Turkish Rental Laws: A Comprehensive Guide How to evict a tenant in Turkey?

In Turkish law, rental agreements—especially those concerning residential properties and roofed workplaces—carry substantial social and economic importance due to the high demand for rental housing, the need for stable housing options, and the significance of these agreements in shaping landlord-tenant relationships. With the enactment of the Turkish Code of Obligations No. 6098, significant reforms have been made to rental law, bringing about new regulations and changes. This article delves into the Turkish Code of Obligations as it pertains to residential and roofed workplace rentals, focusing on eviction cases due to necessity, as well as the rights and obligations of both landlords and tenants, and the termination of lease agreements.

Regulation of Residential and Roofed Workplace Rentals

Residential and roofed workplace rentals are governed by the second section of the fourth chapter of the Turkish Code of Obligations, which focuses on the general provisions regarding rental contracts, including tenant and landlord rights, responsibilities, and conditions for termination. The term "roofed real estate" used in previous legislation has been updated to "residential and roofed workplace." The Code introduces specific provisions that protect tenants while also granting certain rights to landlords.

Scope of Application

Article 339 of the Code broadens the application scope for residential and roofed workplace rentals. These provisions now apply not only to properties provided for tenants' use but also to rental agreements involving public institutions. Additionally, previous limitations, such as those applying only to properties within areas with municipal organization, ports, piers, and stations, have been removed. This means the regulations now encompass all residential and roofed workplace rentals, irrespective of their location within municipal boundaries.

Expanded Rights for Filing Eviction Lawsuits

Eligible Individuals for Eviction Lawsuits

Articles 350 and 351 of the Code have expanded the group of individuals eligible to file an eviction lawsuit due to necessity. In the past, only landlords, their spouses, or children could initiate eviction lawsuits. Under the new provisions, eviction can also be sought for the needs of the landlord, the person who subsequently acquires the rented property, their spouse, descendants, ascendants, or any person for whom they have a legal duty of care.

Termination of Rental Agreements

Under Article 347, landlords are granted the right to terminate a rental agreement without providing a reason after a ten-year extension period for fixed-term contracts or ten years after the start of indefinite-term contracts.

Requirements for Eviction Due to Need

For eviction lawsuits based on need, the need must be genuine and sincere—it should be necessary, rather than arbitrary or in bad faith. For example, a genuine and sincere need could be a landlord needing the property for their own use due to their current living situation being inadequate, whereas an arbitrary need might involve evicting a tenant simply to rent the property at a higher price. Each case is evaluated individually.

Landlord's Personal Circumstances

If a landlord resides in rented accommodation themselves, this serves as a basis for genuine need, enabling them to initiate an eviction lawsuit. Landlords residing with others can also file a lawsuit if they can demonstrate genuine necessity. This includes landlords working abroad who stay with relatives while in Turkey—their need can also be seen as legitimate.

Health-Related Needs

If a landlord's health condition necessitates moving into the rented property, the need is deemed valid. However, it must be demonstrated that the rented property is more suitable for their health requirements, supported by a medical report. General inconveniences, such as noise, pollution, or traffic, are not considered sufficient grounds.

Space Requirements

The need can also be based on insufficient space in the landlord's current property. For example, if the family has grown and the current residence is no longer adequate, moving into the rented property is considered a legitimate need, provided it is necessary and not merely about comfort.

Economic Factors

Economic factors can also justify an eviction based on need. If the expenses of maintaining the current property are unaffordable for the landlord and the rented property is less costly, this could be deemed a valid reason for eviction. However, the sole intention of obtaining more income is not regarded as sufficient.

Location-Related Needs

Location-related needs, such as proximity to a workplace or school, are generally insufficient on their own to justify an eviction. However, exceptions are made in metropolitan areas where commuting may take hours. In one case, the Supreme Court ruled in favor of a landlord needing proximity for a middle school student's education.

Newly Arising Needs

Eviction lawsuits can also be based on new needs, such as marriage, returning from abroad, transfer of job location, or a child beginning university. These needs must be both genuine and not yet realized. A need for a summer house may also be accepted if it is sincere.

