Rental Law in Turkey: A Guide to Rent Increases, Eviction and Tenant Disputes
In Turkey, your landlord cannot raise the rent on a renewed lease by more than the twelve-month average change in the consumer price index (TÜFE), under Article 344 of the Turkish Code of Obligations. That single rule sits at the centre of most tenant-landlord disputes. This guide explains how rent increases, evictions, deposits and dispute resolution actually work, what changed when the temporary 25% cap expired, and what foreign tenants and landlords specifically need to watch.
Which Law Governs Rentals in Turkey?
Residential and roofed-workplace leases in Turkey are governed by the Turkish Code of Obligations (TBK, Law No. 6098) — the general lease provisions in Articles 299 and following, and the special protective rules for residential and roofed-workplace leases in Articles 339 to 356. These protective rules are largely mandatory. A landlord and tenant cannot contract out of the tenant's core protections, and any clause that worsens the tenant's position beyond what the law permits is generally invalid.
Lease disputes are heard by the Civil Court of Peace (Sulh Hukuk Mahkemesi) at the location of the property, regardless of the amount in dispute (HMK, Law No. 6100). Before most rental lawsuits can be filed, the parties must first attempt compulsory mediation (arabuluculuk). Foreign owners and tenants have the same procedural rights as Turkish nationals, and a properly authorised lawyer can act for you without you being in the country.
The Lease Agreement: What Should Be in It
A solid lease prevents most disputes before they start. At a minimum, a Turkish residential lease should clearly set out:
- The parties and their identification details (and the title-deed owner, if different from the landlord).
- The property, including the address and any furniture or fixtures included.
- The monthly rent, the payment date and method, and the currency.
- The lease term and start date.
- The security deposit and the conditions for its return.
- Responsibility for bills, building dues (aidat), maintenance and repairs.
Under TBK Article 343, the parties cannot lawfully change the lease to the tenant's disadvantage by side agreement, with one exception: a rent increase within the legal limits. This blocks landlords from inserting penalty or automatic-forfeiture clauses that a court would not enforce anyway.
If your lease is denominated in or linked to USD or EUR, have it checked. An unenforceable currency clause can upend how the rent and the annual increase are calculated.
How Much Can the Rent Increase Each Year in Turkey?
For a renewed lease, the rent increase cannot exceed the twelve-month average change in the consumer price index (TÜFE) published by the Turkish Statistical Institute (TÜİK). This is the ceiling under TBK Article 344, and it applies whether or not the lease contains an increase clause. Any agreed increase above the ceiling is void as to the excess — the lawful part stands, the rest does not.
How to calculate your rent increase
The rate is not a fixed annual number — it changes every month. You apply the twelve-month average TÜFE rate announced for the month before your renewal date.
- Find the rate: read the twelve-month average TÜFE for the month before renewal on the TÜİK website (it is published monthly).
- Apply it: new rent = current rent × (1 + the rate). For example, if your rent is 20,000 TRY and the applicable rate is 35%, the most the landlord may charge on renewal is 27,000 TRY.
For context, the monthly ceilings ran roughly 34–36% across late 2025 and early 2026, on a gradual downward trend — but always check the live figure for your own renewal month, because it moves.
The rent-determination lawsuit and the 5-year rule
Where the parties cannot agree, either side can bring a rent-determination lawsuit (kira tespit davası) so the court fixes a lawful, fair rent. The important point for landlords stuck below market: under TBK Article 344/3, once a tenancy has run for five years, the court may re-set the rent to a fair market level independent of the TÜFE ceiling, taking account of the property's condition and comparable rents. This is the main route for an owner whose rent has fallen far behind the market after years of capped increases.
How Much Deposit Can a Landlord Take?
Under TBK Article 342, a security deposit for a residential or roofed-workplace lease may not exceed three months' rent. A deposit demanded above that limit is reduced to three months by law. If the deposit is cash, it must be placed in a savings account at a bank in the tenant's name, and the bank cannot release it without the consent of both parties or a final court decision or enforcement proceeding.
At the end of the tenancy, the landlord may deduct unpaid rent, unpaid bills, or damage beyond normal wear and tear, and must return the balance. Disputes over withheld deposits are common and recoverable through mediation, the courts or enforcement if the landlord refuses without lawful grounds.
