Did Your Tenant Return the Property Damaged? The Notice Deadline Landlords Must Not Miss

For a landlord, a tenant vacating the property is usually a moment of relief. However, the truly critical process begins right after the keys are handed over. If you do not notify the tenant of the damage you observe in the property promptly and in writing, you may completely lose your right to compensation. In this article, we examine the notice obligation under Article 335 of the Turkish Code of Obligations (TCO), the Court of Cassation's interpretation of "reasonable time," and the critical time frames to watch for.

Why This Matters

Many landlords notice the damage weeks, or even months, after the tenant vacates the property, and only then file a lawsuit. However, the law imposes quite a strict rule on this point: the landlord is required to notify the defective handover "immediately." A landlord who misses this deadline may lose their case even if they have a justified claim for compensation. For this reason, knowing what "immediately" means in practice is vital to avoiding a loss of rights.

Summary of the Situation

A tenant vacates the property upon the expiration of the lease and hands over the keys. Some time later, the landlord discovers serious damage to the property (for example, damage to walls, flooring, or plumbing/fixtures). However, the time that passes before this damage is reported to the tenant can range from a few days to several months. The landlord wonders whether this delay will affect their right to compensation.

The Legal Issue

Under TCO Article 335, when the leased property is returned, the landlord is obligated to inspect its condition and to notify the tenant, "immediately" and "in writing," of the defects and deficiencies for which the tenant is responsible. If this notice is not given, the tenant is deemed released from all liability.

The exception concerns hidden defects that cannot be identified through an ordinary inspection at the time of handover. In this case, the landlord's liability continues; however, the landlord must again give written notice "immediately" as soon as these defects are identified.

The question most debated in practice is this: how many days or weeks, in concrete terms, does the statutory term "immediately" cover?

What Does the Court of Cassation Say?

The General Limit: Approximately Two Months

According to the settled case law of the Court of Cassation, 3rd Civil Chamber, notices given within up to two months of the return of the leased property may be accepted as within a reasonable time (Court of Cassation, 3rd Civil Chamber, E. 2025/1237, K. 2025/4592, T. 2025). However, this upper limit is assessed according to the specific circumstances of the case (the size of the property, the number of independent units, etc.).

Examples Accepted as Timely

• A notice sent approximately 24 days after the property was received back was accepted as timely (Court of Cassation, 3rd Civil Chamber, E. 2019/4694, K. 2020/490, T. 2020).
• In a large-scale property consisting of 133 independent units, service of an expert report approximately 1.5 to 2 months after handover was assessed as falling within a "reasonable time" (Court of Cassation, 3rd Civil Chamber, E. 2024/4267, K. 2025/2829, T. 2025). This shows that the size of the property can somewhat extend the reasonable time.
• A notice given 4 days after handover, and electronic correspondence sent 9 days afterward, were also accepted as being within a reasonable time (Court of Cassation, 3rd Civil Chamber, E. 2017/7399, K. 2019/3348, T. 2019).

Notices Deemed Untimely (Late)

• A damage assessment and notice made approximately 2 months after handover was found to violate the "immediate" notice obligation, and it was held that the tenant was released from liability (Court of Cassation, 3rd Civil Chamber, E. 2017/9846, K. 2018/8629, T. 2018).
• An assessment report obtained and an enforcement proceeding initiated 3.5 months after handover were not considered to be within a reasonable time (Court of Cassation, 6th Civil Chamber, E. 2015/11069, K. 2016/7827, T. 2016).
• Notices given 6 months (Court of Cassation, 3rd Civil Chamber, E. 2017/8980, K. 2019/5695, T. 2019) or 2 years (Court of Cassation, 3rd Civil Chamber, E. 2017/1647, K. 2017/4216, T. 2017) after eviction were deemed invalid, as the statutory period had been considerably exceeded.

An Expert Report Can Also Serve as Notice

Service of an expert report prepared after a court-ordered evidentiary examination can substitute for written notice; however, the time taken to serve this report must also be reasonable. If service of the report takes months, the notice obligation may be deemed not to have been fulfilled (Court of Cassation, 3rd Civil Chamber, E. 2024/822, K. 2025/281, T. 2025).

Points to Watch

• Interpret "immediately" narrowly: In Court of Cassation practice, this term generally refers to a period of a few days up to at most a few weeks; although two months is accepted as an upper limit in practice, relying on it is risky.
• Notice must be in writing: Verbal warnings, even a verbal understanding reached while touring the property together, do not produce legal effect. A notary notice is the safest method in terms of ease of proof.
• Do not forget the distinction between apparent and hidden defects: For damage visible at the time of handover, the time limit is even shorter; for hidden (later-discovered) defects, the period begins to run from the moment the defect is discovered.
• An evidentiary examination is a safeguard: Having an evidentiary examination carried out at the time of handover, through an expert (architect, engineer) or the civil court of peace, is an effective method both for documenting the damage and for securing the notice process.

Conclusion: What Should You Do?

If you want to claim compensation for damage caused by your tenant, remember that you are racing against time.

• Conduct a detailed inspection on the day you receive the property back, or at the latest within the following few business days.
• Document the damage you identify, if possible with photographs and expert support.
• Be sure to send your notice in writing (preferably via a notary notice) and without delay to the tenant.
• Although the time limit may stretch somewhat for large or multi-unit properties, take care not to exceed a "few weeks" limit.
• Since the legal consequences of this process are serious, getting support from a rental law attorney during the damage assessment and notice stage is the safest way to prevent a loss of rights.