Disputes in residential tenancies are often concentrated around rent increases, non-return of the deposit, defective or poorly maintained housing, pressure to vacate, unjustified expense claims and the landlord’s arbitrary interference with the leased property. Yet the Turkish Code of Obligations contains many mandatory provisions protecting the tenant in residential and roofed commercial premises leases. For this reason, a tenant’s knowing their rights determines not only how much the current rent may rise but also which claim is valid and which pressure is unlawful.
In this guide, the tenant’s principal rights against the landlord are explained within the current legal framework in terms of delivery, defects, repairs, costs, rent increases, the deposit, eviction, mediation and court proceedings.
The legal framework of the tenancy relationship
What is a lease agreement?
Under the Turkish Code of Obligations, a lease agreement is a contract in which the landlord undertakes to leave the use of a thing, or its use together with its benefits, to the tenant, and the tenant undertakes to pay the agreed rent in return. Although a written contract is very important in residential leases, a lease is not formed only in writing; the parties’ declarations of intent and the actual relationship of use can also prove a lease.
The structure that protects the tenant in residential and roofed commercial premises leases
In residential and roofed commercial premises leases, many provisions cannot be changed to the tenant’s detriment. For this reason, even if clauses such as “the deposit is six months’ rent”, “the tenant is responsible for all major repairs”, “the rent may be freely increased every six months” or “a further penalty applies if the rent is paid late” have been written into the contract, the parts that are contrary to the law are not valid.
The tenant’s basic rights
The right to require delivery of the leased property in conformity with the contract
The landlord is obliged to deliver the leased property in a condition suitable for the use intended in the contract and to keep it in that condition throughout the lease. If the home was delivered with important deficiencies such as serious damp, leaks, an electrical installation problem, broken joinery, a non-working boiler, an unusable kitchen or a security weakness, the tenant may rely on defects existing at the time of delivery.
Important defects at the time of delivery
If the leased home was delivered in a condition seriously contrary to the agreed purpose of use, the tenant may, depending on the specific case, have recourse to the provisions on default or the provisions on defects. For example, if there is a serious water leak, an unusable bathroom or a basic plumbing fault in a property rented with the promise of a “habitable apartment”, the tenant cannot be expected merely to “put up with it”.
The right to require that the home be kept fit for use throughout the contract term
The landlord’s obligation does not end with delivery. The remedying of important defects that arise while the lease continues is also, as a rule, the landlord’s responsibility. Structural problems such as a leaking roof, water coming in through the exterior wall, a collapse of the installation, electrical faults originating in the main structure, central system faults, and problems with the elevator, hydrophore or common facilities may fall within the landlord’s area of responsibility.
What can be done when a defect arises
In the case of defects that arise later, the tenant may request that the landlord remedy the defect, that the rent be reduced in proportion to the defect, or that the tenant’s damage be compensated. If the defect is important, a right of termination may also come into question.
Requesting that the defect be remedied
The tenant should notify the landlord of the defect in writing and give a suitable period. If the defect is not remedied within that period, the tenant may, when the conditions are met, have the defect remedied at the landlord’s expense and set off the necessary expenses incurred against the rent. As far as possible, this step should be carried out by notary notice, written message, e-mail or other provable means, in case a dispute arises later.
Requesting a reduction of the rent
If the defect reduces the use of the home but does not eliminate it entirely, the tenant may request a reduction of the rent in proportion to the defect from the date on which the landlord learned of the defect until the date it is remedied. For example, a room that constantly takes in water, a heating system that works inadequately or structural problems that seriously affect quality of life may provide a basis for a request for a reduction.
Requesting compensation of the damage
If the tenant has pecuniary damage such as damage to belongings because of the defect, temporary relocation costs, additional heating costs or similar, the tenant may also request compensation for them. The landlord is liable for damage arising from the defect unless it proves that it was not at fault.
The right of termination
If the defect eliminates, or significantly prevents, the suitability of the home for the intended use and is not remedied within the period given, the tenant may terminate the contract. In particular, damp to an uninhabitable degree, a serious plumbing fault, a dangerous electrical system or situations that in fact make dwelling impossible may be assessed within this scope.
Necessary major repairs belong to the landlord
The tenant bears the small maintenance and cleaning obligations required by ordinary use; however, structural and substantial repairs belong, as a rule, to the landlord. One must not confuse painting, whitewashing, small consumables or the limited maintenance needs arising from the tenant’s use with heavy repairs relating to the main installation, the roof, the columns, the exterior wall, permanent installations, the main body of the boiler or the load-bearing elements of the structure.