How a Landlord Can Lawfully Evict a Tenant in Turkey
Turkish law makes eviction limited and procedural. A landlord cannot end a tenancy simply because the fixed term has expired — the lease renews automatically. Eviction is available only on the grounds set out in the TBK. The main ones:
| Ground | Article | Notice / deadline | Route |
|---|---|---|---|
| Non-payment of rent | TBK Art. 315 | At least 30 days to pay after written notice | Eviction lawsuit or enforcement (İİK) |
| Two justified late-payment warnings in one lease year | TBK Art. 352/2 | Lease of 1 year or longer; sue within 1 month of the lease year's end | Eviction lawsuit |
| Owner's or family's genuine need | TBK Art. 350 | At lease-end or extension period | Eviction lawsuit |
| Reconstruction / major renovation | TBK Art. 350 | Works must make occupation impossible | Eviction lawsuit |
| New owner's genuine need | TBK Art. 351 | Notice within 1 month of purchase; suit within set deadlines | Eviction lawsuit |
| Tenant's written undertaking to vacate | TBK Art. 352/1 | A separate, dated written promise to leave | Eviction lawsuit or enforcement |
Eviction is enforced either through an eviction lawsuit before the Civil Court of Peace, or — for clear cases such as a written vacate undertaking or non-payment — through enforcement proceedings under the Enforcement and Bankruptcy Law (İİK, Law No. 2004). "Self-help" eviction — changing the locks or cutting utilities — is unlawful and exposes the landlord to liability.
The Two Eviction Tracks: Lawsuit vs Enforcement (İİK)
For non-payment, a landlord has two distinct routes, and choosing well saves months.
1. Enforcement-based eviction (icra yoluyla tahliye)
The landlord starts an enforcement proceeding for the unpaid rent. The enforcement office serves the tenant a payment order with an eviction warning under İİK Article 269. The tenant then has:
- 7 days to object to the debt, and
- 30 days to pay the overdue rent in full.
If the tenant neither objects in time nor pays within 30 days, the landlord can ask the enforcement court to order eviction. If the tenant objects, the landlord applies to have the objection removed before eviction can proceed. This track is generally faster and is the usual choice for clear non-payment.
2. The eviction lawsuit (tahliye davası)
The court route is used for the other grounds — genuine need, reconstruction, new-owner need, the two-warnings ground under Article 352/2, and contested cases. It is slower but necessary where the facts are disputed.
For the underlying recovery of arrears and how the enforcement system works in practice, see our guide on how debt enforcement (icra) works in Turkey, our service on recovering unpaid rent through enforcement in Turkey, and our note on what to do when a tenant stops paying rent.
Tenant Rights and Notice Periods in Turkey
Tenants carry firm rights as well as obligations.
Ending the lease. A residential tenant who wants to leave must give at least 15 days' written notice before the end of the lease term (TBK Art. 347); otherwise the lease renews for another year on the same terms. A tenant who leaves early may stay liable for rent for a reasonable re-letting period until a suitable replacement tenant could be found.
The term does not end the lease. A residential lease does not end just because its fixed term expires — it renews automatically, and the landlord can only end it on the limited statutory grounds above. The one structural exception sits in TBK Article 347/1: after the tenancy has been extended for ten years, the landlord may give notice to terminate at the end of each following lease year without showing any reason, provided proper notice is given.
Repairs and defects. The landlord must deliver and maintain the property fit for its agreed use. Major and structural repairs fall on the landlord; minor upkeep tied to ordinary use falls on the tenant. Where serious defects go unfixed, the tenant has remedies under TBK Articles 305 to 307, including a proportionate rent reduction, having the defect repaired and set off against the rent, and in serious cases termination.
Subletting. A tenant generally cannot sublet or assign the lease without the landlord's consent for residential property; doing so can itself be a ground to end the tenancy.
What Foreign Tenants and Landlords Need to Know
You have the same substantive rights as Turkish nationals — but a few practical points decide how smoothly things run when a party lives abroad.
- Acting through a power of attorney. You do not need to be in Turkey. A Turkish lawyer can run mediation, litigation and enforcement on a notarised and apostilled power of attorney issued from your home country (and translated into Turkish). Getting the POA wording right at the outset avoids delays later.
- Rental-income tax for landlords. Rental income from Turkish property is taxable in Turkey even if you live abroad. Non-resident landlords file an annual declaration (generally 1–31 March for the previous year) through a tax representative. Residential rent has an annual exemption (around 47,000 TRY for 2026 — confirm the current figure). Where the tenant is a company, 20% withholding (stopaj) is deducted at source on commercial rent and paid to the tax office — but that does not by itself discharge your filing obligation.
