Landlord's Rights: Rent, Rent Increases, Eviction, Security Deposit and Compensation

Who Is the Landlord, and Are the Owner and the Landlord the Same Person?

The landlord's capacity under the contract

Under Article 299 of the TBK, a lease is a contract in which the landlord undertakes to leave a thing to the tenant for use, or for use together with its benefits, and the tenant undertakes to pay the agreed rent. The landlord and the owner of the property are not always the same person. Usufruct, representation, co-ownership, assignment of the lease or another legal relationship may matter in determining who is a party to the contract.

In claims for rent, termination, eviction and compensation, it must first be determined who has the capacity of landlord, who holds ownership or a limited real right, and from which capacity the claimed right arises. Appearing as the owner in the land registry does not mean that an action can be brought in every dispute in the same procedure and with the same standing.

Residential, commercial premises, land and produce leases are different

Articles 339-356 of the TBK contain special provisions for residential and commercial-premises leases, most of which cannot be varied by contract to the tenant's detriment. Different rules on notice, termination and security may apply to leases of bare land, movables or produce. The exception in Article 339 of the TBK for lettings of six months or less of immovables by nature intended for temporary use, and the permit legislation on the leasing of residences for tourism purposes, must also be assessed separately. Writing "daily", "seasonal" or "commercial" in the contract does not by itself change the applicable law; the actual use and the nature of the transaction are what count.

The Landlord's Basic Rights and Obligations Must Be Assessed Together

For these rights to be exercised, the landlord, too, must perform the duty under Article 301 of the TBK to deliver the property in a condition suitable for the use contemplated in the contract and to keep it in that condition. Who bears compulsory insurance, taxes and ancillary expenses is determined under Articles 302-303 of the TBK, the special provisions for residences and commercial premises and the valid terms of the contract. The landlord's repair obligation and the tenant's duty of ordinary cleaning and minor maintenance must not be confused.

The Right to Demand Full and Timely Payment of the Rent

How is the payment day determined?

Article 313 of the TBK regulates the tenant's duty to pay the rent; Article 314 provides that, unless the contract or local custom provides otherwise, the rent and, where necessary, the ancillary expenses are payable at the end of each month and at the latest at the end of the lease term. If a valid payment day is clearly agreed in the contract, that provision is examined first. In a rent claim, the due date, the months for which debt has arisen, the amount that has fallen due and the description used in the bank payment must be established.

A lease can be formed without a written contract; but the rent amount, the increase condition, the due date and the delivery date are harder to prove. Bank transfers, payments described as rent, earlier correspondence and the fact of actual use are assessed together. That a payment was described as "deposit" or "rent" does not always on its own amount to a conclusive characterization.

Does the tenant's non-use of the property remove the rent debt?

Under Article 324 of the TBK, as long as the property is kept fit for use, the tenant is as a rule liable for the rent even if he or she does not use the property, or uses it to a limited extent, for a reason arising from himself or herself. However, the expenses that the landlord is spared are deducted from the rent. If there is a material defect in the property, if use is legally or actually prevented, or if there is a circumstance attributable to the landlord, the same result cannot be applied automatically.

Late-payment penalty and the ban on demanding all future rent

In residential and commercial-premises leases, under Article 346 of the TBK, no payment obligation other than the rent and ancillary expenses may be imposed on the tenant. In particular, agreements providing for a penalty clause for late payment or for all future rent to fall due immediately upon delay of one instalment are invalid. By contrast, collection of an existing due debt and, if its conditions have arisen, default interest are examined separately on the basis of their legal nature and foundation. A prohibited penalty clause does not by itself eliminate the existence of the real claim or of statutory interest.

Rent Increases and the Limits Applicable in 2026

In the annual rent increase, the twelve-month average CPI is the basis

Under Article 344/1 of the TBK, agreements on the increase to be applied in renewed lease periods are valid to the extent that they do not exceed the rate of change in the twelve-month average of the consumer price index in the preceding lease year. This criterion must not be confused with the monthly CPI or annual CPI rate. If a lower valid rate of increase has been agreed in the contract, it cannot be assumed that the landlord may raise it directly to the statutory ceiling.

