How to Prepare a Rental Agreement in Turkey? *2025

General Terms That Must Be Included in a Lease Agreement

a. Tenant’s Responsibilities

The tenant’s fundamental responsibility is to use the property with care and utilize it in accordance with the purpose specified in the agreement. According to the Turkish Code of Obligations, the tenant is obligated to maintain the property in the condition it was received. The tenant must also show respect in neighborly relations and avoid disturbing behaviors such as noise and pollution.

The tenant is responsible for making minor repairs (such as faucet repair, light bulb replacement) in the rented property. They must immediately report larger malfunctions. If this reporting obligation is not met, the tenant may be held liable for resulting damages.

b. Landlord’s Responsibilities

The landlord’s most basic responsibility is to deliver the rented property in a usable condition and maintain it in this state throughout the rental period. This is explicitly regulated in Article 301 of the Turkish Code of Obligations. The landlord must ensure the accuracy of the property’s title deed information and that it is free from third-party rights.

Additionally, the landlord is obligated to make repairs that arise in the rented property for which the tenant is not responsible. For example, fixing major problems such as roof leaks, main water pipe bursts, or central heating system failures is the landlord’s responsibility.

The landlord must ensure the tenant’s peaceful use of the property and should not disturb the tenant during the contract period. However, in cases of necessary repairs or property sale, they have the right to show the property for reasonable durations.

c. Building Maintenance Fees and Common Expenses

The lease agreement should clearly specify who is responsible for maintenance fee payments and other common expenses. Generally, the following expenses belong to the tenant:

• Building maintenance fees
• Electricity, water, natural gas bills
• Internet and telephone expenses
• Doorman/staff wages
• Maintenance costs of common areas such as elevator and parking

However, property taxes (such as real estate tax) and major renovation expenses typically belong to the landlord. Parties should clearly regulate these matters in the agreement, especially detailing any special conditions arising from the management plan.

d. Property Renovations

The tenant needs the landlord’s written permission for changes and renovations to be made to the rented property. It is important to state this clearly in the agreement. Unauthorized changes can be grounds for contract termination and compensation claims.

The agreement should also specify who will bear the costs of property renovations, what will happen to these renovations at the end of the lease period, and how the property should be returned. Generally:

1. Decorative changes (paint, wallpaper, etc.)
2. Non-fixed furniture and accessory changes
3. Changes to electrical and plumbing installations
4. Structural changes such as wall removal or addition

e. Prohibition of Sublease and Transfer

According to Article 322 of the Turkish Code of Obligations, without the landlord’s written consent, the tenant cannot sublease the property or transfer their right of use. This matter is particularly important in residential and roofed workplace leases.

Clear and precise regulation of sublease and transfer prohibition provisions in the agreement is critical to prevent future disputes. Violation of the prohibition can constitute just cause for termination of the agreement.

Additionally, special circumstances such as the status of heirs in case of tenant’s death, or company merger or transfer if the tenant is a company, should also be regulated in the agreement. These regulations help protect the rights of parties in unexpected situations.

Important Considerations When Preparing a Lease Agreement

a. Written Form Requirement

In the Turkish legal system, there is no strict written form requirement for lease agreements.

Verbal lease agreements are also valid. However, having a written contract is extremely important for ease of proof. A written contract serves as evidence in disputes that may arise between parties.

Each page of the written contract must be signed by the parties. It should be remembered that a signature is a mark that verifies the parties’ identities and reflects their will. Avoiding erasures and scratches, and initialing any changes are measures that will increase reliability.

Nowadays, electronically signed contracts are becoming more common. However, without using a secure electronic signature, proving authenticity may be difficult.

b. Importance of Contract Witnesses

Having witnesses in a lease agreement, while not a legal requirement, is an important security mechanism. Witnesses can verify that the contract was signed and its contents were accepted by the parties. This provides protection against future claims such as “the signature is not mine” or “the contract content has been altered.”

When selecting witnesses, it’s important that they are impartial and of legal age. Witnesses’ identification information (name-surname, Turkish ID number) should be stated in the contract and their signatures obtained. Ideally, witnesses should be:

• Persons with no familial relationship to the parties
• Trustworthy individuals who know both tenant and landlord
• Persons who can testify in court if necessary
• Persons present at the location where the contract is made

c. Preparation of Inventory List

Preparing a detailed list of items in the rented property is critically important for preventing future disputes. The inventory list should include distinguishing features such as brand, model, serial number of items and their current condition (damaged, scratched, new, etc.).

