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FAQs on Lease Agreements in Turkey

1. What is a lease agreement under Turkish law?

A lease agreement is a contract where the lessor (landlord) grants the lessee (tenant) the right to use a property in exchange for rent. While primarily creating personal rights, it can be registered in the land registry under Article 312 of the Turkish Code of Obligations (TCO) to protect against third parties.​

 

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2. What are the main types of lease agreements in Turkey?

Lease agreements in Turkey are categorised into three main types:

  • Ordinary Leases

  • Residential and Roofed Workplace Leases (regulated by Articles 339–356 of the TCO)

  • Product Leases

This FAQ focuses on Residential and Roofed Workplace Leases due to their specific legal protections for tenants.​

 

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3. Is a written lease agreement required for validity in Turkey?

No, lease agreements do not need to be in writing to be legally binding. However, verbal leases must be proven to enforce their terms. For legal clarity and enforceability, CCS Law strongly recommends a written agreement.

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4. What happens if a fixed-term lease expires without termination?

If neither party issues a written termination notice 15 days before the contract’s expiry, the lease is automatically renewed for one year under the same conditions.​

 

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5. Can tenants sublet or transfer their lease in Turkey?

  • Subletting: Allowed only with the landlord’s written consent (TCO Article 322).

  • Lease Transfer: Tenants may transfer their lease with the landlord’s written approval. The landlord cannot unreasonably refuse consent and retains limited liability for two years after the transfer.

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6. What is the legal framework for rent increases in Turkey?

Under Turkish law, rent increases cannot exceed the average annual Consumer Price Index (CPI) for the preceding 12 months. For leases exceeding five years, the rent can be adjusted by a court to reflect CPI changes and market conditions.

 

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7. What is a security deposit (depozito), and how is it handled?

The security deposit cannot exceed three months’ rent and must be:

  • Deposited in an interest-bearing bank account.

  • Claimed only upon lease termination and only if there is mutual consent, a court order, or enforcement proceedings.
    If the landlord does not initiate legal action within three months of termination, the bank must return the deposit to the tenant.

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8. How is rent determined for commercial leases?

Commercial leases can include turnover rent, where rent is tied to the lessee’s business revenue. This is common in retail and hospitality leases.

 

 

9. What are the grounds for terminating a lease in Turkey?

Tenants can terminate a lease with a 15-day notice at the end of the term. Landlords, however, can terminate leases only under specific circumstances, such as:

  • Personal Need: For their use or their dependants.

  • Major Repairs or Reconstruction: If the property is uninhabitable during renovations.

  • Transfer of Ownership: New owners can terminate six months after purchase if they need the property.

 

 

10. What are a tenant's liabilities for early termination?

If a tenant terminates a lease early without valid grounds, the landlord can claim compensation for lost rent under TCO Article 325. However, the landlord must make reasonable efforts to re-rent the property to minimise losses.

 

 

11. Why should I consult a lawyer for lease agreements in Turkey?

A lawyer ensures your rights are protected by:

  • Drafting and reviewing agreements.

  • Ensuring compliance with Turkish laws.

  • Resolving disputes.
    CCS Law provides expert legal guidance for both landlords and tenants to navigate complex lease agreements.

 

 

12. How can CCS Law assist with lease agreements in Turkey?

CCS Law offers tailored services, including:

  • Drafting and reviewing lease agreements.

  • Advising on rent increases and deposit management.

  • Handling disputes and lease terminations.
    Our team ensures your interests are safeguarded under Turkish law

 

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