Tenant Eviction and Rent Disputes Guide

With the growth of industry in Çerkezköy, Kapaklı and Saray, demand for rental homes and workplaces increases every year. This also brings disputes between landlords and tenants over eviction, rent increases and security deposits. In this guide, we explain, within the framework of the Turkish Code of Obligations, when a landlord can evict a tenant, the legal limit on rent increases and the path to follow in rent disputes, from the perspective of both tenants and landlords.

Does the Tenant Have to Leave When the Lease Expires?

No. Under Article 347 of the Turkish Code of Obligations No. 6098 (TCO), in residential and roofed commercial leases, unless the tenant gives notice at least 15 days before the end of the lease term, the lease is deemed extended for one more year under the same terms. The landlord, on the other hand, cannot terminate the lease solely because the term has expired.

The only exception to this protection is the 10-year extension period. In fixed-term leases, once 10 extension years have passed after the initial term, the landlord may terminate the lease without stating any reason by giving notice at least 3 months before the end of each subsequent extension year. In indefinite-term leases, notice may be given under the general termination rules once 10 years have passed since the property was first used.

Grounds on Which a Landlord Can Evict a Tenant

To protect tenants, the law lists the grounds for eviction exhaustively. These grounds may arise from the landlord or from the tenant:

1. 1. Housing or Business Need (TCO Art. 350/1) The landlord may file an eviction lawsuit due to a housing or business need for themselves, their spouse, descendants, ascendants or persons they are legally obliged to support. The need must be genuine, sincere and compelling. In fixed-term leases, the lawsuit must be filed within one month of the end of the term.
2. 2. Major Renovation or Reconstruction (TCO Art. 350/2) Eviction may be requested if the property needs to be rebuilt, redeveloped or substantially renovated and cannot be used during these works. For buildings within the scope of urban transformation, the special provisions of Law No. 6306 apply.
3. 3. Need of the New Owner (TCO Art. 351) A new owner who later acquires the property may terminate the lease through a lawsuit filed six months later, provided that they notify the tenant in writing within one month of the acquisition. A new owner who does not give this notice can only file a lawsuit at the end of the lease term.
4. 4. Written Eviction Undertaking (TCO Art. 352/1) If the tenant has promised in writing to vacate the property on a specific date and has not done so, the landlord may request eviction by starting enforcement proceedings or filing a lawsuit within one month of that date.
5. 5. Two Justified Notices (TCO Art. 352/2) If, within one lease year, the tenant has caused two written and justified notices to be served on them for failing to pay rent on time, the landlord may file an eviction lawsuit within one month of the end of that lease year. Paying late does not remove this right.
6. 6. Tenant Owns a Home in the Same District (TCO Art. 352/3) If the tenant or their cohabiting spouse owns a habitable home within the same district or municipality, and the landlord did not know this when the lease was signed, an eviction lawsuit can be filed within one month of the end of the lease term.
7. 7. Non-Payment of Rent – Default (TCO Art. 315) If the tenant fails to pay rent that has fallen due, the landlord may give a written deadline and state that the lease will be terminated if payment is not made within it. For residential and roofed commercial premises this deadline is at least 30 days. In practice, this process is usually carried out through non-judicial eviction proceedings at the enforcement office (Enforcement and Bankruptcy Law Art. 269).

How Much Can the Rent Be Increased?

Under TCO Art. 344, the increase applied in a renewed lease period cannot exceed the 12-month average change in the Consumer Price Index (CPI/TÜFE) for the previous lease year, even if the parties agreed otherwise. The temporary 25% cap on residential leases applied between 2022 and 2024 ended on 1 July 2024; today the only upper limit is the CPI average. The current rate is announced monthly by the Turkish Statistical Institute (TÜİK).

When Should a Rent Determination Lawsuit Be Filed?

A rent determination lawsuit can be filed at any time. However, for the new rent to apply from the start of the current period, one of the following two conditions in TCO Art. 345 must be met:

• The lawsuit is filed within 30 days of the start of the new lease period, or
• The landlord notified the tenant in writing at least 30 days before the new period that the rent would be increased.

If these conditions are not met, the new rent set by the court only applies from the following lease period. Missing these deadlines can therefore cause a significant financial loss for the landlord.

Security Deposit Rules

• In residential and roofed commercial leases, the security deposit cannot exceed three months' rent (TCO Art. 342).
• If the deposit is given in cash, by law it is placed in a time deposit account at a bank; the bank releases it only with the tenant's consent, a finalized enforcement proceeding or a finalized court decision.
• If the landlord does not notify the bank in writing, within three months of the property being returned, that they have filed a lawsuit or started enforcement proceedings against the tenant, the bank must return the deposit at the tenant's request.

Mandatory Mediation in Rent Disputes

With Law No. 7445, since 1 September 2023, applying to a mediator before filing a lawsuit has been a precondition for litigation in disputes arising from a lease relationship. Claims such as eviction, rent determination, rent receivables and deposit refunds must first go through mediation. A lawsuit filed without applying to a mediator is dismissed on procedural grounds.

The exception to this rule is eviction requests made through non-judicial enforcement proceedings at the enforcement office (for example, proceedings based on unpaid rent or a written eviction undertaking). If the parties reach agreement in mediation, the signed agreement, once annotated as enforceable, has the effect of a court judgment.

For other rental law topics and our services in real estate disputes, see our Real Estate Law page, and for apartment and building management issues, see our Condominium Ownership & Apartment Disputes guide.