Tenant Rights Under Turkish Rental Law | Atty. Ozan Soylu

Tenant Rights in Turkey

Understanding your rights as a tenant in Turkey is essential for a secure and comfortable rental experience. Whether you’re renting an apartment or a commercial space, Turkish law provides significant protections for tenants through the Turkish Code of Obligations. This guide will help you navigate the rental landscape in Turkey with confidence.

The Foundation: Rental Agreements

Rental agreements in Turkey can be either written or verbal, and both are legally valid. However, written contracts are strongly recommended as they provide clear evidence in case of disputes. The Turkish Code of Obligations protects tenants under both types of agreements, ensuring your rights remain intact regardless of the contract format.

A standard rental agreement typically runs for one year and automatically renews unless either party provides proper notice. This automatic renewal system provides stability for tenants, allowing you to continue living in your rented property without constant renegotiation.

Core Tenant Rights

As a tenant in Turkey, you have several fundamental rights that landlords must respect:

Right to Proper Delivery: Your landlord must deliver the property in a condition suitable for its intended purpose. If you’re renting a residential property, it should be livable. For commercial spaces, it must be suitable for your business activities.

Right to Repairs: If defects exist that prevent normal use of the property, you have the right to request repairs during the rental period. The landlord is responsible for maintaining the property in usable condition. If repairs aren’t made within a reasonable time, you may have the repairs done yourself and deduct the cost from your rent, or you may request a rent reduction through the courts.

Right to Compensation: If the landlord delivers the property late, you have the right to claim compensation for any damages you incur.

Right to Peaceful Possession: During the contract period, you cannot be evicted without a valid legal reason. Simply wanting to increase the rent or finding a new tenant is not sufficient grounds for eviction.

Rent Increases: Know Your Limits

Rent increases are regulated by Turkish law to protect tenants from excessive hikes. Currently, the annual rent increase cannot exceed the change in the Consumer Price Index over the previous twelve months. Even if your contract states a higher percentage, the legal limit always applies.

For residential properties, there was a temporary cap of 25% on rent increases until July 2024. While this specific limit has expired, the Consumer Price Index rule continues to protect tenants from unreasonable increases. If your landlord demands an increase beyond the legal limit, you are not obligated to pay it. You should continue paying rent with the legally permitted increase and keep all payment records as proof.

Deposit Protection

Landlords in Turkey can request a security deposit, but this amount cannot exceed three months’ rent. This deposit must be placed in a bank account and cannot be withdrawn without both parties’ consent or a court decision. When you move out, you have the right to receive your deposit back, minus any legitimate deductions for damage beyond normal wear and tear. Normal aging of the property, such as paint fading, does not justify deposit deductions.

Long-Term Tenancy

There are common misconceptions about what happens after five or ten years of renting. Let’s clarify these important points:

After five years of continuous tenancy, the landlord has the right to file a lawsuit requesting that the rent be adjusted to market rates, potentially exceeding the usual increase limits. However, this does not mean you can be evicted simply because five years have passed.

After ten years, the landlord gains the right to terminate the contract without stating a specific reason, but only under strict conditions. The landlord must provide written notice at least three months before the end of a rental year following the completion of the ten-year period. The timing and format requirements are technical and must be followed precisely.

Protection Against Eviction

One of your most important rights as a tenant is protection against wrongful eviction. You cannot be forced to leave unless the landlord has a legally recognized reason, such as:

• Non-payment of rent after proper warnings
• A genuine and urgent need by the landlord or their immediate family to use the property
• Necessary major renovations that make the property uninhabitable
• A written and dated commitment you made to vacate by a specific date

If your landlord sells the property, your tenancy continues under the same terms with the new owner. The sale of property does not terminate your rental agreement.

Expenses and Utilities

You are responsible for utility costs directly related to your use of the property, such as water, electricity, and natural gas. However, major structural repairs, property taxes, and mandatory earthquake insurance are the landlord’s responsibility. Make sure your contract clearly specifies which expenses you will cover to avoid future disputes.

Final Thoughts

Turkish rental law provides strong protections for tenants, but knowing your rights is crucial to exercising them effectively. Always insist on a written contract, keep detailed records of all payments and communications, and don’t hesitate to seek legal advice when facing difficulties with your landlord.

 

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Legal Support for Foreign Tenants in Turkey

Soylu Law provides specialized legal services for foreign nationals navigating Turkish rental law. Our practice focuses on tenant rights protection, lease dispute resolution, and eviction defense.

We understand the unique challenges foreign residents face in Istanbul’s rental market.

Whether you need lease review, dispute mediation, or court representation, we offer clear communication in English throughout the legal process.

 

For more assistance or consultation on this matter, you can contact us.