Storage Needs

The Supreme Court has sometimes accepted the landlord's need to use the rented property for storing belongings as legitimate, provided that the situation is not being abused. To determine whether abuse is occurring, the Court considers factors such as the necessity of storage, the availability of alternative storage options, and whether the claim is being used as a pretext to evict the tenant for financial gain. It must be demonstrated that storing items in the rented property is mandatory and unavoidable.

Legal Entities and Housing Needs

In general, legal entities cannot file eviction lawsuits due to housing needs for their managers or personnel. However, companies or public legal entities may file lawsuits to meet their employees' housing needs, but the need must align with the legal entity's objectives and scope of activities.

Spousal Needs

An eviction lawsuit can also be filed on behalf of the landlord's spouse, provided they are still married at the time of the lawsuit. If the couple divorces during the proceedings, the lawsuit cannot continue. However, if a separation decision has been made, the lawsuit may still proceed.

Needs of Descendants and Ascendants

Article 350 permits landlords to file eviction lawsuits for the needs of their descendants, ascendants, or individuals they are legally obliged to care for, including children, grandchildren, parents, and grandparents. Adopted children are also covered under this regulation.

Workplace Needs

Filing for Workplace Needs

The landlord may also file an eviction lawsuit based on their own workplace needs or those of their relatives, provided that the need is genuine, sincere, and mandatory. Workplace-related needs are scrutinized more strictly compared to residential needs.

Unemployment or Job Change

A landlord being unemployed or about to leave their job constitutes a strong presumption of workplace need. However, the rented property must also be suitable for the new job. Efforts must be demonstrated in pursuit of a new job to support this claim.

Renting Another Workplace

If the landlord is currently renting another workplace, this does not automatically qualify as sufficient need—the need must be proven to be genuine and sincere. One condition required by the Supreme Court is either a threat of eviction from the current workplace or proof that the rented property is equally or more suitable.

Business Expansion

If the landlord's business is expanding and the current workplace becomes inadequate, this may justify an eviction for workplace needs. While earlier decisions from the Supreme Court did not recognize expansion purposes, more recent rulings do. It is essential, however, to assess whether the rented property is suitable for the intended business.

Legal Compliance for Workplace Needs

To justify workplace need, the rented property must be appropriate for the intended activity and must meet all legal requirements. For instance, if the job requires a license from the municipality, the rented property must be eligible for such a license.

Legal Entities and Workplace Needs

Legal entities may also file an eviction lawsuit for workplace needs, but only for activities specified in their founding documents. For example, a legal entity may file an eviction lawsuit if the rented property is needed for setting up an office or retail space, provided these activities align with its stated purpose. Courts must determine whether the rented property aligns with the legal activities of the entity before deciding on the lawsuit.

Eviction by New Owners

If a person subsequently acquires the rented property, they may also file an eviction lawsuit for need, provided they give written notice within one month of acquisition. The new owner must either wait six months before filing a lawsuit or file one month after the lease period ends. If less than six months remain, no waiting period is required.

Tenant Obligations During Return of Property

Tenants are required to return the rented property at the end of the lease in the same condition it was received, excluding normal wear and tear from appropriate use. Any clauses stating that the tenant will pay compensation beyond damages resulting from misuse are invalid.

Inspection and Notification

According to Article 335, the landlord must inspect the rented property at the time of return and notify the tenant immediately in writing of any damage or deficiencies they are responsible for. If this notification is not made, the tenant is relieved of liability. For hidden defects that cannot be determined by ordinary inspection, the tenant’s liability still continues.

Right of Retention

Article 336 gives landlords the right to retain movables located in the rented property that are used for furnishing or usage, as a guarantee for one year's accrued rent and six months of ongoing rent. This right does not apply to goods that cannot be seized. When the tenant intends to move or relocate such items, the landlord can retain sufficient goods to secure their claim with the decision of a justice of the peace or enforcement officer.

Security Deposit

If money or valuable documents are given as security, they must be deposited in a bank account. The bank can return this security only with both parties' consent or based on a final court decision. If the landlord does not file a lawsuit or initiate enforcement proceedings within three months of lease termination, the tenant can request the bank to return the deposit.

