Why Do You Need A Lawyer to Buy or Sell A Real Estate?

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Whether you are a foreign person or company that will purchase real estate in Turkey for purposes such as obtaining citizenship or investing, or you are planning to sell your real estate in Turkey. Or, you are carrying out real estate transactions in the land registry in Turkey in order to acquire usufruct and similar rights in rem. In order to prevent any dispute or damage from occurring, it is vital to get information and legal support from a lawyer before and during the transactions.

As Viridis Legal Partners; with our team of real estate attorneys;  we are here to support you in buying or selling transactions; land, workplace, house; real estate of all kinds.

In this article, we aim to inform you about the points to consider when buying and selling real estate in Turkey and how we can support you.​

Introduction

As we begin this topic, we evaluate it important to share with you a brief information about the functioning of real estate law in Turkey and the importance of title deed records.

In Turkey, real estate ownership and title deed records and the legal protections provided by it are regulated within the scope of the Turkish Civil Code No. 4721. With various provisions of the said law, regulations have been introduced that the owner of the real estate is the person whose name is registered in the land registry and that the title deed records eliminate good faith.

For example;

“992- In immovable properties registered in the title deed, only the person whose name is registered can benefit from the right to file a lawsuit arising from the presumption of right and possession.

1002- The land registry is open to everyone.

Anyone who makes his/her interest credible may request that the relevant pages and documents in the land registry be shown to him in front of the land registry officer or that copies of them be given.

No one can claim that they do not know an entry in the land registry.

1022- Real rights arise by registration in the land registry; takes their order and dates according to registration.

1023- This acquisition of a third person who acquires ownership or another real right based on the registration in the land registry in good faith is protected. “

With the provisions of such articles above, the affinity between land registry records and real estate ownership is strongly expressed. 

To summarize; ownership of real estate is acquired by registration in the land registry. In other words, real estate ownership does not pass through a notary, through a written or verbal contract, or through turnkey delivery. It is passed through only registration of ownership in the title deed. No one can claim that they are not aware of a record in the land registry, and this gain of the third party who gains the right by relying on the land registry records is protected. If there is a court order, lien, mortgage or similar record on the immovable property, or if the immovable property is restricted by another real or relative right, you purchase the immovable property by accepting these restrictions appearing in the title deed. And if your right to ownership over the real estate is not clear from the title deed records, it will not be possible for you to assert these rights against third parties who have acquired rights by relying on the current records in the title deed.

Which Steps Should Be Taken Before Buying or Selling Real Estate in Turkey?

When buying or selling real estate, it is important to do preliminary research on the property. First of all, the title deed should be inquired on the targeted real estate and it should be checked whether there are any court injunctions, annotations, mortgages, liens or similar records. If there is such a record on the real estate, the owner of the real estate should be contacted to remove these records, or if a purchase is made with these records, an agreement should be reached with the real estate seller. In addition, if there is shared ownership on the real estate, it will be useful to examine the transactions made by the stakeholders on the real estate.

In the next stage, municipal records should be questioned to check whether there is any property tax, other taxes or debts on the real estate. In addition, it would be practical to question the zoning status of the property at this stage in order to prevent the acquisition of a property that is contrary to the zoning or plan and any subsequent damage.

Thirdly, we recommend that the property be seen on site and its current condition determined before purchasing, in order to avoid disputes that may arise due to defects and other issues.

What to Consider When Buying or Selling a House in Turkey

In accordance with the Turkish Civil Code, the following are recorded as immovable properties in the land registry:

1. Land,

2. Independent and permanent rights on real estate,

3. Independent sections subject to condominium ownership.

Houses mostly appear as independent sections that are subject to condominium ownership. Here, besides the Turkish Civil Code, another important legislation is the Condominium Law No. 634.

The following definitions are made in the said Law, and especially the definitions of condominium ownership and floor easement are important for our subject.

 “a)The whole of the real estate subject to condominium ownership (Main Real Estate); 

only the main building part (Mainstructure) and the parts of the main real estate that are suitable for separate and independent use and are subject to independent ownership in accordance with the provisions of this Law (Independent section); are outside an independent section and are directly To the places allocated to that section (Extension), to the property rights established on independent sections (Condominium ownership) and to those who have this right (Condominium owner);

b) Places outside the independent sections of the main real estate that serve for protection and common use or benefit (Common places); flat owners’ rights to benefit from these places in which they are shareholders as joint owners (Right to use);

c) The easement right established in accordance with the provisions of this Law by the owner or co-owners of that land for the independent parts of one or more buildings that will be built or are being built on land to be subject to condominium ownership in the future (floor easement); and to those who have this right (floor easement owner);

d) Common ownership shares of the land allocated to independent sections in accordance with the principle written in this Law (Land share);

e) Official document (Contract) regarding the establishment of condominium ownership or easement. “

Here, it would be appropriate to say that in terms of Turkish law, floor easement is prior to condominium ownership and it can be converted into condominium ownership with the building occupancy permit issued for the entire building upon the request of the parties.

