Under the Turkish Code of Obligations, a tenant has the right to receive the leased property in the condition specified in the contract, to have obstacles to its use resolved, and cannot be evicted before the lease ends without valid cause. Where a deposit is required for residential or roofed workplace rentals, Article 342 caps it at three months' rent, held in a savings account that can only be released with both parties' consent or a court order. Rent increases at each renewal are capped at the Consumer Price Index's 12-month average.
Tenant rights are the rights of the lessee, who is one of the contract's parties if a rental agreement has the appropriate provisions. According to Article 299 of the Turkish Code of Obligations (TCO) No. 6098, rental agreements are those in which the landlord agrees to leave the use of something or to profit from it combined with usage to the tenant, and the tenant agrees to pay the stipulated rent in exchange.
Tenant rights can differ depending on the kind of property covered by the lease. The tenant's rights often result from the landlord's responsibilities, and the tenant takes legal action within the limits of the tenant's rights.
As a tenant who rents a house, it is crucial to understand your rights in the renting process. You need to know under what circumstances you can leave the residence, and when the landlord can evict you. Otherwise, you may find yourself in a victim position while not deserving it.
Tenant rights are the rights that a lease agreement grants if the criteria are met. These rights often result from the lessor's duties. Under the framework of these rights and responsibilities, the lessee may make certain requests of the lessor. In general, tenant rights consist of the following:
Agreements that the penalty will be paid or the future rental fees will be payable in case the rental charge is not paid on time are illegal.
Mutual declarations of will are sufficient to create the lease and are not subject to form requirements. Verbal rental agreements are also regarded as legal, even if written rental agreements are vital as evidence in the event of a future disagreement.
The Turkish Law of Obligations also protects verbal leasing agreements, exactly like written lease agreements. Hence, even if the parties have entered into a verbal lease agreement, the lessee may assert the rights that he may demand from the lessor under the terms of the written lease agreement. For a fuller picture of how these documents should be structured, see our guide to rental contracts in Turkey.
The rental arrangement between the tenant and the landlord is typically for one year, yet it has no restrictions. In other words, the duration of a contract may be agreed upon by the parties. When the term specified in the contract ends, it is not necessary to enter into a new contract.
The contract is renewed annually on the same day. A formal rental agreement is not necessary, and if the tenant demands after the rental agreement expires, the rental agreement is extended for another year. This circumstance, which is part of the tenant's rights, prohibits eviction.
As the rental agreement is being drafted, it may be agreed that the renter would pay a deposit. In accordance with Article 342 of the TCO, if a tenant is contractually required to provide a deposit for residential and roofed workplace rentals, this deposit cannot exceed three months' rent.
If it is determined to provide money or precious documents as a deposit, the lessee puts the money in a savings account without the lessor's permission and the valuable papers in a bank. The bank may only restore the deposits with the permission of both parties, following the conclusion of the enforcement actions, or in accordance with a completed court order.
If the lessor has not notified the bank in writing within three months of the expiration of the lease agreement that he has filed a lawsuit against the tenant regarding the lease agreement or has initiated proceedings through execution or bankruptcy, the bank is required to return the security deposit to the tenant upon request. Foreign tenants in particular may benefit from understanding the rental deposit refund system in Turkey in more detail.
The renter is responsible for use charges such as heating, lighting, and water in residential and roofed office rentals, unless otherwise stipulated in the lease or contrary to local tradition. For instance, the renter is responsible for covering the costs associated with the usage of the combi boiler.
If the immovable is rented in an apartment, the tenant is required to pay the common expenditures associated with the use of the leased property, unless the contract states otherwise or local tradition dictates otherwise.
Nevertheless, the lessor cannot apply to the lessee owing to incidental costs spent by the lessor or other parties. For instance, the lessor cannot charge the lessee for fixture charges such as elevator alteration fees and sheathing fees for the leased property.
The lessor is liable for the costs associated with alterations to the fundamental construction of the leased building. The lessee has the right to demand from the lessor any deficiencies in the leased property that appear later and are not his fault, as well as any changes in the nature of essential alterations made to eradicate these problems.
Generally, rental agreements are made for a certain duration. Nonetheless, the lessor does not have the power to evict the tenant on their own, even if the agreed-upon duration in the contract for residential or commercial leases of six months or more has expired. The renter must provide notice at least fifteen days prior to the expiration of the fixed-term agreement. If no notice is given, the contract is presumed to be renewed for another year on the same terms. Tenants approaching long tenancies should also review their rights at the 5-year mark in Turkey's rental laws.
The rental fee agreed upon by the parties grows annually at the rate of inflation specified in the contract. This rate is applicable regardless, given that it does not exceed the CPI change rate calculated in the preceding rental year based on the twelve-month averages. This law also applies to leases that are longer than one year.
