Eviction From Rented Premises With Fixtures: Who Should Take Delivery of the Items, and How?

For properties rented for commercial purposes together with fixtures (inventory) — hotels, restaurants, shops — the eviction process is far more complicated than vacating an empty residence. When the contract contains no clear list of fixtures, the question "who owns this item, and who may take it away" can turn into serious legal disputes. In this article, we examine the tenant's obligations, the burden of proof and the Yargıtay's (Court of Cassation's) approach to the eviction of properties rented with fixtures.

Why This Matters

Especially in places handed over "furnished" — a hotel, an operating business or an active shop — missing or damaged fixtures discovered at the moment of eviction can lead to protracted financial disputes between landlord and tenant. The absence of a detailed fixtures list in the contract only deepens this uncertainty. Not knowing which item belongs to whom, and what evidence can prove it, can cause even the party in the right to lose their case.

Summary of the Situation

A property (for example, an operating hotel) has been rented out together with the fixtures inside it (furniture, appliances, installations, etc.). Although the contract contains a statement that the property was handed over "with fixtures" or "furnished," there is no detailed list itemizing the goods. When the tenant's eviction comes onto the agenda, the landlord demands that these items be left in the property; but because of the missing list, it is disputed which items actually belong to the landlord.

The Legal Issue

Under Articles 316/1 and 334 of the Turkish Code of Obligations, the tenant is obliged to use the leased property with care and to return it to the landlord at the end of the contract in the condition in which it was received. If a property has been rented out with fixtures, the tenant must return the property leaving those fixtures in place; the tenant may not dismantle and remove them.

The real dispute, however, arises when there is no fixtures list: in that case, whose responsibility is it to prove whether the items in the property belong to the landlord or to the tenant?

What Does the Yargıtay Say?

Fixtures Must Be Returned As Received

In its decision 6th Civil Chamber of the Yargıtay, E. 2013/14123, K. 2013/16211, dated 2013, the court stated that where a hotel is rented out with fixtures, the tenant is not required to draw up an inventory — on the contrary, the tenant must return those items to the landlord by leaving them in the property. In its decision 8th Civil Chamber of the Yargıtay, E. 2019/5500, K. 2019/9473, dated 2019, the court likewise emphasized that where the contract contains a clause providing that "the tenant shall leave the existing items complete and intact, taking nothing," the tenant is obliged to return the fixtures and movable items as they were.

The decision 6th Civil Chamber of the Yargıtay, E. 2014/14148, K. 2015/9549, dated 2015 establishes an important consequence: where the fixtures are not returned complete and undamaged, the tenant cannot demand the refund of the security deposit.

If There Is No List, the Burden of Proof Lies With the Landlord

According to the decision 6th Civil Chamber of the Yargıtay, E. 2012/18972, K. 2013/11220, dated 2013, if the rental contract contains no fixtures list, the obligation to prove the existence of the fixtures in the property and their ownership rests with the landlord (lessor). However, certain wording in the contract text (such as "rented as an operating hotel" or "the tenant shall not touch the fixtures") may create a strong presumption.

Evidence That Can Be Used

Where the list is missing, the following evidence comes into play to prove ownership:

• Commercial customs: In hotel rentals, the relevant chambers or the tax office may be asked about regional customs to establish who typically supplies the fixtures (8th Civil Chamber of the Yargıtay, E. 2013/24042, K. 2014/1396, dated 2014).
• Invoices and commercial books: Invoices relating to the fixtures, installation documents and the fact that these items are recorded in the landlord's commercial books serve as the basis for proving ownership (8th Civil Chamber of the Yargıtay, E. 2018/14723, K. 2020/3694, dated 2020).
• Expert examination and on-site inspection: Reports may be obtained from expert witnesses (financial advisors, technical experts, etc.), taking into account the wear on the items, invoice dates and the ordinary course of life (8th Civil Chamber of the Yargıtay, E. 2014/23862, K. 2016/15831, dated 2016).
• Witness statements: Witness testimony may be relied upon regarding the delivery and condition of the fixtures (8th Civil Chamber of the Yargıtay, E. 2014/23852, K. 2016/15832, dated 2016).

Furthermore, as stated in the decision 3rd Civil Chamber of the Yargıtay, E. 2024/162, K. 2024/4092, dated 2024, during the enforcement of an eviction, the principle is that items appearing on the fixtures list are left in the property, while items not on the list are handed over to the tenant.

Points to Watch

• Draw up a detailed list when concluding the contract: Preparing a fixtures list as an annex to the contract, specifying brand, model and condition, prevents future disputes.
• Draw up a handover report: A handover-and-acceptance report signed by the parties should be prepared on the date the property is delivered — both at move-in and at move-out.
• Keep invoices and payment records: Documents showing who purchased the fixtures and when are decisive in the proof process.
• Do not hesitate to have evidence judicially recorded: If there is no list, obtaining a judicial determination of evidence (delil tespiti) through the court before or after the eviction creates a strong basis for any future lawsuit.

Conclusion: What Should You Do?

If you are entering an eviction process involving a property rented with fixtures, knowing where the burden of proof lies gives you a major advantage.

• If your contract contains no fixtures list, gather the invoices, payment records and commercial book entries that can prove ownership of the items in the property.
• Before the eviction, be sure to draw up a handover report or have evidence judicially recorded through the court.
• If you are the tenant, remember that you are obliged to return the fixtures in the condition you received them; otherwise, the refund of your deposit may be at risk.
• If the dispute is substantial, plan a lawsuit supported by expert examination and witness evidence together with a rental/real estate law attorney.