Prohibition of Re-Renting

According to Article 355, landlords cannot rent a vacated property to someone other than the former tenant for three years without just cause if the property was vacated for reasons of need. Violating this prohibition requires the landlord to compensate the former tenant with at least one year's worth of rent. Since this prohibition is mandatory in favor of the tenant, it cannot be altered to their detriment.

Frequently Asked Questions

1. How to evict a tenant in Turkey? / How do I remove a tenant from Turkey?

   
   

   To evict a tenant, mostly, landlords must provide written notice detailing the reasons for eviction and the timeframe for vacating the property. If the tenant does not comply, the landlord may initiate legal proceedings.

Under Article 352 of the Turkish Code of Obligations, a landlord must initiate an eviction lawsuit within one month after the lease term ends. If the lease is renewed annually, this lawsuit must be filed within one month following the end of the respective lease year.

2. What is Article 347 of the Turkish Code of Obligations?

   
   

   Article 347 addresses the eviction of tenants after 10 years from the start of the lease agreement, allowing the landlord to terminate the lease under specific conditions.

3. What are the new rental laws in Turkey 2024?

   
   

   Starting from January 1, 2024, new regulations have been introduced that govern the rental of residential properties for tourism purposes. Under these rules, rentals shorter than 100 days are classified as vacation rentals.

4. What is the new property law in Turkey?

   
   

   The minimum property value required for obtaining a residence permit has been increased from $75,000 to $200,000. The new law also emphasizes accurate property valuation and financial transparency.

5. How much can a landlord increase rent in Turkey? / What is the rent control in Turkey? / How much can a landlord increase rent in Turkey?

   
   

   For 2024, the rent increase rate is capped at 25%, based on Turkey's inflation rate determined by the Turkish Statistical Institute (TUIK). This cap applies to leases renewed between June 11, 2022, and July 1, 2024.

6. How long can you stay in Turkey if you own a property?

   
   

   Property owners in Turkey can apply for a short-term residence permit, which allows them to stay for up to two years. Proof of property ownership and sufficient financial resources are required for the application.

7. How long can you stay in Turkey without residence?

   
   

   Foreigners wishing to stay in Turkey for longer than their visa duration or visa exemption period, or for more than ninety days, must obtain a residence permit.

8. What are the new rules for residence permits in Turkey?

   
   

   Under recent regulations, individuals applying for a work permit in Turkey will be granted a residence permit for an initial six-month period, during which they are expected to complete the necessary paperwork for the work permit.

9. Is rental income taxable in Turkey?

   
   

   Rental income in Turkey is subject to progressive taxation. For 2024, the rates are: 15% for income up to 110,000 TRY, and 20% for income between 110,001 and 230,000 TRY.

10. Who can own property in Turkey?

    
    

    Foreign nationals can acquire property in Turkey and gain a residence permit by investing at least $200,000. Citizenship can be obtained by investing in properties worth $400,000 or more.

11. How to rent out property in Turkey? / What are the new rules for renting property in Turkey?

    
    

    To rent out a property, the owner must first obtain a Tax Identification Number (TIN). A rental agreement must then be drafted, specifying details such as the rent amount, payment terms, duration, and responsibilities for maintenance.

12. What is residency in Turkey real estate?

    
    

    Real estate residency allows property owners to live in Turkey legally and provides access to healthcare and education. It is a temporary residence permit that is generally renewable for one or two years.

13. What are tenants' rights in Turkey? / What are the rights of tenants in Turkey? / What is tenants' right in Turkey?

    
    

    Tenant rights in Turkey include protection against unjust evictions and the right to habitable living conditions. Landlords are responsible for maintaining the property and adhering to health and safety regulations.

Tenants have the right to privacy and peaceful enjoyment of their leased property. Landlords must notify tenants before entering, except in emergencies, and cannot evict them without proper legal grounds.

14. How long can my family stay in my apartment in Turkey?

    
    

    Family members are allowed to stay in rented properties for up to 100 days, provided the landlord has obtained the necessary permit.

15. Is subletting legal in Turkey?

    
    

    Tenants have the right to sublease the property to another person, provided the property is not damaged, and landlord approval is granted.

16. What is proof of accommodation in Turkey?

    
    

    Proof of accommodation can include hotel reservations or the address of a Turkish host, as well as proof of sufficient financial means to cover expenses during the stay in Turkey.