The temporary 25 percent cap on increases in residential leases ended on 1 July 2024; for renewals in 2026, the general system of Article 344 of the TBK applies. According to the September 2026 CPI bulletin published by the Turkish Statistical Institute on 5 October 2026, the rate of change of the CPI by twelve-month averages is 31.49%. This rate is the current reference for lease contracts renewed in October 2026 and subject to the general Article 344/1 of the TBK; it does not mean that every contract can automatically be increased by 31.49%. When the following month's CPI data is announced, the rate for the relevant renewal period is determined again.

Rent determination action for leases exceeding five years

Article 344/3 of the TBK allows the court, in leases of more than five years or renewed after five years, and at the end of each subsequent five-year period, to determine the rent taking into account together the CPI, the condition of the leased property, comparable rents and fairness. This method differs from the ordinary annual increase.

For the action, not only advertised prices on the internet but also the location, size, type of use, building age and maintenance condition of the comparable property, actually established lease relationships and expert examination matter. In its decision of 01.03.2018, E.2017/5281, K.2018/1949, the 3rd Civil Chamber of the Court of Cassation likewise emphasized that the rent that would apply if the property were re-let vacant must be determined and the existing tenancy must be taken into account for reasons of fairness.

The effect of the start of the new period on rent determination

Under Article 345 of the TBK, an action to determine the rent may be brought at any time; however, from which lease period the rent set by the court will apply is a separate matter of timing. It matters for the statutory consequence that the action is brought at least thirty days before the start of the new period, or that a written notice containing the request for a rent increase reaches the tenant within that time and the action is brought by the end of the following new period. A provision on the increase for the new period in the contract may also allow retroactive application under the special conditions in the law.

Having the right to bring an action is not the same as the judgment producing rent from the earlier date sought. For this reason, in rent determination the formal notice, service, the date of the mediation application and the start of the lease year must be calculated together.

Adjustment of the rent is a separate institution

Adjustment of the contract based on excessive difficulty of performance under Article 138 of the TBK depends on conditions different from the ordinary rent increase or the five-year rent determination. That the market rent of the property has risen does not show that the contract can be adjusted in every case. The extraordinary change, unforeseeability, the balance of performances and the allocation of risk in the specific contract must be assessed separately.

Leases denominated in foreign currency

Whether rent may be agreed in a foreign currency depends on whether the parties are resident in Türkiye and on the transaction/exemption regime in the legislation on the protection of the value of the Turkish currency. The foreign-currency provisions of Article 344 of the TBK do not by themselves show that every residential or commercial lease may be set in foreign currency. In contracts with a foreign element, the applicable foreign-exchange restrictions must be researched separately.

What Can the Landlord Do When the Tenant Does Not Pay the Rent?

Written default notice under Article 315 of the TBK

If, after delivery of the property, the tenant does not pay the rent that has fallen due or the ancillary expenses for which he or she is liable, the landlord may give written notice setting a period for performance and stating that the contract will be terminated if payment is not made. The statutory minimum period is thirty days for residential and commercial-premises leases and ten days for other ordinary lease relationships. The period begins to run from the day after the written notice is given.

The notice must clearly state for which lease periods and which amounts the debt is demanded, the basis of the ancillary expenses, the place of payment and the termination warning. A wrong amount, rent not yet due or a wrong period can lead to rejection of a later eviction claim.

Collection of rent arrears and eviction through enforcement proceedings

Article 269 et seq. of the İİK provide a special enforcement route without a court judgment for the collection of certain rent receivables and, if the conditions are met, for a request for eviction. In a payment order with an eviction notice, there is as a rule a seven-day period for objection for the tenant, and the statutory periods applicable for paying the rent arrears depending on the type of lease. In residential and commercial-premises leases, this payment period is at least thirty days under Article 315 of the TBK. Objection, the continuation of the enforcement and the competence of the enforcement court are subject to special provisions; the Form No. 13 payment order, the lifting of the objection and the eviction request must be assessed on the specific documents.