Taxes, insurance and principal ancillary costs cannot be placed on the tenant
Unless otherwise agreed or specially regulated by law, the landlord bears the compulsory insurance, taxes and similar obligations relating to the leased property. Certain ancillary costs related to the use of the leased property and incurred by the landlord or a third person also belong, as a rule, to the landlord. In practice, property tax, the principal liability for the DASK (compulsory earthquake insurance) premium or principal structural costs cannot be passed on to the tenant as they are.
The right to object to unjustified expense and cost claims
The whole of the building maintenance fee (aidat) does not automatically belong to the tenant. Ordinary operating expenses arising from use must be separated from fixtures, renewal, value-enhancing investments and main-structure expenses. Passing on to the tenant as they are large value-enhancing expenses such as the complete renewal of the elevator, thermal insulation of the exterior wall, renewal of the building’s main water tank or roof insulation is not always lawful.
The right to peaceful use and privacy in the home
The landlord cannot enter the leased property whenever it wishes by relying on the right of ownership. Possession of the leased property and the right of use remain with the tenant throughout the lease. Even if the landlord has a key, it has no authority to enter the home without the tenant’s consent, to rummage through belongings, to change the lock, to have the water or electricity cut off, to apply pressure or to make unlimited visits by saying “I will show the house”. Where necessary, with reasonable timing and reasonable notice, a limited inspection or showing may be carried out in accordance with the rule of good faith; but this right cannot be used to the extent of violating the tenant’s private life.
The right to protection against unlawful pressure to vacate
The landlord can have the tenant evicted only through the routes provided by law. Apart from a court judgment, enforcement proceedings based on an eviction undertaking, or the statutory grounds for eviction, pressure such as “get out within a week”, “otherwise I will change the door” or “I will shut off the subscriptions” is not a lawful method of eviction. The tenant may collect evidence against such acts, apply to law enforcement and, if pecuniary and non-pecuniary damage has arisen, consider the possibilities of compensation separately.
The deposit and the security amount
The deposit can be at most three months’ rent
In residential and roofed commercial premises leases, the security amount cannot exceed three months’ rent. This limit cannot be widened to the tenant’s detriment. Indirect demands that reach the same result under names such as “six months’ deposit”, “a separate key fee” or “a separate security contribution” may also create unlawfulness.
Protection in a bank of a deposit given as money
If the security has been given as money or negotiable instruments, the tenant may request that it be deposited in a bank and that its withdrawal be made subject to the consent of both parties or to a final enforcement or court decision. The aim is that the deposit not be left to the landlord’s free use and that, at the end of a dispute, it be resolved objectively.
Return of the deposit
If the tenant has returned the property in conformity with the contract and without damage beyond ordinary wear and tear, the deposit must be refunded. The landlord must concretely set out its genuinely existing and provable damage, unpaid rent or clear claims arising from the contract. Situations such as ordinary ageing, faded paint or reasonable wear arising from use cannot on their own be a basis for retaining the deposit.
The importance of recording the condition on handover at move-out
At the time of handing over the keys, meter readings, photographs, video recording, a handover record signed by the parties and, if possible, a written record showing the mutual debit-and-credit position are extremely important. A significant part of the later disputes stems from uncertainty at this stage.
The tenant’s rights concerning rent increases
The general rule: the twelve-month average CPI limit
The increase to be applied in renewed rental periods in residential leases cannot, as a rule, exceed the rate of change in the twelve-month averages of the consumer price index in the previous rental year. Even if a higher rate of increase has been written into the contract, the portion that exceeds the statutory limit is not valid for residential leases.
How is the current rate determined?
In each renewal period, the last CPI bulletin announced before the date of the increase is taken as the basis. As of September 2026, the increase in CPI according to the twelve-month averages was announced as 31.49 percent. However, because this rate may change every month, the current CPI data closest to the month of the lease renewal should be used in the actual calculation of the increase.
The temporary 25 percent limit is no longer in force
The temporary 25 percent limit on increases applied for a period in residential leases has ended. The rule to be taken as the basis today is the twelve-month average CPI limit in the Turkish Code of Obligations.
What happens if the landlord asks for a higher increase?
The tenant is not obliged to accept an increase that exceeds the statutory limit. In practice, tenants often create evidence by calculating the increase according to the statutory rate and paying through the bank with a note in the description field such as “October 2026 rent”. Even so, each specific case must be assessed together with the payment pattern and the correspondence between the parties.