In terms of a house that is an apartment, it would be appropriate to investigate before purchasing whether the title deed is a condominium title, that there is no land use in the case of zoning, and whether the square meter values shown in the title deed and the actual square meter values correspond to each other.

What Are the Issues to Be Taken Into Consideration When Buying and Selling Land or Agricultural Land in Turkey?

When evaluating the sale of land or agricultural land qualified real estate to foreigners in Turkey, various provisions of the Village Law No. 442, the Land Registry Law No. 2644 and the Soil Conservation and Land Use Law No. 5403 should be taken into consideration.

Although the principle of reciprocity in land sales to foreign real persons has been abolished in Article 35 of the Land Registry Law, the Presidency determines which country’s citizens will acquire real estate in Turkey. However, the surface area of real estate that foreign real persons can own in Turkey cannot exceed thirty hectares.

Article 87 of the Village Law, which prohibited foreigners from owning land in villages, was abolished. On the other hand, in order for foreigners to reside in villages, they must obtain permission from the Ministry of Internal Affairs in accordance with Article 88 of the same Law.

We would like to state that we repeat what we wrote above about real estate sales in this title.

At What Stage Is Payment Made When Buying and Selling Real Estate in Turkey?

In real estate buying and selling transactions, the stage at which the payment will be made may cause problems that challenge the trust between the parties. On the other hand, making the payment by means of a blocked check at the bank or by payment to the land registry office’s bank account provides the necessary security. In Turkey, payment is generally made after the parties have signed the title deed.

What are the Required Documents for Real Estate Buying and Selling in Turkey?

The documents required for title deed transfer transactions in Turkey generally consist of the following.

  • Original title deed and its photocopy
  • The original and photocopy of the identity card, with the TR ID number clearly visible
  • A passport photo of the buyer taken within the last 6 months
  • Document showing the current market value received from the municipality where the property is located
  • If there is someone authorized over the real estate, a power of attorney to prove this
  • Compulsory earthquake insurance certificate

With all these, also for foreign real persons; in land registry transactions, foreign country identity documents or passport documents issued by the competent authorities of the countries of the nationality of real persons of foreign nationality are the basis for identification and must be presented to the official during the application. In addition, in all sales transactions in which foreign real persons are parties, both as buyers and sellers, a valuation report showing the market value of the real estate must be submitted. This report must be prepared and approved by the valuation institution in accordance with international valuation standards. 

For foreign legal entities; it is necessary to submit an authorization certificate issued by the competent authorities of the countries in which they are affiliated, showing that the company is duly established and operates and that it is authorized to carry out the relevant title deed transactions. The original and certified translation of this document, which includes an apostille in accordance with the Hague Convention on the Abolition of the Obligation to Certify Foreign Official Documents dated October 5, 1961, and if there is no apostille annotation, the same documents containing the certification of the Turkish Consulate in that country must be sought.​

How Much Does Buying and Selling Real Estate in Turkey Cost?

The price to be paid in real estate buying and selling transactions in Turkey consists of title deed fee and title deed revolving fund payment. The title deed fee is collected at the rate of 20 per thousand separately for the seller and the buyer, based on the value declared for sale, not less than the declared real estate value declared by the municipality where the real estate is located.

Revolving fund payment varies depending on the local coefficient applied where the real estate is located.

Who is a Real Estate Lawyer? 

Real estate law is a branch of law that regulates the rights of people over immovable properties. A person who provides legal assistance within the scope of her/his expertise in matters and transactions related to real estate law is called a real estate lawyer.

What Does a Real Estate Lawyer Do in Turkey?

In the scope of buying and selling real estate, real estate attorneys deal with “real property” transactions, encompassing land and any permanent structures affixed. For foreigners looking to buy property in Turkey, this means:

  • Document Preparation & Review: A meticulous look at your home purchase contract, agreements with the seller or buyer, title, and transfer documentation.
  • Title Searches & Insurance: A thorough check for any outstanding claims or liens against the property, ensuring a hassle-free purchase.
  • Transaction Facilitation: Acting as a third party, they ensure the seamless transfer of funds and other transaction-related processes.