If the tenant objects, the acceptance or denial of the lease and of the signature, the basis of the claim, the payment documents and the existing enforcement method affect whether application to the enforcement court is possible. Enforcement with an eviction request is not the same as general seizure proceedings for a money claim alone. The exceptional enforcement for eviction of a leased immovable without a court judgment under the İİK is distinct from the mediation condition for suit provided for rent cases in Article 18/B of the HUAK.

Two justified notices differ from a single default notice

Under Article 352/2 of the TBK, against a tenant who has caused two separate justified written notices for non-payment of rent within the period required by the law, an eviction action may be brought within one month from the end of the lease term or the relevant lease year. The relationship of the notices to different due debts within the same legal lease period, whether they are in fact justified and when they were served must be checked. Two letters repeated for the same debt are not automatically counted as two justified notices.

The Landlord's Right to Require Careful Use of the Property

Causing damage, use for other purposes and disturbing neighbors

Under Article 316 of the TBK, the tenant must use the leased property in accordance with the contract and with care, and must show due respect to the persons living in the same property and to neighbors. In residential and commercial-premises leases, as a rule, at least thirty days are given in writing for the breach to be remedied, with notice that the contract will otherwise be terminated. In the statutory exceptions, such as intentionally causing serious damage to the property, the futility of setting a period or conduct becoming intolerable, the conditions for immediate termination are examined separately.

Neighbor complaints, management minutes, written warnings, photographs, police records and, where necessary, preservation of evidence are assessed. A single neighbor allegation or an abstract account of disturbance is not always enough for eviction. The landlord changing the door lock on his or her own initiative or removing the tenant's belongings is not a lawful way of evicting.

Maintenance, repairs and alterations

Under Article 317 of the TBK, the tenant bears the cleaning and maintenance expenses needed for ordinary use; the nature of the expenses and local custom matter. The landlord's basic obligations as to defects and fitness continue. For renovations and alterations the tenant makes to the property, the rule of written consent in Article 321 of the TBK is taken into account. That written consent has been given does not mean unconditional acceptance of every claim for restoration or compensation; the other provisions of Article 321 apply separately.

The right to request that the property be shown

Under Article 319 of the TBK, the tenant must allow the landlord and the third parties designated by the landlord to view the leased property to the extent necessary for maintenance, sale or later letting. However, the landlord must give notice a reasonable time in advance and take the tenant's legitimate interests into account. This right does not give the authority to enter the home without informing the tenant, to carry out constant supervision or to infringe private life.

Sub-letting, Assigning the Right of Use and Assignment of the Lease

The tenant allowing a third person to use the property

Under Article 322 of the TBK, in residential and commercial-premises leases, the tenant cannot sub-let the property or assign the right of use to another without the landlord's written consent. When a breach is alleged, the real actual user, whether the use is continuing or temporary, the agreement made with the third person and the landlord's written permission are examined.

Consent to assignment of the contract in a commercial-premises lease

Under Article 323 of the TBK, written consent is required for assignment of the lease relationship. However, in commercial-premises leases the landlord cannot refuse consent without a just cause. Assignment of the lease at commercial premises, transfer of company shares or a change in the company's trade name does not produce the same legal result in every case. The joint and several liability of the assigning tenant, which may last up to two years, must also be assessed under Article 323 of the TBK.

The Landlord's Right to Evict: Not All Grounds for Eviction Are the Same

In residential and commercial-premises leases, expiry of a fixed term does not by itself give the landlord a right to evict. Under Article 347 of the TBK, unless the tenant gives notice at least fifteen days before the end of the term, the contract as a rule is extended by one-year periods. For eviction, an application on a statutory ground and in accordance with procedure and time limits is required.

Eviction on the ground of need (Article 350 of the TBK)

The landlord may bring an action under Article 350 of the TBK if there is a necessity to use the property as a residence or business premises for himself or herself, spouse, descendants, ascendants or other persons he or she is legally obliged to support. The need must be shown with concrete documents to be real, genuine and compelling. The landlord merely wanting a higher rent does not replace a claim of need.

What matters is the one-month time limit for bringing the action, running in fixed-term contracts from the end of the term and, in contracts of indefinite term, from the date determined under the general rules on termination periods and notice. The effect of a written notice of suit within the period under Article 353 of the TBK on the time limit for suit must also be examined separately.

