Deposit, rent increases, termination and eviction undertakings under the Turkish Code of Obligations.
The rental contract is the most important document that sets out the rights of landlord and tenant. The Turkish Code of Obligations provisions on residential lettings draw a framework that protects both parties. Below are the most frequently asked questions.
How large can the deposit be?
By law, the security (deposit) that can be taken from the tenant is at most three months' rent. The deposit must be held in an interest-bearing bank account opened by the landlord in the tenant's name and is returned to the tenant at the end of the contract. If there is damage, the proven loss is deducted and the rest is paid.
How is the rent increase determined?
In renewed rental periods, the increase cannot exceed the twelve-month average CPI of the previous rental year. A clause providing for more is invalid even if it is included in the contract. At the end of the five-year term, the judge may re-determine the rent on the basis of comparables and fairness.
Contract term and termination
A fixed-term contract is extended for one year on the same terms at the end of the term if neither party gives notice. The tenant can end the contract with notice at least 15 days before the end of the term. The landlord can terminate only for legal reasons (compelling need for the home for themself, spouse, descendants or ascendants, reconstruction or major repair).
Eviction undertakings
Eviction undertakings obtained before the property is delivered are not valid; only undertakings given after the tenant has received the home are taken into account. Asking for such an undertaking when signing the contract may therefore be unlawful and also affects the tenant adversely.
Inventory report and utilities
A photographic inventory report prevents damage disputes at move-out. Electricity, water and gas subscriptions should be opened in the tenant's name and closed at the end of the contract, with a no-debt certificate obtained.
This article is general information and does not replace legal advice; consult a lawyer for special situations.
Practical tips for landlords
When selecting a tenant, check ID, proof of income and references; prepare the contract in writing and signed, and collect rent by bank transfer. Do not forget to declare your rental income within the legal period and give the annual increase notice on time. A property management service can carry out all these steps on your behalf.
Practical tips for tenants
Before signing the contract, check the title deed or the owner's ID, ask whether there are dues or bill debts, keep the receipt for every payment and take over the home with a photographic report. Submitting repair requests in writing gives evidence in any later dispute.