Likewise, the distinctive aspect of Turkish real estate laws, especially concerning foreigners, necessitates that a lawyer is well-versed in real estate law nuances.

Conclusion

With this article; We aim to emphasize the pivotal role of legal guidance in navigating real estate transactions in Turkey. Governed by the Turkish Civil Code, the ownership and title deed records form the core of property dealings. We highlight the various legal intricacies involved when purchasing or selling properties, ranging from condominium ownership laws for houses to specific regulations for land or agricultural land transactions, particularly for foreigners. The timing of payments, necessary documents, and the significance of having a real estate lawyer are crucial elements for ensuring a seamless transaction. 

As Viridis Legal Partners, our team of real estate attorneys in Istanbul is here to provide you with comprehensive support, facilitating a secure and successful real estate experience tailored to your individual needs.

How We Can Assist You

As Viridis Legal Partners, our team of experienced real estate attorneys is dedicated to providing comprehensive support for all your property transactions in Turkey. Whether you are a foreign individual or a company seeking to purchase real estate for citizenship, investment, or any other purpose, or if you are looking to sell your property in Turkey, our legal expertise is tailored to meet your specific needs. 

We offer assistance in navigating the complexities of Turkish real estate law, conducting thorough due diligence on properties, facilitating transaction processes, and ensuring legal compliance at every step. Our commitment is to safeguard your interests, prevent disputes, and provide you with the informed legal guidance necessary for successful real estate transactions in Turkey. 

Contact us for a seamless and secure experience in buying or selling various types of real estate, including land, workplaces, and houses.

Frequently Asked Questions

1. Why do I need a lawyer when buying or selling real estate in Turkey?

Whether you’re a foreign individual or company buying real estate for citizenship or investment, or selling property in Turkey, legal support is vital to prevent disputes. Viridis Legal Partners, with a team of real estate attorneys, can assist in various transactions and provide crucial legal guidance.

2. Who is a real estate lawyer, and why do I need one?

A real estate lawyer specializes in matters related to real estate law, assisting in legal aspects of property transactions. Their role includes document preparation, title searches, transaction facilitation, and ensuring legal compliance.

3. What does a real estate lawyer do in Turkey?

A real estate lawyer in Turkey handles document preparation, title searches, insurance, and facilitates the transaction process. They play a crucial role in ensuring a smooth and legally sound real estate transaction, especially for foreigners navigating Turkish real estate laws.

4. What specific considerations apply when buying or selling a house in Turkey?

Houses in Turkey are typically subject to condominium ownership laws outlined in the Condominium Law No. 634. It’s essential to investigate whether the title deed is a condominium title, confirm zoning compliance, and verify square meter values.

5. What legal aspects should be taken into account when dealing with land or agricultural land transactions in Turkey?

For land sales to foreigners, various provisions of the Village Law No. 442, Land Registry Law No. 2644, and Soil Conservation and Land Use Law No. 5403 should be considered. Foreigners are subject to specific regulations, and the surface area they can own is limited.

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Rents for Business Premises in Turkey

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A lease agreement can be defined as a contract in which the lessor undertakes to leave the use of a thing or the use and benefit from it to the lessee, and the lessee undertakes to pay the agreed rental price in return. 

In Turkish law, lease agreements are regulated under the Code of Obligations. The Code of Obligations regulates lease types under three main headings: ordinary leases, residential and roofed workplace leases and product leases. 

The definition of residential and roofed workplace is defined under Law No. 6570 on Real Estate Leases, which is not in force today, and this definition has been preserved and applied by Turkish jurisprudence. Accordingly, residential and roofed workplace refers to masonry real estates (excluding those without roofs) in municipalities, piers, harbours and stations. 

What Is A Bussiness Rent? 

A workplace can be defined as a place where professional or commercial activity is carried out. Accordingly, if a place is rented for the purpose of carrying out professional or commercial activities, workplace rents can be mentioned. 

It can be also referred to as commercial rents or workplace rents as well. 

Which Workplaces Can Be Considered As Roofed Workplaces under Turkish Law? 

According to the jurisprudence of the Court of Appeals, the dominant characteristic of the workplace and the person in the workplace are evaluated in determining whether the rent of a workplace falls within the scope of a roofed workplace. In many cases, the Court of Appeals, while determining the dominant characteristic, calculates the square metres and concludes that if the open area is more than the square metres, then the dominant characteristic is unroofed.