The need of the new owner (Article 351 of the TBK)

An owner who later acquires the leased property becomes a party to the lease under Article 310 of the TBK; a sale does not automatically remove the tenant. If there is a genuine need for the persons listed in Article 351 of the TBK, the new owner may consider the route of giving written notice to the tenant within one month from the acquisition and bringing an action six months after the date of acquisition. Alternatively, it is possible to bring a need-based action within one month from the end of the contract term. The conditions and periods of these two routes must not be confused.

Reconstruction or substantial repair (Article 350/2 of the TBK)

If reconstruction, substantial repair, extension or alteration of the leased property is necessary and use is impossible while the works are carried out, the landlord may request eviction by complying with the statutory time limit for suit. Simple painting, minor repairs or merely the aim of obtaining a higher rent cannot be turned into this ground before the statutory conditions are met. Municipal and technical project records, site inspection and expert examination are important.

Eviction undertaking (Article 352/1 of the TBK)

If the tenant, after the leased property has been delivered to him or her, has undertaken in writing to vacate the property on a specified date and does not vacate, the landlord may apply for enforcement or bring an action within one month from the date in the undertaking. The validity of the undertaking is examined by reference to the date of drawing up and of eviction, the delivery date, the tenant's signature, the existence of several tenants and allegations of defects of consent. Notarization is not mandatory in every case, but may lead to different results in terms of proof in a dispute.

Important warning: An eviction undertaking obtained when the lease is being formed or before the property is delivered is not equal to a document drawn up by free will after delivery. Where a date is left blank or it is alleged to have been filled in later, the denial of the signature, the burden of proof and an assessment of the document as a whole are required. The mere allegation that it was "filled in later" does not automatically lead to invalidity in every case.

Two justified notices (Article 352/2 of the TBK)

Where the tenant has caused two separate justified written notices within the specified period, there is a one-month period for bringing the action after the relevant lease period has been completed. This ground is separate from the route under Article 315 of the TBK, which is used on the basis of a single default notice. The notices and debts must relate to different periods; the statutory criterion of "one lease year" must be calculated separately in each file.

The tenant or the tenant's spouse owning a residence suitable for living in the same place (Article 352/3 of the TBK)

If the tenant or the spouse living with the tenant has a residence suitable for living within the municipal boundaries of the same district or town, and the landlord did not know this when the contract was made, the landlord may bring an action within one month from the end of the contract. Ownership of the property alleged, its suitability for living, the location requirement and the landlord's knowledge at the time of the contract must be proved concretely.

Expiry of the ten-year extension period (Article 347 of the TBK)

In fixed-term residential and commercial-premises leases, the initial term of the contract and the ten-year extension period are not confused. Article 347 of the TBK provides that, at the end of the ten-year extension period, the landlord may terminate the contract without giving a reason by notice given at least three months before the end of each extension year following that period. In indefinite-term contracts, the passing of ten years from the start of the lease and the general rules on termination notice matter. For contracts subject to older regulations, the transitional provisions must also be assessed.

Termination for material breach of contract and default

Non-payment of rent is subject to Article 315 of the TBK; serious breach of the duty of care and breach of neighbors' rights are subject to different time limits and notice rules under Article 316 of the TBK. When the special conditions are met, either route can bring the contract to an end; but the notice must rely on the right legal ground, the right debt and the right situation.

Which Time Limit Must Be Watched in Which Route to Eviction?

This table is not sufficient to build an automatic calendar in every file. The relationship of the periods for bringing actions to Article 353 of the TBK, the effect of the mediation period on the preclusive period, the day count at the start of the lease and the actual date of service must be determined together.

A 2025 Court of Cassation Decision: Applying Too Early to Mediation May Put the Eviction Action at Risk

In its decision of 26.05.2025, E.2025/1495, K.2025/3048, resolving a disagreement between regional courts of appeal, the 3rd Civil Chamber of the Court of Cassation held that, in actions for eviction on the ground of need under Article 350 of the TBK, the mediation required as a condition for suit must be applied for after the right to bring the eviction action has arisen. On the decision's basic approach, a mediation application made before the right to sue has arisen is not regarded as having properly satisfied the condition for suit in the later eviction action.