If there is no agreement between the parties regarding the increase rate for the next rental period, the rental price is determined by the judge based on the condition of the leased property, as long as it does not exceed the change rate based on the twelve-month averages of the consumer price index (CPI) from the previous rental year. Therefore, this rate cannot in any way surpass 25%. The broader framework of rental price caps and regulations in Turkey explains how these limits are applied.
In the event of a disagreement between the tenant and the lessor over the rental amount, the tenant may petition the court to determine the rental price. Regardless of whether the parties have reached an agreement on this topic, the rent amount to be applied in the new lease year at the end of every five years is set by the rate of change based on the twelve-month averages in the CPI and the condition of the leased premises. The court establishes a rental price in an appropriate way, taking preceding rental prices into consideration.
Similarly, a lessee may not be obliged to execute the contract out of fairness if an unusual event that could not have been anticipated by the parties at the time of the tenancy agreement, but which afterwards happened, occurred. In such instances, the lessee may file a lawsuit to have the rental price adjusted to reflect current market realities.
Before the end of the lease term, the tenant has the option to vacate the property without providing an explanation.
However, in this instance, a regulation has been made in the law so that the lessor will not be a victim, and it is accepted that pursuant to Article 325 of the TCO, if the lessee returns the leased property without complying with the contract period or the termination period, the debts arising from the lease agreement will continue for a reasonable period of time during which the leased property can be rented under similar conditions.
The tenant's obligations deriving from the lease agreement are discharged in the event that the lessee finds a new tenant who can be anticipated to accept from the lessor before the expiration of this time, has the capacity to pay, and is prepared to assume the lease.
Nonetheless, the lessor is required to subtract from the rental amount any expenditures he has saved and any advantages he has earned or purposefully avoided by utilizing the leased property in a different manner.
No. After signing a lease agreement with the tenant, the landlord may no longer enter the residence without the tenant's consent. In line with the requirements of the Turkish Criminal Code, this is the offense of "Violation of Immunity of Housing." In such a situation, the tenant may file a criminal complaint against the landlord by sending a letter to the Prosecutor's Office.
After the signing of the lease, it is the tenant's right that the landlord cannot access the rental property without their permission and approval. On the other hand, renters should promptly replace the lock when moving into a new residence. Following the conclusion of the lease, you may transfer the home back to the landlord by handing him the key.
This is an area where a common, and potentially costly, misunderstanding circulates, so it is worth setting out precisely and in the correct order.
Under Article 310 of the Turkish Code of Obligations, where the leased property changes hands for any reason after the lease was concluded, whether through sale, gift, inheritance, exchange, or a forced sale in enforcement proceedings, the new owner automatically becomes a party to the existing lease agreement, stepping into the previous landlord's position. The lease continues in exactly the same form and on exactly the same conditions as previously agreed, including the rent amount, any agreed increase mechanism, and the remaining term; there is no need for a new contract, and the new owner cannot unilaterally change the rent outside the ordinary annual adjustment process simply because ownership has changed.
It is essential to correct a frequently repeated but inaccurate simplification of this area: a new owner does not acquire an automatic right to terminate the tenancy simply by sending the tenant a notice within one month of the transfer. Becoming the landlord under Article 310 does not, by itself, create any right to end the lease early.
What Article 351 of the Code actually provides is a specific, conditional right available only where the new owner has a genuine need to use the property themselves. Specifically, where the new owner, their spouse, their descendants, their ascendants, or another person they are legally obliged to support has a real, sincere, and immediate need to use the property as housing or a workplace, not a temporary or merely anticipated future need, the new owner may pursue termination, but only by following a strict, two stage procedure. First, within one month of the date of acquiring the property, the new owner must notify the tenant of this in writing. Second, having given that notice, the new owner may then file a lawsuit for termination, but only starting six months after the date of acquisition, not immediately after the one month notice. As an alternative, rather than relying on the six month rule, the new owner may instead wait until the current contract term is due to end and file the lawsuit within one month after that expiry.
Both the one month notification deadline and the subsequent filing requirements are treated as preclusive, hak düşürücü, deadlines under Turkish court practice, meaning a case filed without properly satisfying them can be dismissed on procedural grounds without the court ever examining whether the claimed need was genuine. A landlord who buys a property intending to move in personally, or a tenant told by a new owner that they must leave within a month, should both treat this specific, conditional procedure, rather than a simple one month notice, as the actual legal standard that applies.
Regardless of whether the parties have separately agreed on this point, in lease agreements running longer than five years, or renewed beyond five years, the rent for the new lease year can be judicially redetermined in a fair manner, taking into account the twelve month average of the Consumer Price Index, the condition of the leased property, and comparable rental prices in the area, rather than being limited strictly to the ordinary annual index based increase that governs earlier years of the tenancy. Once redetermined in this way, the rent for each subsequent lease year continues to be adjusted according to the principles described here.