If we give examples, workplaces in the form of apartments or plaza floors, stores in shopping malls, multi-storey car parks with or without roofs, and roofed warehouses will be considered as roofed workplaces. 

On the other hand, workplaces suitable for uses such as open car parks, open-air cinemas, open-air entertainment venues, and concert areas will not be within this scope. 

On the other hand, workplaces such as fuel stations, which have both open and closed spaces, are not considered roofed workplaces in accordance with the case law of the Court of Appeals. 

What Are The Differences Between Ordinary and Roofed Workplace Rents? 

There are distinctive provisions in the aforementioned Law in terms of housing and roofed workplace agreements and ordinary lease agreements. In ordinary lease agreements, if the tenancy relationship continues despite the expiry of the fixed-term lease agreement, then the lease agreement may turn into an indefinite-term lease agreement. On the other hand, in the lease of residential and roofed workplaces, if the lease agreement is not terminated by the lessee with 15 days prior written notice, the contract will be deemed to be extended for 1 year under the same conditions. In ordinary leases, unless otherwise agreed in the contract, the lessee may sublease the leased property. However, it is not possible for the lessee to sublease the leased property without the written permission of the lessor in the lease of residential and roofed workplaces. 

In addition to all these, if the lease is within the scope of residential and roofed workplace lease, in accordance with the principle of “prohibition of regulation against the lessee”, the provisions of the Law in favour of the lessee in residential and roofed workplace leases are mandatory and the provisions of the contract made against them cannot be valid. 

Which Points Should Be Considered When Making A Workplace Rent Agreement in Turkey? 

In light of the above, it is important to first determine the nature of the place to be rented. Also, a comprehensive business premise rental contract should include details such as the identification of parties, property description, lease term, rent amount and payment details, maintenance responsibilities, termination conditions, and dispute resolution mechanisms. Additionally, specify the permitted use of the premises, insurance requirements, security deposit terms, and any unique provisions agreed upon by both the lessor and lessee.

Form of Contract:

In workplace leases, it should be preferred that the contract be in writing in order to prove its proof. In addition, depending on the need, it may be decided that the contract will be notarized or prepared by a notary.

The form of the contract is also important in terms of annotating the lease contract to the title deed. In real estate leases, it is possible to annotate the lease relationship in the land registry. In this way, the tenant can claim the lease agreement and its separate conditions against the new owners of the leased property. If the lease agreement is drawn up in the presence of a notary, it is possible for the tenant to make an annotation to the title deed with a unilateral application. If the contract is not drawn up in the presence of a notary, both the tenant and the lessor must apply to the title deed together in order for the lease agreement to be annotated in the title deed.

Party Information:

Party information must be included in the lease agreement. It will be useful to write the location information of the party and the leased person accurately and completely in the contract. Particularly the parties; If it is a company, documents such as tax certificates and signature circulars can be added to the lease agreement.

Surety:

By law, there is no obstacle to obtaining the rent with a guarantor. If there is a guarantor, their identity information must be added as they will be responsible like the tenant. However, for the guarantee to be valid, the upper monetary limit and duration of the guarantee must be clearly determined in the contract. Otherwise, the provisions regarding guarantee within the scope of the contract will be invalid.

Rental Fee and How It Will Be Paid:

The rental fee is one of the essential elements of the contract. Accordingly, it is important to write the net monthly and annual rent figures in the contract.

It should also be noted that; With Article 8 of the Bulletin on the Decision No. 32 on the Protection of the Value of the Turkish Currency (Bulletin No: 2008-32/34), Turkish residents are required to determine the rental fee and other payment obligations in foreign currency or indexed to foreign currency in the real estate rental contracts they will conclude. It is prohibited as a rule. Accordingly, the rental fee must be determined in Turkish Lira.

Although there are some exceptions to this prohibition, within the scope of these exceptions, in lease agreements where the rental fee is determined in foreign currency, there is a regulation stating that the rental fee will be changed in foreign currency unless 5 years have passed since the contract, provided that the provisions of the Law No. 1567 on the Protection of the Value of Turkish Currency are reserved. Determination with units has become disadvantageous. After 5 years, it is also possible to re-determine or update the rental fee through litigation, taking into account the change rate according to the CPI 12-month averages, the condition of the leased property, comparable rental prices and the change in the value of foreign currency.

Additionally, how the rent will be paid should also be written into the contract. According to Turkish legislation, it is mandatory for workplace rentals to pay the rent to the bank. For this reason, it is important that the bank account information to which the rent will be deposited is also included in the contract. In lease agreements, the parties can choose the rent payment time as they wish; annual, monthly or several-month periods; They can decide. It is important that the specified payment times are written into the contract.

