The rights and obligations of tenants and landlords in residential and roofed commercial property leases are governed by the Turkish Code of Obligations. The most debated issues in a tenancy are the rent increase rate, eviction and the security deposit. In this guide, we cover the rights of both parties comprehensively, together with the current rules.
How much can the rent be increased?
In residential leases, the annual rent increase cannot exceed the twelve-month average CPI of the previous rental year. Even if the contract specifies a higher rate or indexes the rent to foreign currency or gold, this consumer-protecting cap applies. The landlord can demand an increase only within this limit; the tenant is not obliged to pay any excess.
If the tenancy has lasted longer than five years, either party can file a rent determination lawsuit to request an update of the rent. In this lawsuit, the judge sets the new rent by fairly assessing the CPI rate, the condition of the property and comparable rents.
In which cases can a landlord evict a tenant?
A landlord cannot evict a tenant arbitrarily or simply to "charge a higher rent." The grounds for eviction listed in the law are limited:
- Eviction due to need: If the landlord, their spouse, their descendants or ascendants, or persons they are obliged to support need the home or business premises, a lawsuit can be filed at the end of the term. The need must be genuine, sincere and compelling.
- Reconstruction or substantial renovation: Eviction can be requested if the property needs to be rebuilt or requires extensive renovation that makes occupancy impossible.
- Written eviction undertaking: If the tenant has given a written undertaking to vacate the property on a specific date, enforcement proceedings or a lawsuit can be pursued if that date is not met.
- Two justified notices: If the tenant fails to pay rent on time twice within one rental year and receives written notice, eviction can be requested at the end of the rental year.
- Non-payment of rent (default): A tenant who fails to pay rent is given a grace period; if payment is not made within that period, the contract can be terminated and eviction requested.
- Need of the new owner: A new owner who has purchased the property can request eviction by notifying their need within certain time limits.
Important: In most cases, eviction is not automatic; the landlord must serve a proper notice and, where necessary, file a lawsuit.
The ten-year extension period rule
Fixed-term lease agreements are automatically extended even after the term expires. If the tenant has lived in the property for ten years, counting the contract term and extension years together, the landlord can terminate the contract without giving a reason at the end of this ten-year extension period, provided that at least three months' notice is given.
Security deposit (guarantee amount)
A landlord may request a security deposit; however, this amount can be at most three months' rent. A deposit taken in cash must be kept in a time deposit account at a bank in the tenant's name and returned when the tenancy ends and the property is delivered in accordance with the contract. The landlord cannot withhold the deposit unless there is real damage; if making deductions, they must document them.
Tenant's obligations
- Paying the rent on time and in full,
- Using the property in accordance with the contract and with care, and respecting neighbors,
- Undertaking minor maintenance and repairs arising from their own fault,
- Notifying the landlord of defects in the property and any major repairs required.
Landlord's obligations
- Delivering the property in a condition fit for use and free of defects,
- Carrying out necessary and major repairs (roof, plumbing and utilities, structural elements),
- Not unjustly interfering with the tenant's use of the property.
Mediation in rent disputes
In disputes arising from a tenancy (eviction, rent determination, return of the deposit, etc.), applying to a mediator is mandatory before filing a lawsuit. If no agreement is reached, the matter proceeds to court. Structuring the process correctly from the start saves significant time and cost for both tenant and landlord.
Professional legal support
This article is for general informational purposes only and does not constitute legal advice; every dispute has its own unique circumstances and legislation may change over time. To avoid losing your rights and to manage your case properly, we recommend consulting Avrasya Law Office. Kasım Ergün and his experienced team are by your side in litigation and consulting matters. To book an appointment at our Bakırköy office, you can visit our Contact page.
