عاشق تركيا
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Important overview
A tenancy agreement in Türkiye is more than a document showing where you live. It is a legal agreement between a landlord and tenant, with rights and obligations governed by the applicable law.
This guide provides a general overview. It is not legal advice and does not replace a lawyer or an official source.
Before signing a tenancy agreement
Check the landlord’s identity and authority:Ask to see the title deed — Tapu — or evidence of the right to let the property.
Check that the person signing is the owner or a properly authorised representative.
Read the whole agreement:
Do not sign terms you do not understand.
Request a translation or help from someone with a good command of Turkish.
Inspect the flat before signing:
Check the water, electricity and gas installations, and the doors and windows.
Photograph the condition of the walls, floors, appliances and other relevant features before moving in.
Key points to check in the agreement
Tenancy dates:Check the start and stated end dates.
Understand when rent becomes payable and what the law and agreement say about ending or renewing the tenancy. A stated end date does not, by itself, give the landlord an unrestricted right to end a residential tenancy.
Rent and payment arrangements:
What is the monthly rent?
What provision is made for an annual increase, subject to the legal rules applicable at the time?
How will payment be documented? For residential and business rents, the rules introduced on 17 October 2024 require payment records through a bank or PTT. An informal cash receipt should not be treated as an equally valid alternative to that requirement. Keep the bank or PTT evidence. Paying cash into the landlord’s bank account at a branch, with the required identification and a rent-payment description, can satisfy the documentation requirement. Specific exceptions include payments through courts or enforcement proceedings and payments in kind, as set out in the official rules.
Security deposit — Depozito:
A deposit provides security for relevant damage or sums owed.
The agreement should clearly state the amount and the arrangements for its return at the end of the tenancy, subject to the legal rules governing deposits. Article 342 of the Turkish Code of Obligations limits agreed security for residential and roofed workplace tenancies to three months’ rent. Where security is money, the tenant deposits it in an interest-bearing savings account that cannot be withdrawn without the landlord’s consent, subject to the statutory release rules. The contract alone does not override these requirements.
Maintenance and responsibilities:
Clarify responsibility for major defects, such as problems with main installations.
Clarify routine maintenance, minor work and consumables.
The law and, where relevant, local practice govern these matters. Recording responsibilities clearly can reduce disputes, but a contract cannot displace mandatory legal protections.
General rights and responsibilities
The tenant should:Pay the rent when due.
Use the property carefully and in accordance with the agreement, without deliberately causing damage.
Respect neighbours and the building or residential complex’s rules on matters such as noise and shared facilities.
The landlord should:
Hand over the property in a condition suitable for the agreed residential use and meet the applicable ongoing obligations.
Respect the tenant’s right to use it during the tenancy.
Handle contractual matters and formal notices in accordance with the law.
When the tenancy is ending or you want to leave
Review the tenancy term and termination provisions:How much notice must you give?
What form of notice is required? Check the applicable written-notice rules and do not rely on an informal conversation alone.
Photograph the flat before handing it back:
Keep evidence of the condition in which you return it.
This can help clarify any disagreement about the deposit.
Discuss the return of the deposit:
Check whether there are substantiated claims for damage for which you are responsible.
Check outstanding electricity, gas or other bills payable under the agreement.
Resolve the account and follow the applicable deposit-release process. The landlord’s preference alone does not determine whether a deduction is lawful. Article 342 governs release by joint consent, final enforcement proceedings or a final court decision. If the landlord does not notify the bank in writing within three months after the tenancy ends that tenancy-related court, enforcement or bankruptcy proceedings have been started, the bank must return the security at the tenant’s request under the article’s conditions.
When to seek legal help
Professional advice is particularly useful where there is:A substantial dispute about rent or an increase.
An unjustified refusal to return the deposit.
A sudden attempt to evict you or unreasonable pressure to leave.
Consult a lawyer experienced in Turkish tenancy and property matters, or the competent official legal or dispute-resolution service. Check the correct route for the particular dispute rather than assuming every tenancy issue belongs before a consumer body.
Conclusion
Türkiye’s rental market is large and varied, but the essential precautions are straightforward:
Do not sign an agreement you do not understand.
Do not rely solely on verbal promises.
Keep your documents and evidence.
This is a general guide. For the precise rules applicable to your circumstances, consult:
The official legislation.
A qualified lawyer or relevant specialist.
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