For this reason, instead of making a haphazard early mediation application before the lease period ends, the end of the contract, the statutory ground for eviction, the arising of the right to sue, any notice of suit to be sent beforehand if needed, and the effect on time of Article 16/2 of the HUAK should be assessed together. That the time spent in mediation is excluded from the calculation of the preclusive period does not remove the need to time the application correctly. The scope of this decision is the eviction action on the ground of need under Article 350 of the TBK; the same formula must not be applied without thought to all other lease disputes.

How Are Mediation, the Competent Court and the Enforcement Route Distinguished?

Mediation as a condition for suit

Under Article 18/B of Law No. 6325, from 1 September 2023, in disputes arising from lease relationships concerning immovables, except for the provisions on eviction through enforcement without a court judgment under the İİK, applying to mediation before filing suit is a condition for suit. In rent determination, eviction on the ground of need, actions on rent claims and other actions arising from the lease relationship, the nature of the file must be examined in this respect. The exemption of enforcement for eviction without a court judgment is not an unlimited exemption meaning that mediation is not needed at any stage of the enforcement; the nature of an action brought later is assessed separately.

Competent court and jurisdiction

Article 4 of the HMK gives a significant part of disputes, including actions on receivables arising from the lease relationship, to the civil court of peace (sulh hukuk mahkemesi). The duties of the enforcement court (icra hukuk mahkemesi) in eviction through enforcement without a court judgment under the İİK are different. Territorial jurisdiction is examined according to the place of performance of the contract, the defendant's place of residence, the location of the property and the applicable special rules. That the property is located in Antalya does not mean that Antalya is the sole and absolute place of jurisdiction in every rent-claim action.

Actual eviction at the end of the action or enforcement

The existence of a court judgment or of an act of the enforcement court is a different stage from the property actually being vacated. The necessary service, objection/appeal, enforcement and handover steps must be completed. Whether the judgment has become final, depending on the judgment subject to enforcement and the route taken, is also checked separately. A landlord changing the lock, having the electricity and water cut or taking belongings outside before the legal steps are completed is not a lawful method of forced eviction and may also give rise to civil and criminal liability.

The Landlord's Rights and Limits over the Security Deposit

The deposit may be at most three months' rent

In residential and commercial-premises leases, if security is agreed in the contract under Article 342 of the TBK, the security cannot exceed three months' rent. For security in cash or securities, the law provides a bank guarantee system that the landlord cannot withdraw unilaterally. The bank may release the security only under the conditions listed in the law (such as the consent of the parties, final enforcement proceedings or a final court judgment).

Wear and tear resulting from ordinary use of the leased property is not the same as damage that the tenant is liable to compensate. The landlord's claim to set off compensation or rent debt against the security is not accepted automatically without regard to the existence and proof of the claim.

Within what period is the security returned at the end of the lease?

Under Article 342 of the TBK, if within three months following the end of the contract the landlord has not notified the bank in writing that he or she has brought an action against the tenant concerning the lease or commenced enforcement/bankruptcy proceedings, the bank must return the security at the tenant's request. This three-month rule is not, in every case, an absolute and direct payment period granted to the landlord for return of the deposit; it relates to the operation of the bank guarantee mechanism.

2026 Court of Cassation decision: transfer of the deposit when the property is sold

In its decision of 12.05.2026, E.2026/3664, K.2026/2960, a decision of quashing in the interest of the law, the 3rd Civil Chamber of the Court of Cassation held that, if the previous owner cannot prove that he or she transferred the deposit taken from the tenant to the new owner, the previous owner's liability for returning the security may continue. This decision shows that the generalization "the property has been sold; the deposit debt automatically belongs to the new owner" may be wrong. The sale contract, the bank records and the actual transfer of the deposit must be documented.