Rent Increase Rate

Another important issue in lease agreements is the rent increase rate. The law does not allow the parties to freely determine the rent increase rate in residential and roofed workplace lease agreements and has introduced regulations that protect the tenant. Accordingly, the parties may determine the rent increase rate in the contract, provided that it does not exceed the rate of change in the consumer price index based on the twelve-month averages in the previous rental year.

Redetermination of the rental fee by the judge is only possible after 5 years have passed within the scope of the same contract.

Condition and Fixtures of the Leased Property:

Another important point is to write down the condition of the leased property at the time of the contract and the fixtures, if any. This issue is important for both parties in terms of how the leased property will be delivered at the end of the lease agreement.

Rental Period:

The duration of the contract must also be specified in the lease agreement. Generally, one-year periods are preferred. In this way, the determination of rental periods becomes easier and procedural errors are prevented in rent determination and eviction cases.

Penalty Clause:

In residential and roofed workplace leases, it is prohibited to impose any payment obligation on the tenant other than the payment of the rent and side expenses (heating, lighting, cleaning, security expenses for common areas, etc.). Accordingly, regulations stating that if the rent is not paid on time, the tenant will pay a penalty and the rent for other months will become due will be invalid.

Deposit:

The deposit, also known as the security fee, is one of the important elements of the rental agreement. Details of the deposit received as a security for the owner, how much it is and how it is given, should be written in the contract. The law states that the deposit can be a maximum of 3 months’ rent. Accordingly, the amount of the deposit received, the currency in which it was received, whether it was cash, promissory note, or check, and how it was given must be recorded in the contract.

Taxes: 

Some taxes may arise from the rental relationship. The first that comes to mind among these taxes are withholding tax, real estate, environmental and stamp taxes. It must be stated who will pay these and/or other taxes and how they will be paid. Traditionally, taxes arising from the leased real estate are left to the lessor, while taxes arising from its use are left to the tenant.

Conclusion

In conclusion, guiding the complexness of business premise rents in Turkey requires a comprehensive understanding of the legal framework governing lease agreements. The Code of Obligations, particularly under the scope of residential and roofed workplace leases, establishes specific regulations that differentiate them from ordinary lease agreements.

In preparing the contract, the nature of the workplace, contract form, party information, surety regulations, rental fees and payment methods, rent increase rates, conditions and fixtures of the rented property, rental periods, penalty terms and determination of deposits stand out as the main issues. Complying with Turkish legislation, such as regarding the prohibition of determining rental fees in foreign currency, is crucial. Ensuring adherence to these legal nuances will contribute to a secure business premise rental arrangement under Turkish Law. 

For further guidance on these legal aspects, consult our law firm’s expertise in real estate and business law.

How We Can Assist You? 

As Viridis Legal Partners, we understand the complexities and nuances involved in the legal landscape of business premise rents in Turkey. Our team of real estate attorneys and business lawyers in Istanbul provides tailored assistance to ensure that your business premise rental agreements comply with Turkish legislation and legal standards. Whether you need guidance on drafting comprehensive lease agreements, reviewing rental agreements, or navigating legal implications associated with the rental relationship, our lease agreement specialist attorneys are here to assist you. Our commitment is to provide you with thorough legal support, ensuring transparency, security, and compliance throughout the entire process. 

Contact us today to benefit from our expertise and ensure a smooth and legally sound business premise rental experience tailored to your specific needs.

FAQS 

1. What is a lease agreement, and how is it defined in Turkish law?

A lease agreement is a contract where the lessor allows the lessee to use a property in exchange for an agreed-upon rental fee. Turkish law, specifically the Code of Obligations, regulates lease agreements.

2. What are the different types of lease agreements under the Code of Obligations in Turkey?

Lease agreements in Turkey are categorized into ordinary leases, residential and roofed workplace leases, and product leases.

3. How is a roofed workplace defined under Turkish law?

According to Turkish jurisprudence, a roofed workplace includes masonry real estates in municipalities, piers, harbors, and stations, excluding those without roofs.

4. What is the definition of business rent, and how is it distinct from other types of leases?

Business rent, also known as workplace rent, involves renting a place for professional or commercial activities.

5. What are the differences between ordinary and roofed workplace rents in terms of lease agreement provisions?

Differences include the potential transformation of ordinary leases into indefinite-term leases and restrictions on subleasing in roofed workplace leases.