The position may differ after five years
When the same tenancy has completed five years, or after five years in contracts of more than five years, the determination of the rent by a judge, by assessing comparable rents, equity and index data together, may come up. At this stage not just a mechanical CPI calculation but the regime of the rent determination action becomes important.
Clauses that cannot be written, or that may be invalid even if written, to the tenant’s detriment
The prohibition of changes to the tenant’s detriment
In residential and roofed commercial premises leases, the provisions of the law protecting the tenant cannot be changed to the tenant’s detriment. For this reason, clauses of the following kind are often disputed:
- That unlimited increases will be made every month or every six months,
- That the deposit will exceed three months’ rent,
- That an excessive penalty will be applied for late rent,
- That all rents for future months will be demanded at once by an acceleration clause,
- That all principal structural repairs belong to the tenant,
- That the landlord may enter the home at any moment,
- That the tenant waives in advance the statutory rights of application and defense.
Prohibition of a penalty clause and acceleration in case of late payment of rent
In residential and roofed commercial premises leases, a penalty clause cannot be provided for failure to pay the rent on time; nor is it valid to demand, by an acceleration clause, the whole of the rents that have not yet fallen due. This protection aims to prevent the tenant from being put under economic pressure.
The tenant’s rights with respect to pressure to vacate and grounds for eviction
The landlord cannot evict arbitrarily
In fixed-term residential lease contracts, the tenant does not have to leave automatically because the contract term has expired. Unless the tenant gives notice at least fifteen days before the end of the term, the contract is extended for another year on the same terms. The landlord, in turn, can request eviction only by relying on the grounds for eviction listed in the law and by following the prescribed procedure.
Common grounds for eviction
The principal grounds for eviction that the landlord may raise include the following:
- The genuine and sincere housing need of the landlord, the landlord’s spouse, descendants, ascendants or persons whom the landlord is obliged to support,
- The need for substantial repair, extension or reconstruction,
- The tenant’s default in paying the rent,
- The conditions of two justified formal notices within the same rental year being met,
- A valid written eviction undertaking,
- The expiry of the ten-year extension period.
What is important for the tenant is to verify whether the eviction request is in fact based on one of these grounds and whether the necessary formal and time requirements have been met.
An eviction undertaking is not always valid
For an eviction undertaking to be valid, it is important that it was given in writing after the delivery of the leased property. Documents with a blank date, obtained under pressure or signed before delivery frequently give rise to disputes. Each specific case must be assessed together with the time the document was drawn up and the state of the evidence.
Two justified notices and the payment pattern
The landlord may raise the conditions of two justified formal notices on the ground that the rent was not paid on time within the same rental year. At this point, regular bank payments, transfers with descriptions and the dates of the notices are important for the tenant. Paying the rent in cash and without documents may lead to a problem of proof later.
What the tenant should pay attention to regarding payment and proof
Paying the rent through the bank
The safest method is to pay the rent through the bank and to write the month and year in the description field. In this way, disputes such as “the rent was underpaid”, “it is unclear which month it belongs to” or “the payment was set off against another debt” are reduced.
Keeping correspondence
WhatsApp messages, e-mails, notices, photographs of meters, fault records, service receipts and correspondence with the building management may be decisive in a later dispute. Historical records are very important, particularly in claims concerning defects and repairs.
Handover record and photographic record
On moving in and moving out, the walls, floor, kitchen, bathroom, fixtures, meter values and the handover of keys should be documented. Many disputes grow because the initial condition of the leased property cannot be proved.
Mediation and court proceedings
Mediation as a condition of suit in lease disputes
As of September 1, 2023, applying to a mediator before filing suit is a condition of suit in disputes arising from the tenancy relationship, excluding the provisions on eviction through enforcement proceedings without a judgment under Enforcement and Bankruptcy Law No. 2004. For this reason, in many disputes such as rent receivables, rent determination, adjustment, eviction or return of the deposit, the compulsory mediation stage should be considered before filing suit.
Which actions may come up?
Depending on the tenant’s position, the following actions and claims may come up:
- A claim for return of the deposit,
- A reduction of the rent because of a defect,
- Compensation because of a defect,
- A rent determination action,
- A negative declaratory action against unjustified pressure to vacate, or defense possibilities,
- Defenses against an eviction action brought by the landlord,
- In appropriate cases, termination of the contract and claims for damage.
The competent court
In disputes arising from the tenancy relationship, the Civil Court of Peace (Sulh Hukuk Mahkemesi) is, as a rule, competent. However, depending on the nature of the incident, the enforcement law, compensation or criminal dimension may also arise separately.
