Does a Lease Terminate When the Landlord or Tenant Dies?

When one party to a lease relationship passes away, those left behind often face the question, "is the contract no longer valid?" This question raises important rights and obligations for both heirs and tenants. In this article we examine, within the framework of the Turkish Code of Obligations and Court of Cassation (Yargıtay) case law, what happens to a lease when the landlord or the tenant dies, the position of the heirs, and the exceptional situations that require attention.

Why This Matters

Lease relationships often last many years, and it is far from rare for one of the parties to pass away during that time. Questions among heirs such as "who does the lease belong to, who is considered a party, who collects the rent" can lead to both family disputes and unnecessary legal conflict with the tenant. Resolving this uncertainty from the outset is critical to protecting the rights of both the tenant and the heirs.

Summary of the Situation (A Typical Scenario)

The owner of a property is one person (for example, an elderly family member), yet the lease agreement was signed by a relative of the owner (for example, the owner's mother) in the capacity of "landlord." When the person who held the capacity of landlord passes away, the actual owner wants to know whether they become a party to the lease, who will collect the rent, and whether the contract continues.

The Legal Issue

Under the Turkish Code of Obligations (TBK) and settled case law, a lease does does not terminate automatically upon the death of either party (landlord or tenant). As a rule, the lease relationship continues with the heirs. However, two separate scenarios must be carefully distinguished here:

1. Death of the landlord: The capacity of landlord passes to the heirs (under the principle of succession).
2. Death of the tenant: Under TBK Article 356, persons who were living in the same residence as the deceased tenant may continue as a party to the lease, provided they meet the required conditions.

In addition, if the landlord entered into the contract not as the owner of the property but merely as the holder of a usufruct right, the outcome is entirely different.

What Does the Court of Cassation Say?

General Principle: Death Does Not Terminate the Contract

In its decision 6th Civil Chamber, E. 2014/12398, K. 2015/6414, dated 2015, the Court of Cassation (Yargıtay) held that, under both the repealed Code of Obligations No. 818 and the current Turkish Code of Obligations No. 6098 (Art. 333), the death of the tenant does not automatically terminate the lease. In its decision 3rd Civil Chamber, E. 2022/7418, K. 2022/9553, dated 2022, the Court of Cassation likewise ruled that the death of the landlord does not terminate the lease and that the relationship continues.

Death of the Landlord: Passing to the Heirs

As emphasized in the decision of the Ankara Regional Court of Appeal, 15th Civil Chamber, E. 2024/570, K. 2024/1960, dated 2024, the death of the landlord does not terminate the tenancy relationship; under the principle of succession, it continues between the tenant and the landlord's heirs. In its decision 8th Civil Chamber, E. 2018/14597, K. 2019/7326, dated 2019, the Court of Cassation likewise held that upon the death of the registered owner, the heirs automatically acquire the capacity of landlord, and that the existing lease does not terminate absent mutual termination by the parties or a court decision.

Where there are multiple heirs, joint ownership (elbirliği mülkiyeti) arises among them under Article 640 of the Turkish Civil Code. In this case, the rental payments belong to the estate, and actions such as enforcement proceedings or eviction lawsuits must be carried out jointly by all heirs, or a representative must be appointed for the estate (Court of Cassation, 8th Civil Chamber, E. 2017/3917, K. 2017/12984, dated 2017; Court of Cassation, 3rd Civil Chamber, E. 2021/34, K. 2021/4807, dated 2021).

The Owner and the Landlord May Be Different Persons

In its decision Istanbul Regional Court of Appeal, 59th Civil Chamber, E. 2024/582, K. 2024/868, dated 2024, it was emphasized that it is not mandatory for the lessor to be the owner in order for a lease to be validly formed, and that leasing a property belonging to another person is legally valid. In this context, the fact that ownership belongs to a different person does not affect the validity of the contract signed by that person; however, upon that person's death, the capacity of landlord passes to their heirs.

The Usufruct Right Exception

Under the decision Court of Cassation, 3rd Civil Chamber, E. 2022/2469, K. 2022/6233, dated 2022, if the person who signed the contract held the capacity of "landlord" because they held a usufruct right over the property, then upon that person's death both the usufruct right and the associated capacity of landlord also come to an end; the actual owner of the property becomes directly a party to the lease.

Exceptional Situations

One should not assume in every case that the lease relationship automatically continues. In its decision Court of Cassation, 1st Civil Chamber, E. 2010/6658, K. 2010/8194, dated 2010, it was held that upon the death of the decedent, a verbal (oral) lease relationship terminates and the heirs cannot continue that relationship. It has also been held in case law that contracts made without securing the requisite share and majority of co-owners in co-ownership do not bind the other co-owners (Court of Cassation, 1st Civil Chamber, E. 2007/11332, K. 2008/902, dated 2008).

Points to Watch

• A certificate of inheritance is required. In order for the heirs to actually exercise the capacity of landlord (collecting rent, sending notices, filing suit), they must obtain a certificate of inheritance (veraset ilamı).
• If there are multiple heirs, they must act jointly. A single heir filing suit against the tenant alone may create standing (husumet) problems.
• Usufruct rights should not be confused with ownership. Who signed the contract and in what capacity (owner or usufruct-right holder) directly affects the outcome.
• The risk is higher with oral contracts. In lease relationships that are not in writing, the heirs' right to continue the contract may become disputable.

Conclusion: What Should You Do?

The death of one party to a lease relationship does not automatically terminate the contract; however, correctly determining to whom the capacity of party has passed is of great importance.

• Clarify the capacity of the deceased person under the contract (owner, usufruct-right holder, or merely an authorized signatory).
• As heirs, obtain the certificate of inheritance as soon as possible.
• If there are multiple heirs, act jointly in matters related to the lease (collection, notices, lawsuits), or request that a representative be appointed for the estate.
• Check whether the contract is in writing and, if so, what provisions it contains.
• To avoid loss of rights in complex inheritance and lease matters, seek support from a real estate/inheritance law attorney.