Rental Dispute Resolution and Mediation in Turkey: A Guide for Foreign Tenants and Landlords

Rental dispute resolution in Turkey now starts with mandatory mediation: since 1 September 2023, you must attempt mediation before a court will hear most lease cases, including eviction, rent determination and unpaid-rent claims. This guide explains how those disputes are resolved, the exact statutes that govern them, the rent caps, deposit limits and eviction grounds, and what foreign tenants and landlords should expect at each stage.

How Rental Disputes Are Governed in Turkey

Residential and roofed-workplace (commercial) leases in Turkey are governed mainly by the Turkish Code of Obligations (TBK, Law No. 6098), articles 299 to 356, which form the backbone of lease law. Court procedure runs under the Code of Civil Procedure (HMK, Law No. 6100), and enforcement of eviction and unpaid rent runs through the Enforcement and Bankruptcy Law (İİK, Law No. 2004).

One feature foreigners must understand: the TBK is heavily protective of tenants. Many of its provisions cannot be waived in the contract, and a clause that disadvantages the tenant beyond what the law allows is generally void. A foreign landlord therefore cannot simply rely on what the signed lease says; the statute often overrides it. Getting the contract right at the outset matters, which is why we set out the drafting points in our guide to drafting a Turkish lease agreement.

Mandatory Mediation Comes First

This is the single most important procedural change for anyone facing a rental dispute today. Since 1 September 2023, mediation is a compulsory pre-condition to suit (dava şartı arabuluculuk) for most lease-related cases. The rule was added by Law No. 7445, which amended the Mediation Law (HUAK, Law No. 6325). You cannot go straight to court: you must first attempt mediation, and the court will reject a case filed without it.

Which disputes require mediation first

• Eviction of a tenant (tahliye), including disputes arising from lease termination.
• Determination of the rent amount (kira tespiti) and disputes over rent increases.
• Claims for unpaid rent and related receivables.
• Disputes over the return of the security deposit and other monetary claims between the parties.

Which route does NOT require mediation first

This distinction trips up many landlords. If you pursue eviction through enforcement proceedings rather than a lawsuit, no pre-suit mediation is required. Two common enforcement routes are eviction based on a written lease where the rent is unpaid (ilamsız icra / tahliye under the İİK) and eviction based on a notarized vacate undertaking (tahliye taahhütnamesi). These run through the enforcement proceedings for unpaid rent at the icra office, not the litigation track. If the tenant objects and the matter is pushed into a lawsuit, the mediation requirement can then apply.

How the mediation process works

A party applies to the mediation office (arabuluculuk bürosu) at the competent courthouse. A mediator is appointed and sessions are scheduled, usually within weeks. Mediation is confidential and far faster than litigation. If the parties settle, the signed mediation agreement carries the force of a court judgment and can be enforced directly.

If mediation fails, the mediator issues a final minutes document (son tutanak) confirming no agreement was reached. This document must be attached to the court petition; without it the lawsuit is procedurally inadmissible.

The mediation-first regime is now settled and routinely applied. Turkish appeal courts and the Court of Cassation have produced a steady line of 2025 and 2026 decisions dismissing lease cases filed without the mediation step, so this is not a formality you can skip.

Why "Arbitration" Is Usually the Wrong Word

Many guides loosely call rental dispute resolution "arbitration." In Turkish law that is misleading. True arbitration (tahkim) under the HMK and, for international matters, the International Arbitration Law (Law No. 4686), is a private process where the parties agree to have an arbitrator decide instead of a court. For consumer-style residential leases this is generally not available, and arbitration clauses in tenant leases are usually unenforceable, because HMK article 408 excludes disputes over rights in rem on immovables and matters the parties cannot freely dispose of, and because the TBK's tenant-protective rules are mandatory.

What actually applies to rental conflicts is mandatory mediation followed by the civil courts, not arbitration. Arbitration may have a limited role only in high-value commercial lease agreements between sophisticated business parties who expressly agree to it. For most foreign tenants and landlords, the realistic path is mediation, then the Civil Court of Peace (Sulh Hukuk Mahkemesi), which has exclusive jurisdiction over lease disputes under HMK article 4.

Mediation vs. Court vs. Arbitration at a glance

Rent Increase Caps and Rent Determination

Under TBK article 344, annual rent increases for renewed leases cannot exceed the twelve-month average change in the consumer price index (CPI / TÜFE). Any clause demanding more than that is reduced to the legal limit.

A separate temporary cap applied during the inflation years. TBK Provisional Article 1 capped residential rent increases at 25% from 11 June 2022, and the covered period was extended to run until 1 July 2024. For periods from 2 July 2024 onward, increases revert to the CPI rule of article 344.