Claiming the Tenant's Damage to the Property and Early-Departure Loss

Distinguishing ordinary wear from damage caused by fault

Under Article 334 of the TBK, the tenant must return the property in the condition in which he or she received it; however, he or she is not liable for wear and deterioration arising from use in accordance with the contract. Ordinary wear must be distinguished from breakage, deficiencies and damage caused by the tenant's negligence or use contrary to the contract.

Under Article 335 of the TBK, the landlord must examine the condition of the property when it is returned and notify the tenant in writing without delay of the deficiencies and defects for which the tenant is responsible. For hidden deficiencies that cannot be detected by ordinary inspection, written notice at the time they are discovered matters. A move-out record, dated photographs, meter readings, an inventory list and, where necessary, site inspection/preservation of evidence are therefore needed.

If the tenant leaves early, how much rent can be claimed?

Under Article 325 of the TBK, if the tenant returns the property without observing the contract term or the termination period, his or her obligations may continue for the reasonable period within which the property could be let on similar terms. This does not mean that the rent for all remaining months can automatically be claimed. Whether the tenant finds a new tenant who can reasonably be expected to be accepted by the landlord, is solvent and is ready to take over the contract, the expenses the landlord is spared and other benefits of use affect the calculation of the debt.

It is important for the landlord to keep records of efforts to re-let the property, advertisements and negotiations, and for the tenant to be able to prove in writing the date the keys were handed over and the proposal of a suitable new tenant.

If the Property Is Sold: The Rights of the Landlord and the New Owner

Under Article 310 of the TBK, when the property changes hands, the new owner becomes a party to the lease. A sale does not immediately end the lease merely because the title has been transferred. The new owner may assert the valid rent and the other contractual rights within the statutory limits. The notice on to whom the rent is to be paid, the date of the transfer and who retains any receivables for the earlier period must be established carefully.

If the new owner is considering a need-based action under Article 351 of the TBK, he or she must distinguish the conditions of the one-month written notice and six-month route from those of the alternative action that can be brought at the end of the lease period. The deposit, prepaid rent, movables left with the tenant, fixtures and past debts between the previous owner and the new owner must be regulated expressly in the property sale contract; the provisions affecting third parties in respect of the lease relationship must be examined separately.

The Landlord's Re-letting Restrictions and Compensation Risk

Article 355 of the TBK provides special restrictions on re-letting a property from which the tenant was evicted for need or for reconstruction and zoning, and, if they are breached, compensation of not less than one year's rent paid in the last lease year. However, whether compensation has arisen, how the eviction took place, whether there was a just cause, the act of re-letting and the relevant Court of Cassation practice must be examined together.

The right to let arising from reconstruction and zoning and the former tenant's priority right are also assessed separately. Obtaining eviction by claiming a need for a residence and then letting the property to another person at a higher rent may, depending on the facts of the case, give rise to serious compensation and good-faith problems.

Evidence, Formal Notice and Document Management: A Practical List for the Landlord

1. All versions of the contract: Date of first signature, additional protocols, extension years, capacity of landlord/representative, all the tenants and any surety.
2. Handover records: Key handover, inventory list, photographs, meter readings and land registry/usufruct/representation documents.
3. Payment schedule: The due date for each month, the valid increase calculated, bank entries, descriptions, unpaid and disputed items.
4. Formal notice and service: Notary/registered electronic mail (KEP)/return-receipt service documents, date of receipt, the basis of the debt, the correct period and the termination warning.
5. Ground for eviction: Documents of genuine need, the new owner's date of acquisition, project/permit, written eviction undertaking or records relating to two justified notices.
6. Mediation and action: Timing of the application, clarity of the subject of the dispute, the final minutes, time limit for suit and any notice under Article 353 of the TBK.
7. Damage and return: Move-out inspection, written notification of damage, repair invoice, distinction from ordinary wear, deposit and set-off calculation.
8. Post-judgment steps: Enforcement steps, payment and refund set-offs, actual eviction/handover record and, if needed, re-letting restrictions.

The first stage of a successful litigation strategy for the landlord is to classify the legal ground correctly rather than sending the same formal notice for all disputes. Drawing up the document underlying the act afterwards, serving it on the wrong person or miscalculating the time limit may lead to a substantively justified claim being rejected on procedural grounds.

