How Foreigners in Türkiye Can Protect Themselves When Signing a Rental Agreement Before Residence Permit Applications

Foreign nationals who apply for a residence permit in Türkiye are often required to sign a one-year rental contract as part of their supporting documents.

However, if the residence permit application is rejected for any reason, such as missing paperwork, policy limits, or area-specific restrictions, the tenant may still be legally responsible for paying rent for the full term of the lease.

As Bayraktar Attorneys, we frequently advise our international clients on how to avoid this financial risk by inserting a special protective clause into their rental contracts.

Why This Clause Is Necessary

Unfortunately, Turkish rental agreements do not automatically allow for termination in the event of a residence permit rejection. This means:

• Even if you never legally reside in the property, you may still be held liable for up to one year’s rent.

• Your security deposit may not be returned.

• You may face legal consequences if you fail to pay the agreed amount.

The Legal Background

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.

Our Legal Recommendation: Add a Protective Clause

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).

Other Tips for Foreigners Signing a Lease in Türkiye

1. Avoid paying for the entire year upfront— pay monthly or quarterly if possible.

2. Insist on a notarized versionof the lease agreement, especially if required for residence permit submission.

3. Make sure your lease includes the address exactly as listed in the Tapu (title deed)— this avoids future rejections.

4. Use a bilingual contract(Turkish-English or Turkish-Arabic) to prevent misunderstandings.

5. Have your lease reviewed by an attorney— every word matters in Turkish property law.

How We Help at Bayraktar Attorneys

We regularly draft bilingual lease contracts for foreigners relocating to Türkiye. We also:

• Negotiate with landlords for favorable clauses.

• Represent clients in deposit return disputes.

• File legal petitions in case of contract breaches.

Do not risk losing your rent or deposit. Let our expert legal team help you sign a residence-permit-friendly rental contract with our rental contract legal service.