1. What types of lease agreements are recognised under Turkish law?

The Turkish Code of Obligations (TCO) classifies lease agreements into three categories:

• Ordinary Lease: General lease agreements not covered under other types.

• Residential and Roofed Workplace Lease: For living spaces and roofed commercial properties.

• Product Lease: For properties generating income through products, such as agricultural lands.

This guide focuses on residential and roofed workplace leases.

 

2. Are written lease agreements mandatory in Turkey?

While not mandatory, written agreements are highly recommended to avoid disputes. Verbal agreements are legally valid but challenging to enforce without supporting evidence. Written contracts provide clarity and enforceability.

 

3. Can lease agreements be registered in Turkey?

Yes, lease agreements can be registered in the land registry, making them enforceable against third parties and providing additional legal protection.

 

4. What happens when a fixed-term lease expires?

If a fixed-term lease expires without notice of termination:

• It converts to an indefinite-term lease.

• For residential and roofed workplace leases, the lease automatically renews for one year unless the tenant provides 15 days’ prior notice of termination.

 

5. Can tenants sublet or transfer their lease agreements?

• Subletting: Tenants may sublet with the landlord’s written consent.

• Lease Transfer: Tenants can transfer their lease with the landlord’s written approval, but remain liable for rent and ancillary costs for up to two years.

 

6. What is the maximum security deposit allowed in Turkey?

The deposit cannot exceed three months’ rent. If paid in cash, it must be deposited in a bank account, accruing interest, and can only be released with mutual consent, a court decision, or execution proceedings.

 

7. How is rent adjusted in Turkey?

• Rent Increases: Limited to the average annual Consumer Price Index (CPI) increase over the past 12 months.

• Long-Term Leases: For leases over five years, courts can adjust rents based on CPI, property condition, and comparable market rents.

 

8. On what grounds can landlords terminate a lease in Turkey?

Landlords can terminate leases only under statutory grounds, such as:

• Personal Use: For their own or their dependants' needs.

• Renovation: If major repairs or reconstruction are required.

• New Owner Requirement: If a new owner needs the property, they must notify the tenant within one month and can terminate the lease after six months.

 

9. How can a landlord terminate an indefinite-term lease?

For indefinite-term leases, landlords can terminate after a 10-year extension period with three months’ notice, provided no other statutory grounds exist.

 

10. What are the tenant’s rights for early termination?

Tenants can terminate leases early due to valid reasons, such as:

• Severe property defects.

• Personal hardship.
  However, tenants may owe compensation for the landlord’s lost rent until the property is re-let.

 

11. What legal recourse is available for landlords in case of non-compliance?

• Eviction Proceedings: Initiated if the tenant refuses to vacate after valid termination.

• Damage Claims: Landlords can claim compensation for unpaid rent or property damage.

 

12. How can CCS Law assist with residential and commercial leases?

CCS Law offers expert legal services, including:

• Drafting and reviewing lease agreements.

• Resolving disputes and managing eviction proceedings.

• Advising on rent adjustments and security deposit management.

We ensure compliance with Turkish law and protect the rights of both landlords and tenants.