The Mistakes Landlords Make Most Often

• Thinking eviction is automatic because the contract term has ended: Article 347 of the TBK and the statutory grounds must be taken into account.
• Raising the rent unilaterally to the market rate: The increase under Articles 344-345 of the TBK and rent determination are separate.
• Applying the old 25 percent cap in 2026 or using the latest announced annual inflation rate: Under current law, the twelve-month average CPI according to the renewal month is the basis.
• Deducting the deposit for all losses without documents: Articles 342, 334 and 335 of the TBK apply together.
• Trying to remove the tenant by changing the lock: Eviction is carried out through the competent enforcement and judicial authorities.
• Regarding mediation months before the eviction action as sufficient in every case: The timing warning in the 2025 decision of the 3rd Civil Chamber of the Court of Cassation is important.
• Treating a rent increase and an eviction action on the ground of need as the same application: The claim, time limit, proof and legal ground are different.
• Delaying the inspection and written notice of damage after the tenant leaves: A loss of rights may arise under Article 335 of the TBK.

Conclusion

The landlord's rights arising from ownership and the contract are strong; but whether these rights take effect depends on the right ground, the right evidence and the right time limit. The landlord can take various routes to collect rent, to seek a lawful increase and rent determination, to ensure careful use of the property, to claim proven damage, or to take back the property when the statutory conditions for eviction are met. Rent increase, rent determination, eviction for default, eviction for need and eviction based on a written undertaking are different legal acts. The route to follow must not be decided without examining the date of the specific contract, the extension periods, the payment documents, the service of the notices and the timing of mediation.

Frequently Asked Questions

Can a landlord remove the tenant when the lease term expires?

No; expiry of the term alone is not enough. In residential and commercial-premises leases, the contract as a rule is extended under Article 347 of the TBK. Special conditions, such as statutory need, a valid eviction undertaking, two justified notices, default, or notice at the end of the ten-year extension period, must additionally be met.

Can a landlord raise the rent as much as he or she wants in 2026?

No. The general renewal increase is subject to the ceiling of the twelve-month average CPI in Article 344 of the TBK; if the contract contains a lower valid rate of increase, that provision is also taken into account. In relationships exceeding five years, judicial rent determination is a separate route.

What is the rent increase rate for October 2026?

According to TurkStat's September 2026 data, the change in the CPI by twelve-month averages is 31.49%. This rate is the basis of the general statutory ceiling for renewals in October 2026; the same rate does not apply to all leases or to renewals in different months.

How many days must be given if the tenant is not paying the rent?

In residences and commercial premises, at least thirty days under Article 315 of the TBK, and in other ordinary lease relationships as a rule at least ten days. The date of service and the content of the written notice are decisive. Separate objection and application periods apply to eviction proceedings under the İİK.

Does the landlord have to go to mediation for unpaid rent?

If an action arising from the lease relationship is to be brought, mediation is as a rule a condition for suit. By contrast, eviction through enforcement without a court judgment under the İİK is a special exception. Whether the application is an action or enforcement without a judgment, and at what stage, must be distinguished.

Can the rent of a tenant whose lease has passed five years be raised to the market rate?

The landlord can ask the court to determine the rent; but the new rent will not automatically equal the advertised market rent. Under Article 344/3 of the TBK, comparables, the condition of the property, the CPI and fairness are assessed; the existing tenancy may also be taken into account.

Is the tenant of a newly purchased home evicted immediately?

No. The new owner becomes a party to the contract under Article 310 of the TBK. If there is a need, the conditions of the written notice under Article 351 of the TBK, the six-month route or the end-of-contract action are assessed separately.

Must an eviction undertaking be made before a notary?

In general, the notarial form is not an absolute condition of validity. However, the document must be in writing, given after the leased property was delivered, and the eviction date must be definite. Allegations about the signature, the date and free will may give rise to special problems of proof.

If there are two justified notices, can the tenant be evicted at once?

No. Two separate justified written notices must actually exist in the period set by the law, and the action must be brought within one month after the relevant lease term/lease year ends. The debt to which each relates and the dates of service must be checked.

