Practice area
Lease and Tenancy
Legal support on residential and commercial leases, from drafting the agreement to rent reviews, possession and tenancy disputes.
Scope
Tenancies of residential and covered commercial premises are governed in detail by the Turkish Code of Obligations No. 6098. The rights and duties of landlord and tenant depend to a large extent on a carefully drafted agreement and on notices being served in good time. Our firm assists owners and tenants from the drafting stage through to the resolution of any dispute.
- Drafting and reviewing residential and commercial lease agreements
- Rent adjustment and rent determination claims
- Possession proceedings based on a written undertaking to vacate, the landlord’s need or tenant default
- General guidance on agreements and permits for short-term letting
- Claims concerning deposits, service charges and ancillary costs
- Representation in mandatory pre-action mediation
Process
How it generally works
- Initial review
We examine the lease, payment records and correspondence between the parties to establish the current position.
- Notices
Where necessary, a formal notice is served through a notary and a timetable is set so that no deadline is missed.
- Mediation
In many tenancy disputes an application to a mediator is mandatory before proceedings can be issued; we represent the client in those sessions.
- Proceedings or enforcement
If no settlement is reached, possession, rent determination or debt proceedings are brought, or enforcement is started, as appropriate.
- Implementation
We follow up the implementation of the court decision or the mediated settlement.
- Lease agreement
- Title deed record or other proof of ownership
- Bank receipts for rent payments
- Any formal notices and proof of service
- Any written undertaking to vacate
- Handover report and photographs of the property
- Identity document and, where needed, a power of attorney
Questions
Lawyers working in this area
- Av. Defne Ertürkmen · TR EN DE
- Av. Kaan Ergüder · TR EN
- Av. Alina Gürsoy · TR EN RU
How is a rent increase determined?
A rent increase is primarily governed by the terms of the lease, subject to the statutory limits that apply to residential and commercial premises. For long-running tenancies, a rent determination claim may be brought to reset the rent by reference to comparable lettings. Which route is appropriate depends on the length of the tenancy and the circumstances.
Can I issue proceedings directly to recover possession?
The route depends on the ground for possession: in some cases enforcement proceedings are used, in others a court claim. In many tenancy disputes, an application to a mediator is mandatory before a claim can be issued. The ground for possession and the applicable time limits should therefore be assessed first.
As a foreign owner, may I let my property in Türkiye?
Foreign owners may let their property, although the tax treatment of rental income should be considered separately. For short-term letting, the permit and notification requirements and any restrictions in the building’s management plan should be reviewed in advance. Owners living abroad can handle these matters through a power of attorney.
This content is for general information only and does not constitute legal advice.