What Are Landlord Rights Under Turkish Rental Law?

Rental relationships in Turkey are governed primarily by the Turkish Code of Obligations (Türk Borçlar Kanunu, Law No. 6098), which establishes a comprehensive framework of rights and responsibilities for both parties to a lease agreement. While Turkish rental law is widely recognized for its strong tenant protections, it equally provides landlords with a solid set of legally enforceable rights designed to safeguard their property and financial interests. Understanding these rights is essential for any property owner entering into a rental arrangement in Turkey.

The Right to Collect Rent on Time

The most fundamental right of a landlord under Turkish rental law is the right to receive rent payments in full and on time. When a tenant falls into arrears, the landlord is not left without recourse. Turkish law provides for a formal default process under Article 315 of the Turkish Code of Obligations, which entitles the landlord to send written notice demanding payment within a specified period. If the tenant fails to comply, the landlord may initiate enforcement proceedings through the courts or execution offices, simultaneously claiming both the outstanding rent and the eviction of the tenant.

Beyond a single default, Turkish law also grants the landlord the right to seek eviction through what is known as the “two justified notices” mechanism. If a tenant causes the landlord to issue two valid written warnings for non-payment within a single lease year, the landlord acquires the right to bring an eviction action upon the expiry of that lease period. This mechanism gives landlords a structured and legally recognized pathway to address chronically late-paying tenants.

The Right to Annual Rent Increases

Turkish landlords have the right to increase the rent at each renewal of the lease agreement. Since 1 July 2024, the temporary statutory cap that previously applied to residential rents has been lifted, and rent increases are once again governed by the standard rule under Article 344 of the Turkish Code of Obligations. Under this provision, any agreed increase in rent may not exceed the twelve-month average change in the Consumer Price Index (TÜFE) published by the Turkish Statistical Institute (TÜİK). This ceiling applies to residential leases; commercial lease increases may be freely negotiated between the parties within the bounds of contractual freedom, subject to the same TÜFE ceiling as a statutory upper limit.

For lease agreements that have been in force for more than five years, the landlord gains an additional and significant right: the right to bring a rent determination action (kira tespit davası) before the civil court of peace. In such proceedings, the court is not bound by the TÜFE ceiling and may instead assess the fair market rent by reference to comparable properties in the area, as evaluated by an expert witness. This right reflects the legislature’s recognition that prolonged lease relationships can cause rents to fall substantially below prevailing market rates.

The Right to Evict the Tenant

Turkish rental law restricts the grounds on which a landlord may seek to evict a tenant, but it does provide clearly defined and enforceable eviction rights in specific circumstances.

One of the most commonly exercised is eviction on grounds of personal need (ihtiyaç nedeniyle tahliye), regulated under Article 350 of the Turkish Code of Obligations. Where the landlord, their spouse, lineal ascendants or descendants, or other persons the landlord is legally obligated to support genuinely require the property for residential or commercial use, the landlord may bring an eviction action. The need must be real and sincere; Turkish courts scrutinize such claims carefully, and Yargıtay (the Court of Cassation) has held that the necessity must be demonstrated with concrete evidence rather than asserted in general terms.

A landlord may also seek eviction where the property requires substantial reconstruction or essential renovation that cannot be carried out while the tenant remains in occupation. This right, also set out in Article 350, entitles the landlord to reclaim the property for the duration of the works, subject to strict procedural conditions.

Additionally, Turkish rental law gives the landlord the right to terminate the lease after ten years without stating any reason, provided that written notice is given at least three months before the end of the relevant lease period. This right, established under Article 347, offers landlords a long-stop mechanism to regain possession of their property after an extended tenancy without needing to prove any specific ground for termination.

The Right to Make Renovations and Alterations

Under Article 320 of the Turkish Code of Obligations, a landlord retains the right to carry out improvements, renovations, and other alterations to the leased property during the term of the lease, provided that these works do not require the termination of the lease agreement and are of a nature that the tenant can reasonably be expected to tolerate. When exercising this right, the landlord is required to take due account of the tenant’s interests, and the tenant’s rights to a reduction in rent and compensation for any resulting loss are preserved. This provision gives landlords a meaningful degree of operational control over their property even while it is tenanted.

The Right of Lien Over the Tenant’s Movables

One of the more distinctive features of Turkish rental law is the landlord’s statutory lien (hapis hakkı) over the movable property located on the leased premises. Article 336 of the Turkish Code of Obligations provides as follows:

“In immovable property leases, the landlord holds a right of lien over the movables located on the leased premises that serve to furnish or use the property, as security for up to one year of accrued rent and six months of rent currently accruing.”

This right functions as a form of statutory pledge, allowing the landlord to retain the tenant’s furnishings, appliances, and other qualifying movables as security for unpaid rent. The lien does not extend to items that are exempt from enforcement under Turkish law. Where the tenant attempts to move out or remove their belongings, Article 338 of the same code empowers the landlord to apply to the civil court of peace or the enforcement office for an order detaining a sufficient quantity of the tenant’s movables to secure the outstanding debt. If the items in question are removed secretly or by force, they may be returned to the premises with the assistance of law enforcement within ten days.

The Right to Claim Compensation for Damage

When a tenant vacates the property, the landlord has the right to inspect the premises and claim compensation for any damage caused beyond normal wear and tear. A tenant is required to return the leased property in the condition in which it was received, accounting only for deterioration attributable to ordinary use. Where the tenant has caused damage to the structure, fixtures, or fittings of the property through negligence or misuse, the landlord may pursue a damages claim through the courts. This right may be exercised independently of any security deposit that was collected at the outset of the tenancy.

The Right to Terminate for Breach of Contract

Where a tenant materially breaches the terms of the lease agreement — whether by using the property for purposes other than those agreed, causing disturbance to neighbors, making unauthorized structural alterations, or subletting without the landlord’s written consent — the landlord acquires the right to seek termination of the lease on grounds of contractual breach. Turkish courts assess such breaches on a case-by-case basis, and landlords are generally expected to issue a formal written warning before pursuing legal action. The requirement for written consent to subletting is expressly established under Turkish rental law, and any subtenancy entered into without such consent gives the landlord grounds to seek termination.

Competent Courts and Dispute Resolution

In Turkey, disputes arising from lease agreements fall within the jurisdiction of the civil courts of peace (Sulh Hukuk Mahkemesi). Since the introduction of mandatory mediation requirements in civil matters, landlords are in many cases required to attempt mediation before filing a court action. The competent court is generally that of the tenant’s place of residence or the place of performance of the lease agreement.

 

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