Must a landlord evict the tenant in order to sell the home?

No. The property can be sold while the lease continues. The tenant must put up with reasonable viewings notified in advance under the conditions of Article 319 of the TBK; the sale does not automatically end the lease.

Can a landlord enter the tenant's home without notice?

No. Article 319 of the TBK allows viewings to the extent necessary for maintenance, sale or later letting; appropriate prior notice and regard for the tenant's legitimate interests are required. The landlord's right of ownership does not legitimize entering a dwelling without permission.

Can the landlord use the deposit whenever he or she wants?

No. In residences and commercial premises, Article 342 of the TBK contains a three-month maximum security and conditions on the use of the bank guarantee. The landlord must prove legally the debt or loss he or she alleges.

What should the landlord do if the tenant has damaged the home?

Inspect the condition of the property at handover, notify the tenant in writing without delay of deficiencies and defects attributable to the tenant, and document the loss. Ordinary wear is not damage to be compensated. Articles 334-335 of the TBK apply.

If the tenant leaves before the contract ends, does he or she pay all the remaining rent?

As a rule, not the whole automatically. Under Article 325 of the TBK, the reasonable period in which the property could be let on similar terms, savings in expenses and the finding of a suitable new tenant are assessed.

Can a landlord seek eviction for need for his or her sibling?

Among the persons listed in Article 350 of the TBK, a sibling is not included merely by virtue of that kinship. However, if the capacity of another person legally obliged to be supported is met in the specific case, it is assessed separately. The persons listed in the law cannot be extended without limit.

Is the ten-year period calculated from the day the contract was signed?

In a fixed-term lease, the initial contract term and the ten-year extension period are separate. In an indefinite-term lease, Article 347 of the TBK contains separate rules on commencement and notice. A definite eviction date should not be given without seeing the commencement, the transitional provisions and the renewals.

When should mediation be carried out in an eviction action on the ground of need?

According to the approach in the 3rd Civil Chamber of the Court of Cassation's decision of 26.05.2025, E.2025/1495, K.2025/3048, in eviction on the ground of need under Article 350 of the TBK, the application to mediation as a condition for suit must be made after the right to bring the action has arisen. This must be assessed together with the specific lease period and the preclusive period.

Can a home vacated for need be let to someone else immediately?

Article 355 of the TBK imposes re-letting restrictions. The just cause, the method of eviction, the three-year ban and the conditions for compensation must be assessed according to the specific case. Breach of the rule may, under certain conditions, result in compensation of not less than one year's last rent.

Sources

1 — Turkish Code of Obligations No. 6098, in particular Articles 299-325, 334-355. Ministry of Justice Legislation and Case Law Program: Source

2 — Law on Mediation in Civil Disputes No. 6325, Articles 16, 18/A and 18/B. Ministry of Justice: Source

3 — Code of Civil Procedure No. 6100, Articles 4, 199 and the provisions on proof. Ministry of Justice: Source

4 — Enforcement and Bankruptcy Law No. 2004, Articles 269-269/d and the provisions on eviction of a leased immovable through enforcement without a court judgment. Relevant official case law: Source

5 — Law No. 7445, the provision adding Article 18/B to Law No. 6325 with respect to lease disputes; Official Gazette of 05.04.2023: Source

6 — Turkish Statistical Institute, September 2026 Consumer Price Index, 05.10.2026, change in the twelve-month average CPI 31.49%: Source

7 — Court of Cassation 3rd Civil Chamber, 26.05.2025, E.2025/1495, K.2025/3048, timing of the application to mediation as a condition for suit in eviction on the ground of need. Ministry of Justice case-law record: Source

8 — Court of Cassation 3rd Civil Chamber, 12.05.2026, E.2026/3664, K.2026/2960, previous landlord's liability for the deposit on transfer of the property: Source

9 — Court of Cassation 3rd Civil Chamber, 01.03.2018, E.2017/5281, K.2018/1949, assessment of comparables and fairness in rent determination: Source

10 — Court of Cassation 3rd Civil Chamber, 21.02.2023, E.2022/8307, K.2023/168, proof and time of drawing up of an eviction undertaking: Source