Antalya Tenancy & Eviction Lawyer

Many foreigners in Antalya are tenants, and many foreign property owners let their homes. Both sides are often surprised by Turkish tenancy law: a landlord cannot simply end a residential lease because the term has expired, rent increases are capped by law, and most disputes must go to mediation before a court will hear them. Knowing these rules before signing, or before taking any step against the other side, avoids costly mistakes.

Ozturk Law Office advises tenants and landlords on residential and business leases across Antalya from our office in Muratpaşa, in English and Turkish. This page explains the main rules of the Turkish Code of Obligations on leases, with each statement linked to the official text of the law. It is general information; the outcome in a particular case depends on the lease and its history.

Basic Rules for Residential and Business Leases

Landlord’s and Tenant’s Main Obligations

Defects in the Property: Tenants’ Rights

A leaking roof, a broken heating system or damp that prevents use can all be “defects” in tenancy law. If the property is handed over with significant defects, the tenant may rely on the rules on default or on liability for later defects (Code of Obligations art. 304). If the property later becomes defective, the tenant may ask for the defect to be remedied, for a proportionate rent reduction or for compensation; in the case of a significant defect, the right to terminate is preserved (Code of Obligations art. 305).

The tenant may ask for the defect to be remedied within a reasonable time; if it is not, the tenant may have it repaired at the landlord’s expense and deduct the cost from the rent. If the defect makes the property unusable or seriously impairs its use and is not remedied in the time given, the tenant may terminate the lease (Code of Obligations art. 306). A rent reduction may be claimed for the period from when the landlord learned of the defect until it is fixed (Code of Obligations art. 307), so defects should be reported in writing and in a way that can be proven. Simply stopping rent payments can have separate consequences, so the procedure in the law should be followed first.

Rent: Increases, Determination and Adaptation

The End of the Lease and the Ten-Year Rule

In fixed-term residential and roofed business leases, unless the tenant gives notice at least fifteen days before the end of the term, the lease is extended for one year on the same terms. The landlord cannot end the lease on the ground that the term has expired (Code of Obligations art. 347). In indefinite leases, the tenant may give notice at any time under the general rules, and the landlord only after ten years from the start of the lease (Code of Obligations art. 347).

After the ten-year extension period, the landlord may end the lease without giving a reason by giving notice at least three months before the end of each following year (Code of Obligations art. 347). Otherwise the landlord can only seek eviction on the grounds listed in the law, and the rules on termination by court action cannot be changed to the tenant’s disadvantage (Code of Obligations art. 354). Notices of termination in residential and roofed business leases are only valid in writing (Code of Obligations art. 348).

Grounds for Eviction

If the landlord notifies the tenant in writing within the period for filing that they will sue, the period is extended by one rental year (Code of Obligations art. 353). A landlord who evicts for need may not, without just cause, let the property to anyone other than the former tenant for three years; otherwise they must pay compensation of at least one year’s rent at the last rate (Code of Obligations art. 355).

Non-Payment and Other Ways to End the Lease

Unpaid rent can also lead to termination of the lease independently of the eviction grounds above. If the tenant fails to pay rent or service charges due after handover, the landlord may give the tenant a written deadline and state that the lease will be terminated if payment is not made. In residential and roofed business leases the deadline must be at least thirty days, running from the day after the written notice is delivered (Code of Obligations art. 315).

If the tenant breaches the duty of careful use and consideration for neighbours, the landlord must give a written warning with at least thirty days to remedy the breach before terminating; immediate termination in writing is possible where the tenant intentionally causes serious damage or the behaviour becomes unbearable for the landlord or neighbours (Code of Obligations art. 316). Either party may also terminate, observing the statutory notice period, if important reasons make continuing the lease unbearable; the judge decides the financial consequences (Code of Obligations art. 331).

Sale of the Property, Transfer of the Lease and Subletting

The Family Home and the Tenant’s Death

For a property rented as the family home, the tenant may not terminate the lease without the spouse’s express consent; if consent cannot be obtained or is refused without just cause, the tenant may ask the judge to decide. A spouse who is not a tenant can become a party to the lease by notifying the landlord, in which case the landlord must send notices of termination and payment warnings to both spouses separately (Code of Obligations art. 349).

If a tenant dies, the people who lived with them in the home may continue the lease as parties, provided they comply with the lease and the law; the same applies to the deceased tenant’s partners and their heirs carrying on the same trade (Code of Obligations art. 356).

Returning the Property and the Deposit

At the end of the lease the tenant must return the property in the condition in which it was received, but is not responsible for wear and tear from normal use. Agreements in which the tenant undertakes in advance to pay compensation beyond damage caused by improper use are invalid (Code of Obligations art. 334). Photographs or a written record at handover and return make proof much easier later.

On return, the landlord must inspect the property and notify the tenant in writing immediately of defects the tenant is responsible for; otherwise the tenant is released from liability, except for defects that could not be found by an ordinary inspection (Code of Obligations art. 335). A deposit held by a bank is returned with the consent of both parties, or on the basis of final enforcement proceedings or a final court decision. If, within three months after the lease ends, the landlord has not notified the bank in writing that they have sued or started enforcement proceedings, the bank must return the deposit to the tenant on request (Code of Obligations art. 342).

A tenant who leaves early, without observing the term or notice period, remains liable for a reasonable period in which the property could be relet on similar terms; the liability ends if the tenant finds a solvent new tenant willing to take over the lease whom the landlord can reasonably be expected to accept (Code of Obligations art. 325).

Eviction Through Enforcement and Rent Arrears

For unpaid rent, besides suing, the landlord may start summary enforcement proceedings for eviction under the Enforcement and Bankruptcy Law. The payment order warns the tenant that eviction will be sought if the debt is not paid, and the tenant must raise any objections with the enforcement office within the short period set by law (Enforcement Law art. 269). If the tenant does not object and does not pay within the warning period, the enforcement court orders eviction at the landlord’s request (Enforcement Law art. 269/a). The law also provides summary eviction proceedings based on the expiry of the lease term, and the tenant’s objection to them (Enforcement Law art. 272, Enforcement Law art. 274). For tenants, the key point is that the objection periods in these proceedings are very short.

Mandatory Mediation and the Competent Court

Since 1 September 2023, applying to a mediator before filing a case is a condition for disputes arising from a lease. Summary enforcement proceedings for eviction are outside this rule (Mediation Law art. 18/B). Mediation is also an opportunity to settle without going to court, and the scope of any settlement should be drafted carefully.

Cases arising from a lease, including rent claims, are heard by the civil court of peace regardless of the amount (Civil Procedure Code art. 4). We handle tenancy files throughout Antalya from our office in Muratpaşa; landlords and tenants living abroad can work with us through online consultation.

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