When preparing the list, all fixed fixtures (kitchen cabinets, built-in products, air conditioners, etc.) and if present, furniture (sofa, bed, table, etc.) should be written in detail. Taking dated photographs showing the condition of items and including these photographs as an attachment to the contract will be beneficial.

The inventory list should be prepared as an attachment to the contract and each page should be signed by the parties. How the property should be returned at the end of the lease period should also be specified in this list.

d. Determining the Rent Increase Rate

The increase rate in lease agreements is regulated according to Article 344 of the Turkish Code of Obligations. Accordingly, rent increases cannot exceed the Consumer Price Index (CPI) rate announced by the Turkish Statistical Institute (TUIK). This legal limitation applies even if parties agree to set a higher rate.

The contract should clearly state when the rent increase will be made (usually annually) and which index will be used for calculation. The following statement can be used regarding how the increase rate will be calculated:

“The rent amount will be increased annually, not exceeding the annual CPI change rate announced by TUIK for the month corresponding to the lease start date.”

e. Correct Determination of Contract Duration

The duration of the lease agreement should be determined according to the needs and plans of the parties. In fixed-term contracts, the start and end dates should be clearly written. According to the Turkish Code of Obligations, unless one party gives notice of termination, the contract is deemed extended for one year.

The points to consider when determining the contract duration are:

1. How long the tenant plans to stay in the property in the foreseeable future
2. Whether the landlord has plans to sell or use the property themselves
3. Costs associated with renewing short-term contracts
4. Importance of rent increase mechanism in long-term contracts
5. Clarification of notice periods in case of contract termination

A correctly determined contract duration provides predictability for both parties and prevents unnecessary disputes.

Termination and Cancellation Conditions of Lease Agreement

a. Termination of Fixed-Term Lease Agreements

Fixed-term lease agreements do not automatically end with the expiration of the term. According to Article 347 of the Turkish Code of Obligations, if the landlord or tenant does not give notice at least 15 days before the end of the term, the contract is deemed extended for one year under the same conditions. This automatic extension mechanism aims to protect the tenant.

In fixed-term residential and roofed workplace lease agreements, the landlord can only terminate the contract at the end of the lease period if there are reasons specified in the first paragraph of Article 347 of the Turkish Code of Obligations. These reasons include the need for use by the landlord or close family members, substantial repair or reconstruction.

The tenant, however, can terminate the fixed-term contract by giving notice before the end of the term without showing any reason.

b. Termination of Indefinite-Term Lease Agreements

Indefinite-term lease agreements end with the termination notice given by the parties.

The tenant can terminate an indefinite-term lease agreement at any time by complying with the 3-month notice period without having to show any reason. It is important that the termination notice is made in written form and that its delivery to the other party can be proven.

The landlord, however, can terminate indefinite-term residential and roofed workplace lease agreements only if reasons listed in the first paragraph of Article 347 of the Turkish Code of Obligations exist and by giving 3 months’ notice to the tenant.

For a termination notice to be valid, it must:

• Be made in writing
• Comply with the periods specified by law
• Clearly state the termination date in the notice
• For residential and roofed workplace leases, clearly state the landlord’s reason for termination

c. Eviction Commitment

An eviction commitment is a written document where the tenant commits to vacate the rented property on a specific date. According to Article 352 of the Turkish Code of Obligations, if the tenant fails to vacate despite having made a written commitment to the landlord after receiving the property, the landlord can terminate the lease agreement by applying for enforcement or filing a lawsuit within one month from this date.

For an eviction commitment to be valid, the following conditions are required:

1. It must be given after the rented property is delivered to the tenant
2. It must be in written form
3. The eviction date must be clearly stated
4. It must be signed by the tenant

An important point: Eviction commitments obtained simultaneously with or before the lease agreement are invalid. The commitment only gains legal validity if it is prepared after the actual delivery of the rented property.

d. Termination Due to Tenant Default

The tenant’s default in paying rent is an important reason for terminating the lease agreement. According to Article 315 of the Turkish Code of Obligations, if the tenant fails to fulfill their obligation to pay the due rent or ancillary expenses after receiving the property, the landlord can give the tenant a written notice period and inform them that they will terminate the agreement if payment is not made within this period.

For residential and roofed workplace leases, the landlord must give at least a 30-day notice period. For other lease agreements, this period is at least 10 days. If the tenant pays their debt within the given period, the agreement continues.

Additionally, if the tenant defaults on rent payments multiple times within a year, the landlord can terminate the agreement. In this case:

• Must have defaulted at least twice for residential and roofed workplace leases, once for other leases
• The landlord must have given written notice for each default
• Termination notice must be made within 30 days from the last default date

e. Required Actions During Property Evacuation

There are many points to consider during the evacuation of the property upon termination of the lease agreement. The evacuation process should be conducted carefully to avoid new disputes between parties.

