A Turkish rental agreement (kira sozlesmesi) should name the landlord and tenant, describe the property, and set the rental period, the rent and payment method, the basis for any increase, and the security deposit with the conditions for its refund. Foreigners applying for a residence permit need the contract to state the full address, the landlord's name and address, the tenant's name and nationality, and the lease duration and purpose, and it must be notarised to be enforceable.
Renting a property in Turkey, whether you are a landlord or a tenant, requires careful consideration and adherence to legal requirements. This is especially important for foreigners who are planning to apply for a residence permit, as the rental agreement must contain specific elements and be properly notarized. Additionally, both landlords and tenants can benefit from consulting an attorney to protect their rights and ensure a smooth rental experience. In this blog post, we will explore key factors to consider before entering into a rental contract in Turkey.
In Turkey, rental agreements (kira sözleşmesi) are important legal documents that outline the terms and conditions of a rental arrangement between a landlord and a tenant. Here's a comprehensive guide to understanding rental agreements in Turkey.
Entering into a rental contract in Turkey requires careful attention to legal requirements and considerations for both landlords and tenants. Foreigners planning to apply for a residence permit must ensure that their rental agreement contains the necessary information to support their application. Additionally, notarizing the rental contract and seeking guidance from an attorney can provide both parties with legal protection and avoid potential disputes. By addressing essential factors such as clauses, maintenance responsibilities, and key return provisions, landlords and tenants can establish a transparent and mutually beneficial rental relationship. If a disagreement does arise, mediation services for rental disputes can offer a faster route than litigation, and landlords should know the essential steps to take when tenants cause damage to the property.
Contact us for further assistance in terms of negotiation and contract drafting.
A residential lease in Türkiye does not have to follow an official form, but a written contract protects both sides. At a minimum it should state the identity and tax or passport numbers of both parties, the full address of the property, the monthly rent and payment date, the amount of any deposit, the start date and term, and how the rent will be increased on renewal (the increase may not exceed the twelve-month average of the consumer price index; see the current rent increase cap).
List the furniture and appliances in an inventory (demirbaş listesi) signed by both parties, state who pays building dues and utilities, and, if you do not read Turkish, sign a bilingual version or have the contract translated before you sign it.
Under Turkish law, a lease agreement is binding on both parties once signed. The fact that a foreign tenant could not obtain legal residence in Türkiye is not, by default, a legally valid reason to terminate the agreement unless explicitly stated in the contract.
Moreover, landlords are not legally required to return any portion of the rent or deposit unless such terms are included in writing.
At Bayraktar Attorneys, we recommend including a clause in the contract similar to the following:
"In the event that the Tenant's residence permit application is rejected for any reason by the Turkish immigration authority (Göç İdaresi), the Tenant shall be entitled to terminate this agreement without penalty, and all advance rent payments and deposits shall be refunded in full within 15 days."
This clause should also include:
The tenant's right to cancel unilaterally if residence permit is denied.
A deadline for the refund of all payments.
Clear wording that rejection includes both personal and administrative reasons (e.g., closure of residence permit applications in certain neighborhoods).
Avoid paying for the entire year upfront: pay monthly or quarterly if possible.
Insist on a notarized version of the lease agreement, especially if required for residence permit submission.
Make sure your lease includes the address exactly as listed in the Tapu (title deed); this avoids future rejections.
Use a bilingual contract (Turkish-English or Turkish-Arabic) to prevent misunderstandings.
Have your lease reviewed by an attorney, every word matters in Turkish property law.
Under Article 342 of the Turkish Code of Obligations the deposit for a residential lease may not exceed three months' rent. If it is paid in money, it should be placed in a time deposit account at a bank that can only be released with both parties' consent or a court or enforcement decision. Our guide to security deposit rules in Türkiye explains refunds and deductions.
Electricity, water and gas subscriptions are opened in the tenant's name with the lease and an ID or residence permit. Ordinary building dues (aidat) are normally paid by the tenant; costs of structural improvements are the owner's responsibility. Foreigners who move into a rented home must register the new address with the population office within 20 days (Law No. 5490); the registered address is also used for residence permit applications.
When renting a furnished property in Turkey, it is important to clearly outline the inventory included in the lease agreement. This protects both the landlord and tenant in case of damage or loss. The contract should specify the condition of the furniture and appliances at the start of the tenancy. Additionally, furnished rentals may have different rules regarding maintenance responsibilities and deposit amounts. Ensuring compliance with local rental laws helps avoid disputes and guarantees legal protection.
Unfurnished rentals typically involve fewer inventory issues but require clear terms about the property’s condition. The lease agreement should include details about the structure, fixtures, and any renovations allowed. Tenants often take on more responsibility for furnishing and repairs, so it’s crucial to define who covers maintenance costs. Legal obligations around eviction notices and rental period renewals must be carefully observed to avoid conflicts.
Landlords often ask foreign students for a guarantor or a larger deposit within the legal limit. Align the term with the academic year and check whether early termination at the end of a semester is allowed. In a newly built property, confirm that the building has its occupancy permit (iskan) and an address number (numarataj): without them utility subscriptions and address registration can be refused, which in turn blocks a residence permit application.
