Turkish Rental Law Guide: Rights of Tenants and Landlords (2026)
From the rent increase cap to the security deposit, from eviction grounds to the rent determination action; all the rules of rental law for both tenants and landlords in a single comprehensive guide.
Although the lease is the most common type of contract in Turkey, both tenants and landlords are often unaware of its basic rules. This guide summarises the rights of both sides in a balanced way.
Rent Increase Rules
- In residential leases, the annual increase is capped at the twelve-month average of the CPI (TÜFE).
- Even if the contract contains no increase clause, the landlord may request an increase not exceeding the CPI average.
- A higher increase cannot be agreed; even if it is, it will be reduced to the CPI cap.
Rent Determination Action
Once the contract has completed 5 years, either party may ask the court to set the rent anew according to the market rate. If a notice is served at least 30 days before the start of the new lease period, or the action is filed within that time, the newly determined rent applies from the new period onwards.
Fundamental Rights of the Tenant
- Security against eviction: The tenant cannot be evicted except on statutory grounds; the expiry of the lease term alone is not a ground for eviction.
- Transparency of ancillary costs: Only usage-related expenses (the operating portion of the building service charge) may be passed on to the tenant; fixture and capital investment expenses belong to the landlord.
- Rights in a defective dwelling: For defects that impede use, the tenant may demand repair, claim a rent reduction and, in the case of serious defects, terminate the contract.
- Deposit protection: The deposit is capped at 3 months' rent; it must be returned if there is no damage or debt.
- Proportionality in early termination: If the tenant leaves early, they are liable for the rent only for the reasonable period needed to re-let the property on similar terms — not until the end of the contract.
Fundamental Rights of the Landlord
- Timely payment of the rent: In case of default, termination and eviction are possible via a notice granting a 30-day payment period; in addition, two justified notices within the same lease year entitle the landlord to file an eviction action.
- Grounds for eviction: Personal need, reconstruction, a written eviction undertaking, two justified notices and the 10+1 rule (see our article on tenant eviction for details).
- Careful use: Damaging the leased property and disturbing the neighbours may constitute grounds for termination for breach of contract.
- Rent determination and adaptation: Market-rate determination after 5 years; in the event of extraordinary economic changes, an adaptation action may be filed.
Comparison: Whose Responsibility Is It?
| Item | Tenant | Landlord |
|---|---|---|
| Painting and decorating (ordinary use) | As a rule no | Yes |
| Minor repairs such as a tap washer | Yes | No |
| Boiler/plumbing breakdown | No | Yes |
| Service charge (operating costs) | Yes | No |
| Service charge (fixtures/investment) | No | Yes |
| Compulsory earthquake (DASK) and home insurance | No | Yes |
| Property tax | No | Yes |
If a Dispute Arises: The Path to Follow
- Written communication: Demands should be delivered by notarial notice where possible, or at the very least through a written channel.
- Mandatory mediation: For the vast majority of rental disputes it is a precondition for filing suit and is completed in 3-6 weeks on average.
- Lawsuit: Eviction, rent determination, receivable and compensation actions are heard by the civil court of peace (sulh hukuk mahkemesi).
Checklist Before Signing a Contract
- Are the rent, the increase clause (within the CPI cap) and the payment day set out in writing?
- Are the deposit amount and the conditions for its return regulated?
- Have a handover report and an inventory of fixtures been attached? (a photographic record is recommended)
- If an eviction undertaking is requested, are its date and terms lawful?
- If there is a guarantor, are the duration of the suretyship and the maximum amount written in the guarantor's own handwriting?
Summary
Rent increases are capped at the CPI average; once 5 years have passed, a market-rate determination may be requested. The tenant cannot be evicted except on statutory grounds, while the landlord holds strong eviction tools such as default, personal need and a written undertaking. In a dispute, the path is: notice → mediation → civil court of peace.
References
- Turkish Code of Obligations (TBK) No. 6098, Articles 299-356 — Lease agreements
- Case law from the era of repealed Law No. 6570 and the TBK transitional provisions
- Enforcement and Bankruptcy Law No. 2004, Articles 269-276 — Enforcement proceedings for rent receivables and eviction
Frequently Asked Questions
This article has been prepared for general information purposes only and does not constitute legal advice. Legislation and case law may change; always consult a lawyer about your specific case.