How the CPI cap works in practice

Say your rent is 20,000 TL and the relevant twelve-month average CPI figure on your renewal date is 60%. The lawful maximum increase is 60%, so the rent can rise to at most 32,000 TL. If your lease names a fixed percentage higher than the CPI average, only the CPI figure applies; if it names a lower percentage, the lower agreed figure governs. Always check the official figure for your exact renewal month before accepting an increase.

Either party may also file a rent determination case (kira tespit davası) to have a court set a fair market rent. This is generally available where the lease has run five years, or where conditions have changed materially, and the court sets the rent in line with current market levels and equity.

Security Deposits and Foreign-Currency Rent

The deposit cap and blocked account rule

Foreign tenants are often asked for large deposits. The law limits them. Under TBK article 342, a security deposit for a residential or roofed-workplace lease cannot exceed three months' rent. If the deposit is money or negotiable instruments, it must be placed in a bank savings account that the landlord cannot withdraw without the tenant's consent, and the bank cannot release it to either side without both parties' agreement or a final court decision or enforcement order.

Can rent be charged in USD or EUR?

This matters to foreigners who assume a dollar or euro lease is fine. Under Decree No. 32 on the Protection of the Value of Turkish Currency (issued under Law No. 1567), contract values and payments in many agreements between persons resident in Turkey must be in Turkish lira. Residential lease payments between residents generally must be in TL, and many commercial leases are caught by the same restriction. Whether you can lawfully agree a foreign-currency rent depends on the residency status of the parties and the type of lease, so check this before signing rather than after a dispute starts.

Eviction Grounds and How Eviction Works

Eviction in Turkey is strictly regulated, and a landlord cannot simply ask a tenant to leave. Each lawful ground has its own statutory basis and its own deadlines.

• Genuine housing or business need of the owner or close family — TBK articles 350-351. The need must be real and the landlord may face a re-letting ban if it was a pretext.
• Two justified written warnings for late or non-payment in one lease year — TBK article 352/2. If the landlord serves two valid written warnings for unpaid rent within a single lease year, an eviction suit can follow. We explain the strict requirements in our guide to the two justified written warnings under TBK 352.
• The tenant's written undertaking to vacate (tahliye taahhütnamesi) — TBK article 352/1. A written, dated undertaking given after the lease begins lets the landlord evict on the stated date, enforceable through the icra office.
• Termination after a ten-year extension period — TBK article 347/1. After the ten-year extension period, the landlord may end the lease without cause at the end of each renewal year on three months' notice. See our detailed guide to eviction after a ten-year tenancy.

The notarized vacate undertaking, in detail

A tahliye taahhütnamesi is a powerful tool but easy to get wrong. To be relied on, it should be in writing, signed by the tenant, and dated after the lease started rather than at signing (an undertaking signed at the start of the lease is often challenged as not freely given). When the stated date arrives and the tenant stays, the landlord can start enforcement; if the tenant disputes the document, the matter can move to court. Have the undertaking checked before you rely on it.

Court Process, Enforcement and Self-Help

If mediation does not resolve the matter, the dispute proceeds to the competent Civil Court of Peace where the property is located. The losing party may appeal to the Regional Court of Appeal (İstinaf) and, in limited cases, to the Court of Cassation (Yargıtay). Our real estate law team can represent foreign clients in these lease disputes before the Turkish courts.

An eviction judgment does not enforce itself. The successful party must apply to the enforcement office (icra dairesi) under the İİK to carry out the eviction. Timing depends on the case: enforcement can be stayed pending appeal where the law allows (İİK article 36 governs postponement of enforcement). There is no general TBK rule guaranteeing a fixed grace period after every judgment, so do not assume an automatic delay; the actual timeline turns on the enforcement file and any stay.

Short-term and furnished rentals (Airbnb-style)

Expats who sublet or rent furnished flats short-term should note that short-term tourism rentals are now licensed under Law No. 7464, in force since 2024. Renting a residence to tourists for under 100 days generally requires a permit from the Ministry of Culture and Tourism, and unlicensed short-term letting can attract administrative fines. Check the licensing position before advertising a flat for short stays.

Practical Tips for Foreigners

• Keep a written lease and proof of payment. Pay rent by bank transfer with a clear description so you can prove what was paid and when.
• Document the property's condition. Photographs and an inventory at move-in protect you in deposit disputes.
• Mind the deadlines. Objecting to a rent increase, responding to an enforcement order, and filing within statutory windows are all time-limited; missing a deadline can cost you the right.
• Do not ignore mediation invitations. Non-attendance can leave you bearing the mediation costs and weakens your position later.
• Get a Turkish lawyer early. A foreign party can act entirely through a lawyer holding a notarized or apostilled power of attorney, without traveling for every hearing.

If you are dealing with a lease conflict, we can represent you in mediation, before the courts and through the enforcement office. Reach out through our contact page for an assessment of your situation, and read our real estate law services for the wider picture.

Frequently asked questions