The questions below offer a general framework on grounds for evicting a tenant, rent increase disputes and the validity of notices and service. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–6 of 6 questions
On what legal grounds can a tenant be evicted?
A tenant can be evicted only on a ground provided for by law and by the procedure appropriate to that ground; the unilateral wish of the landlord is not sufficient.
Non-payment of rent, genuine need, reconstruction or zoning, an eviction undertaking in conformity with the law, two justified formal notices and the ten-year extension period are each subject to different legal conditions. Articles 315, 347, 350 and 352 of the Turkish Code of Obligations (TBK) are among the main bases. For each eviction claim, whether a formal notice is required, the route of a lawsuit or enforcement proceedings, the applicable period and the evidence are determined separately. In leases of residences and roofed workplaces, mediation as a condition precedent to litigation under Article 18/B of Law No. 6325 and the exception of eviction through enforcement without a judgment are assessed separately. The effect on the dispute of the date on which the tenant signed the eviction undertaking and of the delivery of the property should be examined in particular.
How are the rules applicable in a rent increase dispute determined?
In leases of residences and roofed workplaces, the basic criterion for a rent increase is Article 344 of the TBK; the renewal date, the twelve-month average consumer price index (TÜFE) rate and the lease term are important.
Article 344 of the TBK links the increase applicable in renewed lease periods to the rate of change in the consumer price index according to twelve-month averages. In addition, possibilities such as an increase clause between the parties, the date of the contract, the five-year lease period and the judge’s determination of the rent are assessed separately. A temporary 25 percent increase cap that applied for a period should not be presented as the general and continuing rule for 2026. A rent determination action and adjustment based on excessive difficulty of performance are different legal institutions. In addition, the analysis may change if a new owner, rent in foreign currency or special provisions are involved. The official TÜFE data announced for the actual renewal month should be used.
Why is the validity of a formal notice and service to a tenant important?
The content of the formal notice and its proper service may be decisive for the tenant’s default to arise and for certain grounds of eviction.
In a formal notice given for non-payment of rent under Article 315 of the TBK, the rent debt, the period granted and the legal consequences must be clearly stated. In leases of residences and roofed workplaces, it is examined whether the minimum period set by law has been observed. Where two justified formal notices are alleged under Article 352(2) of the TBK, the rent periods to which the formal notices relate, their justification and their proof are important. The legal effect of a notarized formal notice, registered mail with return receipt or an electronic service record depends on the proper manner of service. It should not be accepted that the conditions are met automatically on the basis of a formal notice that was sent but cannot be proved to have been properly served. The periods for formal notice and for the lawsuit must be calculated together according to the type of contract and the specific case.
Must a tenant accept an increase at the TÜFE rate every year?
A rent increase is determined by Article 344 of the TBK and the mandatory limits in the contract provisions.
For increase agreements in leases of residences and roofed workplaces, the ceiling of the twelve-month TÜFE average and the rent determination regime for contracts exceeding five years are assessed separately. Temporary caps of the past should not be continued automatically today.
How is a rent payment proved if it was made in cash instead of through a bank?
A claim of cash payment may give rise to legal and tax-related problems of proof.
The receipt, signed documents, correspondence between the parties and the lease agreement are examined. Payment through a bank and the obligations to document payments should be assessed separately; one should not rely on an oral statement alone.
Can a new owner evict the tenant immediately?
No; an eviction request by the new owner based on need is subject to statutory notice and lawsuit conditions.
Under Article 351 of the TBK, the notice and lawsuit timetable following the date of acquisition is important. The requirement that the need be genuine, sincere and compelling, and the provisions of the existing contract, should be assessed separately.