation, are among the grounds listed in the law (TBK art. 350 (Official text, opens in a new tab)). A written undertaking to vacate, two justified notices for non-payment of rent, and the tenant owning a residence suitable for living in within the same district or municipality, of which the landlord was unaware when the lease was concluded, are also grounds for eviction (TBK art. 352 (Official text, opens in a new tab)). For fixed-term leases, once the ten-year extension period has expired, the landlord may terminate the lease without stating a reason by giving notice at least three months before the end of each extension year. Actions based on these grounds are mostly subject to one-month time limits.

A person who subsequently acquires the leased property may terminate the lease by bringing an action if they need it as a residence or business premises for themselves, their spouse, descendants, ascendants or persons they are obliged to support (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 351 (Official text, opens in a new tab)). To do so, they must notify the tenant of the situation in writing within one month of the acquisition date and bring the action after six months. The new owner may also exercise this right by an action brought within one month of the end of the lease term. Property vacated on the ground of need may not be let to anyone other than the former tenant for three years unless there is a justified reason (TBK art. 355 (Official text, opens in a new tab)).

The tenant must undertake in writing to vacate the leased property on a specific date (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 352 (Official text, opens in a new tab)). The law requires the undertaking to be given after the leased property has been handed over. If the property is not vacated on the agreed date, the landlord may initiate enforcement proceedings or bring an action within one month of that date. If the landlord notifies the tenant in writing within this period that an action will be brought, the time limit for bringing the action is deemed extended by one lease year (TBK art. 353 (Official text, opens in a new tab)).

Yes. In disputes arising from a lease relationship, applying to a mediator before filing a lawsuit is a precondition for bringing an action (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/B (Official text, opens in a new tab)). The eviction of leased immovable property through enforcement proceedings without a judgment under the (Enforcement and Bankruptcy Act (İcra ve İflas Kanunu – İİK, Law No. 2004) (Official text, opens in a new tab)) is excluded from this rule. Disputes concerning the dissolution of co-ownership, condominium ownership and neighbour rights are also subject to mandatory mediation. An action brought without first applying to a mediator is dismissed on procedural grounds (HUAK art. 18/A (Official text, opens in a new tab)).

A rent determination action may be brought at any time (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 345 (Official text, opens in a new tab)). For the rent set by the court to apply from the start of the new term, the action must be brought at least 30 days before the new term begins. If the landlord has notified the tenant in writing within this period that the rent will be increased, or if the contract contains an increase clause, an action brought before the end of the new term also takes effect from the start of that term. For leases lasting more than five years or renewed after five years, the judge sets an equitable rent, taking into account the change in the consumer price index (TÜFE), the condition of the leased property and comparable rents (TBK art. 344 (Official text, opens in a new tab)).

Contracts for the transfer of ownership of immovable property are not valid unless executed in official form (Turkish Civil Code (Türk Medeni Kanunu – TMK, Law No. 4721) art. 706 (Official text, opens in a new tab)). The official deed of sale is executed at the land registry office (tapu müdürlüğü) (Land Registry Act (Tapu Kanunu, Law No. 2644) art. 26 (Official text, opens in a new tab)). A promise-to-sell agreement for immovable property must also be made in official form (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 237 (Official text, opens in a new tab)); such agreements are executed before a notary as notarial deeds. A promise to sell executed before a notary may be annotated in the land register; if the sale is not completed within five years of the annotation, the land registry office removes the annotation ex officio.

For leases of residential and roofed business premises, the security deposit taken from the tenant may not exceed three months' rent (Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098) art. 342 (Official text, opens in a new tab)). If the security is money, the tenant deposits it in a time savings account from which it cannot be withdrawn without the landlord's consent; if it consists of negotiable instruments, they are deposited with a bank. If the landlord does not notify the bank in writing within three months after the end of the lease that an action has been brought or enforcement proceedings initiated against the tenant, the bank returns the security at the tenant's request.

On plots with risky buildings, decisions on reconstruction, construction-for-flats arrangements and similar measures are taken by an absolute majority of the co-owners, calculated according to their shares (Act on the Transformation of Areas under Disaster Risk (Afet Riski Altındaki Alanların Dönüştürülmesi Hakkında Kanun, Law No. 6306) art. 6 (Official text, opens in a new tab)). The offer is notified to owners who did not join the decision through a notary or by a 15-day announcement at the neighbourhood headman's office (muhtarlık); if it is not accepted within 15 days, their shares may be sold. These shares are first sold by public auction to the co-owners who have agreed, at not less than market value. Owners may object to the designation of a building as risky within 15 days (Act on the Transformation of Areas under Disaster Risk art. 3 (Official text, opens in a new tab)). Please refer to the official text for the current position.

Unless otherwise agreed, each unit owner must contribute to common expenses and advance payments; an owner cannot refuse to pay on the ground of not using the common areas (Condominium Act (Kat Mülkiyeti Kanunu – KMK, Law No. 634) art. 20 (Official text, opens in a new tab)). Any of the other unit owners or the building manager may bring an action or initiate enforcement proceedings against a unit owner who does not pay. Default compensation calculated at five per cent per month may be claimed for late payment. In disputes arising from condominium ownership, applying to a mediator before filing a lawsuit is mandatory (Mediation in Civil Disputes Act (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu – HUAK, Law No. 6325) art. 18/B (Official text, opens in a new tab)).