Actions required during evacuation are:

1. Ensuring the property is delivered in the condition specified in the agreement
2. Checking inventory list items and identifying missing/damaged items
3. Reading water, electricity, natural gas meters and transferring/closing subscriptions
4. Verifying that the tenant has completely removed their personal belongings
5. Evaluating deposit return conditions and determining any deductions

Preparing a report during evacuation will be helpful in preventing future disputes. This report should include the current condition of the property, deficiencies, damages, and mutual statements of the parties.

Security Mechanisms in Lease Agreements

a. Surety Conditions

Surety in lease agreements is an important legal mechanism that provides security in case the tenant fails to fulfill their obligations. According to Article 583 of the Turkish Code of Obligations, a surety agreement must be made in writing, and the maximum amount for which the surety will be responsible and the surety date must be written in the surety’s own handwriting.

Among surety types, the most common is joint surety. In this case, the surety is equally responsible with the tenant, and the creditor landlord can directly approach the surety. The surety must indicate their intention to be a “joint surety” in their own handwriting.

The validity period of surety is ten years for residential and roofed workplace leases. The surety’s responsibility ends after this period. However, the surety period can be renewed and extended. If the surety is married, their spouse’s consent must also be obtained. The spouse’s consent must be given before or at the latest at the time of establishing the surety agreement.

b. Rent Insurance

Rent insurance is a security mechanism that provides financial protection to the landlord against risks of the tenant not paying rent or damaging the property.

Although this type of insurance is not yet common in Turkey, it is frequently used in developed countries.

Rent insurance typically covers the following risks:

• Unpaid rent amounts
• Material damages caused by the tenant
• Legal expenses during eviction process
• Loss of income during the property’s re-rental process

The premium amount of the insurance policy is determined based on factors such as the value of the rented property, tenant’s credit score, and rent amount. The landlord pays premiums to the insurance company at specific intervals and receives compensation when the risk materializes.

Since rent insurance practice is in the development stage in Turkey, it is important to get current information from insurance companies when making a contract. This security mechanism, which is expected to become more widespread in the future, can be a valuable tool especially for people who professionally rent out real estate.

c. Advantages of Notarized Lease Agreement

Although having the lease agreement notarized is not mandatory, it provides significant advantages to parties. Notarized agreements serve as definitive evidence against signature denial. This prevents objections like “this signature is not mine.”

The advantages provided by notarized agreements are:

• Official verification of signature authenticity
• Definitive determination of contract date
• Prevention of contract content modification
• Creation of an enforceable document for execution proceedings
• Providing ease of proof in eviction cases

Notary approval does not guarantee the legal compliance of the contract’s content; it only confirms that the signatures belong to the parties and certifies the document’s preparation date. Therefore, proper legal arrangement of the contract content is separately important.

d. Title Deed Annotation

Having the lease agreement annotated in the land registry provides important security for the tenant. According to Article 1009 of the Turkish Civil Code and Article 312 of the Turkish Code of Obligations, real estate lease agreements can be annotated in the land registry. This annotation ensures that new owners must comply with the lease agreement if the rented property changes hands.

For title deed annotation to be made:

1. Landlord’s consent or court decision is required
2. Must be a fixed-term lease agreement
3. Annotation period can be maximum 10 years
4. Application must be made to the Land Registry Office

Title deed annotation is particularly important in long-term lease agreements and commercial leases. Through this method, the tenant can guarantee protection of their investments in case the property is sold. The annotation provides legal protection similar to a real effect that allows the tenant to assert their rights arising from the lease agreement against third parties.

e. Electronic Lease Agreement System

Electronic lease agreements are becoming increasingly common with technological advancement. This system allows parties to make contracts through secure digital platforms without meeting physically. Under the electronic signature law, documents signed with secure electronic signatures have the same legal consequences as handwritten signatures.

Advantages of the electronic lease agreement system:

• Acceleration of contract processes
• Convenience when parties are in different locations
• Secure storage of contracts in digital environment
• Recording of change history
• Automatic reminder and notification systems

The Digital Lease Agreement application developed by the Revenue Administration in Turkey enables preparation, signing, and storage of lease agreements in electronic environment. This system also facilitates tracking of tax obligations such as rental income declaration.

When making contracts in the electronic system, attention should be paid to the reliability of the platform used, protection of personal data, and validity of e-signatures. It is also an important factor that all parties to the contract have digital literacy.

 

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