Frequently asked questions in practice
Can the landlord always put the house up for sale and show it?
No. The landlord may wish to show the house for the purpose of sale; but this right does not remove the tenant’s privacy. The day and time of the viewing should be set reasonably, and the tenant’s private life and right of use should be respected.
Can the landlord determine the rent increase by a unilateral message?
It is possible for the landlord to request an increase by message; but if this request exceeds the statutory limit, the excess portion is not binding. In the event of a dispute, the parties’ intentions and the payments made become important.
Can the tenant have a fault in the house repaired and deduct it from the rent?
Yes, depending on the nature of the defect and the procedure followed. As a rule, the landlord must first be notified, a suitable period must be given and, if the defect is not remedied, the necessary expenses must be incurred in a provable way. Arbitrary and undocumented set-off may create new disputes.
Is the deposit automatically deducted when leaving?
No. To avoid returning the deposit, there must be a concrete and provable damage or claim. Ordinary wear and tear is not by itself a ground for deduction.
What if the contract says “painting and whitewashing belong to the tenant”?
This clause cannot be said to be valid or invalid under all conditions on its own. Painting and whitewashing are assessed together with ordinary use, the condition at delivery, the scope of the contract provision and the specific characteristics of the leased property. However, the tenant cannot be made liable for structural repairs or for an uncertain and unlimited obligation of renovation beyond ordinary wear and tear.
What happens if the tenant wants to leave?
Leaving before the end of the contract term is assessed separately according to the balance of early return and re-letting in the Turkish Code of Obligations. The date on which the tenant hands over the key, the reasonable period for re-letting and the finding of a new tenant are important. Every specific case is different.
A practical checklist for the tenant
The first 10 steps when a problem arises
- Find the lease agreement and any additional protocols.
- List all payments with bank receipts (dekont).
- If there is a defect or problem, take photographs and video.
- Give written notice to the landlord.
- Give a suitable period and keep the correspondence.
- Separate the maintenance fee, tax and expense items.
- Calculate the rent increase according to the current CPI data.
- Keep records of the deposit and the condition at handover.
- If there is pressure to vacate, collect written, not oral, evidence.
- Check whether compulsory mediation is needed before filing suit.
Conclusion
The tenant’s rights against the landlord are not limited to the rent increase. Delivery, defects, repairs, privacy, costs, the deposit, unlawful pressure to vacate and court proceedings must be assessed together. In practice, the biggest mistakes are accepting without question a rent increase that exceeds the statutory limit, not keeping a written record of the deposit, leaving notice of a defect oral, making payments without documents and, in the face of pressure to vacate, enlarging the actual dispute instead of following a legal route.
The details of the specific case, the contract provisions, the start date of the lease, the payment pattern and the state of the evidence directly affect the result. For this reason, especially in eviction, high rent increases, return of the deposit, defective housing and compensation claims, an assessment on the specific file is necessary.
Frequently Asked Questions
What happens if the tenant does not accept the rent increase?
The tenant is not obliged to accept an increase that exceeds the statutory limit. However, to manage the dispute correctly, it is important that the increase be calculated according to the current CPI data and that payment be made by a bank transfer with a description.
Can the landlord automatically evict the tenant at the end of the contract?
No. In a fixed-term residential lease, the expiry of the term alone does not give the landlord an automatic power to evict. The statutory grounds for eviction and procedural requirements are required.
When is the deposit returned?
Once the leased property, the handover of keys and the debit-and-credit account have been clarified, the deposit must be returned if the landlord has no provable claim or damage. For security deposited in a bank, a statutory procedure also applies.
What can be done if the landlord has the water or electricity cut off?
Such acts are not a method of eviction in themselves. Depending on the nature of the specific incident, evidence should be collected and, if necessary, an application to law enforcement, a notice, mediation and court proceedings should be considered.
Does the tenant have to live in a damp or defective home?
No. Depending on the nature of the defect, rights of remedy, rent reduction, compensation and termination may come up. Proper notice and the collection of evidence are very important.
Sources and official legal bases
1 — Turkish Code of Obligations No. 6098, in particular Articles 299, 301-308, 313-315, 334, 342-346, 347, 350-352.
2 — Law No. 6325 on Mediation in Civil Disputes, Article 18/B.
3 — Law No. 7445 Amending the Enforcement and Bankruptcy Law and Certain Laws.
4 — Turkish Statistical Institute (TÜİK), Consumer Price Index, September 2026 bulletin.