Tenants: rent increases, deposits and termination
For residential and covered commercial leases, the increase applied at renewal may not exceed the twelve-month average change in the consumer price index for the previous rental year. After five years of tenancy, a court may set a new rent by reference to comparable properties and equity.
A deposit may not exceed three months' rent. A cash deposit is placed in a time-deposit account that cannot be withdrawn without the landlord's consent. If the landlord does not inform the bank within three months of the lease ending that proceedings have been started, the bank must release the deposit to the tenant.
Under a fixed-term lease, a tenant who does not give notice at least fifteen days before the end date is bound for a further year on the same terms. A handover report with photographs, signed when the keys are returned, limits later disputes over damage.
Landlords: grounds and timelines for eviction
Expiry of a residential lease is not in itself a ground for eviction. The recognised grounds include unpaid rent following written notice, two justified warnings within one rental year, genuine need for the property, and the end of ten years of automatic renewals. Each ground carries its own filing window, frequently one month.
A purchaser of a tenanted property must notify the tenant in writing within one month of acquisition and may bring an action based on need after six months. Since September 2023, most tenancy disputes must be referred to a mediator (arabulucu) before a lawsuit is filed.
Notices that trigger these periods should be served through a notary (noter), with proof of delivery retained. Where a party lives abroad, serving both the contractual address and the property address reduces disputes over service.
Holiday lets in apartment buildings
Letting a residence to guests for up to one hundred days requires a permit from the Ministry of Culture and Tourism. In a building under condominium ownership (kat mülkiyeti), the application must be supported by a unanimous decision of all flat owners.
Before purchasing a flat with this plan, the building's management plan and the position of the other owners should therefore be reviewed.
Title transfers and shared ownership
A sale transfers ownership only through an official deed executed at the land registry (tapu müdürlüğü). A privately signed sale agreement does not transfer title, whereas a promise to sell executed before a notary entitles the buyer to request registration.
Where a co-owner sells a share to a third party, the other co-owners may acquire it on the same terms by exercising a pre-emption right (önalım) within three months of notification and in any event within two years of the sale. Co-owners who cannot agree may apply for termination of co-ownership, which usually results in a public sale.
Property held by owners resident abroad
Owners who spend part of the year outside Türkiye often manage lettings, service charges and tax matters through a representative.
A power of attorney drafted in broad terms may permit sales or mortgages that the owner did not intend. Limiting its scope to the transactions required and stating an end date is advisable. Meetings are held by appointment at the office in Konyaaltı.