Landlord Rights Under Turkish Rental Law
Landlord Rights in Turkey
Understanding landlord rights in Turkey within the rental relationship is important for managing your property effectively. Turkish law provides landlords with various protections and rights when leasing residential properties. This guide explains the key rights that landlords hold under Turkish legislation.
Right to Request Eviction Under Certain Conditions
Turkish law outlines specific circumstances under which landlords can request tenant eviction. These grounds are clearly defined in the Turkish Code of Obligations and must be followed carefully.
One common ground is the ten-year rule. After a tenant has occupied a property for ten years, landlords can request eviction by following proper notice procedures. The calculation of this period differs depending on whether the lease is fixed-term or indefinite.
Landlords may also request eviction when tenants fail to pay rent on time. In such cases, the landlord must send formal notice to the tenant, allowing at least 30 days for payment. If the tenant does not pay within this period, the landlord can initiate eviction proceedings.
Personal need represents another valid eviction ground. When the landlord or their immediate family members need the property for personal use, they can request the tenant to vacate. This includes needs for the landlord’s spouse, children, or other close relatives.
Eviction can also be requested when major renovations are necessary, when the property is sold and the new owner needs it, or when a tenant disturbs neighbors or damages the property beyond normal wear and tear.
Right to Increase Rent
Landlords have the right to increase rent according to regulations set by Turkish law. For leases denominated in Turkish Lira, rent increases are tied to the consumer price index. When renewing a lease, the increase cannot exceed the twelve-month average change in the consumer price index.
Even if parties agree on a specific increase rate in the contract, this rate remains valid only if it does not exceed the legally permitted index-based increase. This protection ensures rent adjustments remain reasonable and predictable.
Right to Collect Deposit
Turkish law allows landlords to request a security deposit from tenants. This deposit cannot exceed three months’ rent. The purpose of the deposit is to cover potential damages to the property beyond normal wear and tear.
At the end of the tenancy, if the property is returned in good condition, the landlord must return the deposit to the tenant. However, if there are damages requiring repair, the landlord can use the deposit to cover these costs.
Right to Expect Proper Care of the Property
Landlords have the right to expect tenants to maintain and care for the property properly. Tenants must use the property according to the terms specified in the lease agreement and with reasonable care.
This includes performing routine maintenance, keeping the property clean, and taking necessary precautions against potential damage such as moisture or theft. Tenants should use the property as if it were their own.
If a tenant fails to meet these obligations, the landlord can send formal notice requesting correction of the situation within at least 30 days. If the issue is not resolved, the landlord may pursue eviction.
Right to Claim Damages for Early Departure
When a tenant leaves before the lease term ends, the landlord has the right to claim damages for lost rent. According to Turkish law, the tenant’s obligations continue for a reasonable period during which the property could be re-rented under similar conditions.
Courts have determined this reasonable period to be approximately three months. During this time, the landlord can claim unpaid rent. However, if the tenant finds an acceptable replacement tenant approved by the landlord, they may be released from this liability.
Right to Sell the Property with a Tenant
Landlords retain the right to sell their property even when a tenant is occupying it. The tenant’s permission is not required for this transaction.
When a property is sold, the lease agreement continues between the new owner and the existing tenant. If the new owner wishes to evict the tenant, they must follow the legal procedures for eviction based on valid grounds.
Right to Show the Property
When a landlord plans to re-rent or sell the property, they have the right to show it to prospective tenants or buyers. The tenant must allow access for these viewings.
However, the landlord must provide advance notice to the tenant and request viewings during reasonable hours. If parties cannot agree on suitable times, they may apply to the court to determine appropriate days and hours.
Right to Claim Compensation for Damage
At the end of a tenancy, landlords have the right to inspect the property and claim compensation if it has been damaged. The landlord must promptly notify the tenant in writing of any damage discovered.
It is important to note that normal wear and tear from regular use does not qualify as damage. Only significant damage that reduces the property’s value or represents substantial alterations can be claimed.
About Soylu Law
Soylu Law provides legal services in rental law matters for both landlords and tenants. Our team works with international clients and offers guidance in English throughout legal processes.
We handle lease agreement preparation, eviction proceedings, rent disputes, and property-related litigation. Our approach focuses on clear communication and practical solutions.
Whether you need assistance with a current tenancy issue or want to understand your rights as a property owner in Turkey, we are here to help.
For more assistance or consultation on this matter, you can contact us.
