Gavin Howe
The legal landscape surrounding rental agreements in Turkey is complex, and disputes between landlords and tenants are common. Rental agreements are primarily governed by the Turkish Code of Obligations (TBK), which establishes the rights and obligations of both parties. Lease contracts in Turkey must include the personal identification information of both parties, the lease term, the financial value to be collected, and the payment mechanism. Termination of rental contracts in Turkey can occur under various circumstances, including non-payment of rent, violations of contractual obligations, and the end of the lease period. If the tenant does not pay within 30 days, the landlord can initiate eviction proceedings. Additionally, if the tenant violates the terms of the rental agreement, such as by causing disturbances to neighbours, the landlord can provide a warning, and if the issue persists, terminate the contract. Automatic lease renewal is common in Turkey, and parties intending not to renew must notify the other party in advance.
| Characteristics | Values |
|---|---|
| Legal framework | Turkish Code of Obligations (TBK) |
| Rental agreements | Fixed-term or indefinite |
| Residential leases | Houses, apartments, or villas |
| Commercial leases | Offices, shops, or industrial spaces |
| Agricultural leases | N/A |
| Termination by landlord | Non-payment of rent, end of lease period, violation of contractual obligations, disturbance to neighbours, or need for renovation |
| Termination by tenant | Death, bankruptcy, or need for renovation |
| Notice period | Minimum of one month, up to three months for automatic lease renewal |
| Eviction methods | Eviction by notice or eviction by lawsuit |
| Legal support | Available in English |
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What You'll Learn
Non-payment of rent
In Turkey, rental agreements are governed by the Turkish Code of Obligations (TBK or TCO), which establishes the rights and obligations of both tenants and landlords. Under Turkish law, non-payment of rent is one of the most important reasons for eviction and termination of a rental contract. Here are the key points regarding termination of a rental contract due to non-payment of rent in Turkey:
Notice Period and Warning
Before initiating eviction proceedings, the landlord must issue a written notice to the tenant, stating that the rent must be paid within a specified period, typically 30 days. This notice should also indicate that failure to pay within the specified period will result in termination of the contract and eviction proceedings. It is important to note that even a minor shortfall in rent payment can justify eviction under Turkish law.
The landlord can send this notice through a notary public, by letter, telegram, or payment order. Additionally, the landlord must provide two justified warnings for non-payment in different months of the rental year. For example, if a tenant fails to pay rent or is constantly late, the landlord can send two warnings for each month, even if the non-payment months are not consecutive.
Mediation
Before filing a lawsuit, Turkish law mandates mediation for most rental disputes. This step aims to resolve the issue without a formal court hearing. Mediation allows both parties to discuss the matter and try to reach an agreement. If the tenant pays the outstanding rent within the specified period, the eviction proceedings will not be initiated, and the contract will continue.
Eviction Lawsuit
If mediation fails and the tenant still hasn't paid the rent, the landlord can proceed with an eviction lawsuit. The lawsuit must be filed within specific deadlines, typically within one month from the end of the relevant termination period or the end of the contract for fixed-term leases. As of September 1, 2023, the lawsuits are subject to a mandatory mediation process before proceeding to court.
Execution of Eviction
If the tenant is evicted through a court order, the property cannot be rented to anyone other than the former tenant for three years. The eviction process must strictly follow procedural rules to avoid nullification or delays. It is important to note that landlords cannot unilaterally remove tenants without a valid court order, even in cases of non-payment of rent.
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Landlord or their relative needs the property
In Turkey, rental agreements are governed by the Turkish Code of Obligations (TBK). This legal framework establishes the rights and obligations of both tenants and landlords, providing a basis for resolving disputes related to eviction, rent increases, and violations of contractual obligations.
If a landlord or their relative needs the rented property for themselves, they may request the eviction of the tenant. This is regulated in Article 350/1 of the Turkish Code of Obligations. To terminate the lease, the landlord must file a lawsuit within one month of notifying the tenant, complying with the termination period and the notice period stipulated under the general provisions regarding the lease. This applies to both fixed-term and indefinite-term contracts.
It is important to note that the landlord cannot automatically evict the tenant, even if the lease has expired. For residential and roofed workplace leases, the contract is automatically renewed for one-year periods unless the landlord provides written notice at least three months before the end of the lease term. However, after 10 years of automatic renewal, the landlord can terminate the lease by giving three months' notice before the end of each renewal year, without needing to provide a reason.
In addition to the landlord's right to terminate the lease due to their own or their relative's need for the property, there are other grounds for eviction. For example, if the tenant violates their contractual obligations, such as causing a disturbance to neighbours, the landlord may terminate the agreement immediately with written notice. In the case of residential and roofed workplace leases, the landlord must first give the tenant at least thirty days' notice in writing to remedy the breach. If the tenant fails to pay rent within 30 days of receiving a written notice demanding payment, the landlord can initiate eviction proceedings.
