Article 344 distinguishes ordinary CPI-limited renewals from judicial rent determination for leases longer than five years or renewed after five years. Five years does not permit a unilateral market-rent reset or itself create an eviction ground. The temporary residential 25 per cent cap ended with renewals through 1 July 2024 inclusive. Article 347 termination after ten extension years is a separate rule requiring written notice and correct timing.
Completing five years in a Turkish tenancy does not by itself create a new ground for eviction or a new protection against eviction. Its principal significance for rent is a judicial rent-determination mechanism under Article 344(3) of the Turkish Code of Obligations, distinct from the rules governing ordinary renewal increases.
For residential and roofed workplace leases governed by Article 344, agreements concerning rent in renewed periods are subject to the change in the Consumer Price Index according to twelve-month averages. Law No. 7161 replaced the earlier producer-price wording in 2019. The twelve-month-average change is not the same as one month's inflation rate or the year-on-year inflation figure.
This is an upper limit, not an automatic entitlement to the maximum increase. A lower agreed increase remains relevant. If the parties have not agreed on the renewal rent, Article 344(2) provides for judicial determination within the index ceiling, taking the condition of the property and equity into account. Foreign-currency agreements have separate rules.
Article 344(3) addresses leases longer than five years, leases renewed after five years, and subsequent five-year intervals. Whether or not the parties have agreed on renewal rent, a court may determine the rent for the new rental year by considering the twelve-month-average CPI change, the condition of the premises, comparable rents and equity.
The ordinary index ceiling in the first two paragraphs should not be presented as an absolute ceiling for this separate judicial process. Equally, the fifth anniversary does not give a landlord a right to impose a unilateral market-rent reset. The statutory conditions, procedure and evidence must be assessed. A court's result is not necessarily identical to an advertised rent for a vacant property.
Article 344(3) does not authorise a fresh market-based determination every year after the first such decision: the statute also addresses subsequent five-year intervals and ordinary adjustments between them. Avoid confusing this process with an exceptional hardship-adjustment claim under Article 138, which has different conditions.
Temporary provisions applied a 25 per cent limit to specified residential renewals between 11 June 2022 and 1 July 2024. The second temporary provision, introduced by Article 23 of Law No. 7456, covered renewals from 2 July 2023 through 1 July 2024 inclusive. Where the applicable twelve-month-average CPI change was lower, the lower rate applied.
This historical residential rule should not be described as a current general 25 per cent cap or extended to roofed workplace leases. For ordinary residential renewals from 2 July 2024, the temporary provision's period had ended. The temporary limit and Article 344(3)'s judicial mechanism must also be kept distinct.
Article 345 states that a rent-determination action may be brought at any time. Whether the resulting rent binds the tenant from the beginning of a particular new rental period depends on statutory timing conditions. Those include an action brought at least thirty days before that period begins, or timely written notice of an intended increase followed by an action before the end of the new period. Where the agreement contains a renewal-increase clause, the article provides a separate timing route.
It is therefore inaccurate to say that thirty-day notice is always required or that every judgment automatically takes effect retroactively. Mandatory mediation and its effect on procedural time limits must also be considered before a rent dispute is filed; rent-related disputes were brought within Article 18/B from 1 September 2023, subject to the statutory exception for eviction through enforcement without judgment.
Article 344(4) provides a separate framework where rent is agreed in foreign currency, while preserving rules under Law No. 1567 and the exceptional-hardship provision in Article 138. It should not be described as an unconditional five-year immunity from any judicial adjustment. After five years, the statutory determination also takes changes in the foreign currency's value into account. Whether a foreign-currency clause is permitted must be checked separately.
Rent determination and termination of a lease are different legal questions. A rent-determination action does not by itself terminate the tenancy. Other statutory termination grounds and their individual conditions may still apply; reaching five years alone supplies neither a ground to evict nor immunity from eviction.
For a fixed-term residential or roofed workplace lease, Article 347 addresses ten years of extensions following the original fixed term. After that extension period, the landlord may terminate at the end of a subsequent extension year by giving at least three months' notice beforehand, without stating a reason. Article 348 requires written notice.
Do not equate this with ten years from moving in. Nor should the end of the tenth extension year itself be confused with the end of the following extension year. For an original one-year term followed by uninterrupted annual extensions, the earliest ordinary end date under this route is at the end of the twelfth rental year, subject to the required notice and any applicable transitional issues. Indefinite-term leases have a different formulation in Article 347.
Source-check update: 27 September 2026. General information; lease classification, dates, notices and relief require case-specific assessment. No independent legal review of this update is claimed.