This mechanism is available to either party, but in practice it is used far more often by landlords seeking to bring a below market rent up to a fairer, comparable level, rather than functioning as a straightforward tenant protection. Tenants in long term arrangements approaching or past this five year point should also review our guide on eviction laws that apply to tenants in Turkey over five years, since the five year mark itself does not create any separate protection against eviction.
Where a building is identified as a risky structure and a decision for urban transformation is made, tenants who are required to vacate can apply for rental assistance to help cover the cost of alternative housing during the transformation process. This assistance is generally administered by the Provincial Directorates of the Ministry of Environment, Urbanisation and Climate Change, and, for tenants specifically, it is typically paid as a one time lump sum rather than as a recurring monthly payment, in contrast to the arrangement that generally applies to owners of the property.
To benefit from this assistance, an application must generally be made to the relevant Directorate or municipality in the province where the risky structure is located, within one year of the eviction date or within three months of the date the structure is actually demolished, whichever timeline applies to the specific circumstances. Because the exact monetary amount and specific procedural details can vary by province and by the particular transformation project involved, and are revised periodically, tenants should confirm the current figures and requirements applicable to their specific building directly with the relevant Directorate rather than relying on a fixed amount cited elsewhere.
Where a rented property suffers from dampness or a similar defect, the tenant can request that the landlord eliminate the defect within a reasonable time. If the landlord does not do so within that time, the tenant can deduct the resulting expenses from the rent, or request a replacement property free of the defect. Where the defect eliminates or significantly impedes the property's intended use and is not rectified within the given period, the tenant can terminate the contract entirely.
Where a defect affects the use of the property without eliminating it entirely, the tenant can request a proportional rent reduction for the period running from when the landlord became aware of the defect until it is actually rectified. Unless the landlord proves otherwise, they are also obliged to compensate the tenant for damages arising from the defective condition of the property.
A risky structure is the term used for a building identified, based on scientific and technical assessment, as carrying a risk of severe damage or collapse because its structural or economic life has effectively expired. When a building is officially identified as a risky structure, the tenants living there are notified, since this designation generally leads to the termination of existing leases as part of the transformation process.
Article 301 of the Code obliges the landlord to deliver the property in a condition suitable for its intended use and to maintain it in that condition throughout the lease term, an obligation a landlord is, by definition, no longer able to satisfy once a building has been identified as risky. Separately, Article 306 provides that where a defect eliminates or significantly impedes the property's intended use and is not rectified within the given period, the tenant can terminate the contract. Where a risky structure designation can reasonably be treated as eliminating the property's suitability for its intended use in this sense, a tenant can terminate the lease by sending formal written notice to the landlord, rather than being required to simply wait for the demolition and transformation process to run its course.
Lease agreements are regulated in three parts within the Turkish Code of Obligations. The first part sets out general provisions applicable wherever no more specific provision exists. The second part specifically covers residential and roofed commercial leases, çatılı işyeri, and includes protections that go beyond the general provisions. For a focused discussion of this area, see our article on key legal issues in commercial property rentals.
Under Article 343 of the Code, except for the determination of the rent amount itself, no changes detrimental to the tenant can be made to the lease. This is a one sided mandatory provision that protects only the tenant, meaning the parties remain free to agree on changes that favour the tenant, but not changes that disadvantage them. Article 346 similarly provides that a tenant cannot be obliged to make any payment beyond the rent itself and any agreed ancillary expenses; in particular, an agreement imposing a penalty clause, or providing that future rent instalments become immediately due, for late payment of rent is invalid, since this too is a one sided mandatory provision protecting only the tenant.
An occupancy permit, iskan, confirms that a completed building was constructed in accordance with its approved architectural project. A building lacking this permit can still be lawfully rented, since, as described in section 6 above, a written contract is not a requirement for a valid tenancy, and a lease can exist even for an unlicensed structure. In practice, the main difficulty tenants encounter in this situation tends to arise at the point of setting up electricity, water, or other utility subscriptions, since some providers require proof of a valid occupancy permit before establishing a new account in the tenant's name.
The Civil Courts of Peace have jurisdiction over issues originating from the lease agreement between the lessor and the lessee.
The court with jurisdiction is either the court of the tenant's place of residence or the court where the lease will be signed.
The rights known as tenant rights give certain legal safeguards to the renter, a party to the lease agreement. The structure of the lease agreement has no bearing on the tenant's ability to use these legal protections.
If you're a tenant in Turkey, it's important to know your rights and responsibilities under the law. Understanding the tenant rights outlined in the Turkish Code of Obligations can help you avoid potential conflicts with your landlord and protect your interests as a renter. Foreign tenants who run into disagreements may also find practical help through rental dispute resolution for foreigners.
If you have any questions or concerns about your tenant rights or need legal advice, we recommend consulting with a qualified attorney who specializes in landlord-tenant law. Don't hesitate to reach out and get the help you need to ensure a smooth and successful renting experience.
Documents referenced in this article, free to download.
What Are the Rights of Tenants in TurkeyDownload