Furthermore, if the leased property requires substantial renovation and cannot be inhabited during the works, the landlord may request eviction. This is regulated in Article 350 of the Turkish Code of Obligations. To terminate the lease in this case, the landlord must follow a similar process as outlined for when the landlord or their relative needs the property, including filing a lawsuit within one month of notifying the tenant.
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Property requires renovation
In Turkey, rental agreements are primarily governed by the Turkish Code of Obligations (TBK). This legal framework establishes the rights and obligations of both tenants and landlords, providing the groundwork for resolving disputes related to eviction, rent increases, and violations of contractual obligations.
Rental contracts in Turkey are valid for a year unless stated otherwise. After the year is up, as long as both parties agree to the contract's conditions and the rental increase, the contract is automatically extended for another year.
If the leased property requires renovation, eviction may be requested. Article 350 of the Turkish Code of Obligations states that if it is necessary to repair, expand or change the leased property for reconstruction or renovation, and the use of the property is impossible during these works, the tenant may terminate the lease by filing a lawsuit within one month, starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination.
The eviction procedure for property renovation cannot be used for minor renovations. The renovation must be substantial, and the use of the house should not be possible due to the renovation work.
It is important to note that the tenant must be notified three months before the end of the contract. If the tenant fails to vacate the house despite this notice, the landlord can file an eviction lawsuit within one month from the end of the termination period. If the parties cannot reach an agreement, they may attach a statement of non-agreement to their lawsuit petition.
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Disturbance to neighbours
In Turkey, tenants are obliged to avoid any behaviour that might disturb their neighbours. This is outlined in the Turkish Code of Obligations, which states that tenants must show the "necessary respect" to neighbours and not cause them any disturbance.
If a tenant is causing a disturbance, the landlord must first warn them and request that they change the situation. If the tenant does not take steps to rectify the issue, the landlord may then terminate the lease. It is important to note that the landlord cannot terminate the lease prematurely unless there is a legitimate legal reason, such as the tenant disturbing the neighbours.
The Turkish Civil Code also plays a role in regulating lease agreements and tenant-owner relationships. It includes various articles that explicitly prohibit excessive noise and other disturbances that may negatively impact neighbours. For example, Article 737 states that individuals must refrain from excesses that may adversely affect their neighbours, specifically prohibiting the emission of smoke, mist, soot, dust, odour, noise, or vibration beyond what is tolerable according to local custom.
In the case of excessive noise, which is a common issue, there are legal provisions in place. Disturbing others through excessive noise is considered a misdemeanour in Turkey, and administrative fines may be imposed by the police or municipal officials. These fines are outlined in Article 36 of the Misdemeanour Law No. 5326, which states that an individual causing noise that disturbs the peace and tranquillity of others will be fined 50 Turkish Liras. If the noise is caused by a commercial enterprise, the fine is higher, ranging from 1,000 to 5,000 Turkish Liras.
It is worth noting that tenants who disturb their neighbours are not directly liable to those neighbours. Instead, they are only liable to the landlord, who has the authority to terminate the lease agreement if the issue persists despite warnings.
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End of the lease period
In Turkey, rental agreements are primarily governed by the Turkish Code of Obligations (TBK). This legal framework establishes the rights and obligations of both tenants and landlords, providing the groundwork for resolving disputes related to eviction, rent increases, and violations of contractual obligations.
According to Article 347 of the TBK, the expiration of a lease does not automatically grant the landlord the right to evict the tenant, especially in the case of residential and roofed workplace leases. These contracts are automatically renewed for one-year periods unless the landlord serves a written notice at least three months before the end of the lease term.
After 10 years of automatic renewal, the landlord can terminate the lease by giving three months' notice before the end of each renewal year, without needing to provide a reason.
If one party does not wish to renew the contract, they must notify the other party at least one or two months in advance. At the end of the lease term, the contract is automatically terminated unless both parties express a desire to continue.
The lease contract in Turkey must include all the personal identification information of the two parties, the lease term, the financial value to be paid by the tenant and the method and mechanism of payment, and the exact address of the property.
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Frequently asked questions
The Turkish Code of Obligations (TBK) establishes the rights and obligations of both tenants and landlords, providing the groundwork for resolving disputes related to eviction, rent increases, and violations of contractual obligations.
A landlord can terminate a lease contract in Turkey by providing written notice to the tenant at least three months before the end of the lease term. If the tenant has not paid rent within 30 days, the landlord can also initiate eviction proceedings.
A tenant can terminate a lease contract by providing written notice to the landlord at least one month before the end of the lease term. A tenant can also terminate the contract if the property needs substantial renovation and the tenant has filed a lawsuit within one month of being notified.
Other reasons for termination include the tenant's death, the landlord or their relatives needing the property, and disturbances to neighbours.