- Double-taxation treaties. Turkey has treaties with many countries that can prevent you being taxed twice on the same rent — check the treaty between Turkey and your country of residence.
- Foreign-currency rent. As above, an FX-denominated rent is only lawful where a non-resident is a party; otherwise the rent must be in Turkish lira.
- Mediation and litigation from abroad. Compulsory mediation and court hearings can both proceed with your lawyer representing you; you are rarely required to attend in person.
Resolving Disputes: Mediation, Lawsuits and Enforcement
Most rental conflicts in Turkey now follow a clear path:
- Negotiation and notice. Many issues are resolved by a properly drafted notice through a notary (ihtarname), which also preserves your legal position and starts statutory clocks running.
- Compulsory mediation. Since 1 September 2023 (Law No. 7445 amending the Mediation Law No. 6325), mediation is a precondition for most rental disputes — rent receivables, rent determination, adaptation, deposit and return/eviction claims — before you can file at the Civil Court of Peace.
- Litigation. The Civil Court of Peace decides eviction, rent-determination and related claims.
- Enforcement (icra). A judgment, or in clear cases a direct enforcement track, recovers unpaid rent or carries out an eviction.
Because deadlines for notices, objections and lawsuits are strict and unforgiving, getting advice early is the single most effective way to protect your position. To discuss your tenancy or an ongoing dispute, see our Istanbul real estate and lease-dispute lawyers or contact our team.
Frequently asked questions
How much can my landlord raise the rent each year in Turkey?
Annual increases for a renewed residential lease cannot exceed the twelve-month average change in the consumer price index (TÜFE) published by TÜİK, under TBK Article 344. You apply the rate announced for the month before your renewal. Any agreed increase above that ceiling is invalid as to the excess.
Is the 25% rent increase cap still in effect in Turkey in 2026?
No. The temporary 25% cap on residential rent increases applied only to renewals between 11 June 2022 and 1 July 2024. It expired on 1 July 2024 and was not extended. Since then, the only ceiling is the twelve-month average TÜFE rate under TBK Article 344.
Can the landlord increase rent above the TÜFE rate after 5 years?
Yes, potentially. Under TBK Article 344/3, once the tenancy has run for five years, either party can bring a rent-determination lawsuit, and the court may set the rent at a fair market level independent of the TÜFE ceiling, looking at the property's condition and comparable rents. This is the main route for a landlord whose rent has fallen below market.
Can a landlord evict me just because the lease term ended?
No. A residential lease does not end automatically when its fixed term expires; it renews on the same terms. A landlord can only evict on specific legal grounds, such as non-payment after notice, genuine need of the owner or close family, major reconstruction, a new owner's need, or a written undertaking by the tenant to vacate.
How long does an eviction case take in Turkey?
It depends on the route. Enforcement-based eviction for clear non-payment (İİK Article 269) is generally faster, especially if the tenant does not object. A contested eviction lawsuit before the Civil Court of Peace usually takes longer, and compulsory mediation must be attempted first for most grounds. Timelines vary by court workload and whether the tenant objects, so no fixed duration can be promised.
What is the maximum security deposit a landlord can ask for?
For residential and roofed-workplace leases, the deposit may not exceed three months' rent under TBK Article 342. A cash deposit must be held in a bank account in the tenant's name and cannot be released without both parties' consent or a final court or enforcement decision.
Do I have to try mediation before suing over a rental dispute?
In most cases, yes. Since 1 September 2023, compulsory mediation is a precondition for most rent, deposit, rent-determination and eviction claims before you can file at the Civil Court of Peace. The key exception is enforcement-based eviction for non-payment under İİK Article 269, which does not require prior mediation.
Can a foreign landlord be taxed on rental income in Turkey?
Yes. Rental income from Turkish property is taxable in Turkey even if you live abroad. Non-resident landlords generally file an annual declaration in March through a tax representative, residential rent has an annual exemption, and 20% withholding (stopaj) applies on commercial rent where the tenant is a company. A double-taxation treaty with your home country may prevent you being taxed twice.
Can a foreigner be a landlord or tenant in Turkey and use these protections?
Yes. Foreign owners and tenants have the same rights and obligations under the Turkish Code of Obligations as Turkish nationals, and can be represented by a Turkish lawyer through a notarised, apostilled power of attorney without needing to be in the country.