6. What factors should be considered when renting a workplace in Turkey?

Considerations include the form of the contract, party information, surety arrangements, rental fees and payment methods, rent increase rates, and legal compliance.

7. Is it mandatory for workplace rentals to pay rent through a bank in Turkey?

Yes, according to Turkish legislation, workplace rentals must be paid through a bank.

8. How are rental fees determined, and can they be in foreign currency?

Rental fees must be determined in Turkish Lira, and determining fees in foreign currency is generally prohibited, with exceptions subject to specific regulations.

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Eviction of the Lessee under Turkish Law

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In Turkish Law, the lease agreement is regulated under Article 299 and following the Turkish Code of Obligations (TCO). Residential and roofed workplace leases are regulated as a special type of lease agreement arising from the leased premises. For instance, while a residence or a store falls within this scope, a field or an unroofed parking lot will not be subject to these provisions. The eviction of this kind of leased premises is subject to more severe conditions. 

In the continuation of this article, the eviction issue in residential and roofed workplace lease agreements will be examined, and it is possible to evict the leased property due to the expiration of the ten-year period or through litigation or execution.

Eviction Case Due to the Expiration of the Ten-Year Period

Pursuant to Article 347/1 of the TCO, in residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the expiration of the term of the fixed-term contracts, the contract is deemed to be extended for one year with the same conditions. The landlord cannot terminate the contract based on the expiration of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that the landlord gives notice at least three months before the end of each extension year following this period.

If a term is not set when the lease agreement is concluded, the lessee may terminate the agreement at any time, and the landlord may terminate the agreement with a termination notice after ten years from the beginning of the lease, by complying with the termination period and notice periods. The legal termination period is the end of the six-month lease period and the termination notice period is three months. Accordingly, the landlord must give notice after the end of the sixth month and before the end of the ninth month of the one-year lease period at the end of ten years. The notification made without complying with these periods shall be valid for the next lease period.

A notice not made in writing is not valid. 

Eviction of the Tenant by Lawsuit or Execution

It should be noted that the lessor can only terminate the lease agreement based on the grounds for termination specified in the law. It is not possible to evict the tenant for a reason that is not included in the law. These reasons are shown below.

Eviction Case Due to the Lessor’s Need for Housing or Workplace

The lessor may terminate the lease agreement by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions regarding the lease for indefinite term agreements or at the end of the term for fixed-term agreements, if the landlord is obliged to use the leased property for himself, his spouse, his spouse, his descendants, his ascendants or other persons who are legally dependent on him due to the need for housing or workplace.

In order to terminate the contract for this reason, the lessor’s need for housing must be

real and sincere. If the landlord has other immovable properties available, it cannot be said that his need is sincere.

Eviction Cases for Reconstruction

The lessor may terminate the lease agreement by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions regarding the lease for indefinite term agreements or at the end of the term for fixed-term agreements, if it is necessary to repair, expand or change the lease for the purpose of reconstruction or construction of the lease and the use of the lease is impossible during these works.

In order for the contract to be terminated for this reason, the construction and reconstruction must be of a substantial nature and the use of the lease during this activity must not be possible.

Eviction Case Due to the New Owner’s Need

If the person who subsequently acquires the leased property is obliged to use it for himself/herself, his/her spouse, his/her descendants, his/her ascendants or other persons who are legally dependent on him/her, he/she may terminate the lease agreement with a lawsuit to be filed after six months, provided that he/she notifies the lessee in writing within one month starting from the date of acquisition.

The person who subsequently acquires the leased property may also exercise his right to terminate the contract due to necessity by filing a lawsuit within one month starting from the end of the contract period.

Eviction Based on Eviction Undertaking

If the lessee has undertaken in writing to vacate the leased premises on a certain date after the delivery of the leased premises but has not vacated the leased premises, the lessor may terminate the lease agreement by applying for execution or filing a lawsuit within one month starting from this date.

The document in which the lessee undertakes to vacate the leased property on a certain date is called an eviction undertaking. In order for this document to be valid, the document must be issued after the delivery of the leased property. An evacuation undertaking issued without the delivery of the leased property will not be valid.

Eviction of the Leased Property by Execution in Case of Non-Payment of the Lease Fee

In case of non-payment of the rent, the lessor may resort to enforcement or litigation for the collection of the receivable. On the other hand, in the enforcement law, a special procedure is regulated under Article 269 of the Enforcement and Bankruptcy Law, where the rent money can be demanded together with the evacuation of the lease. Accordingly, the tenant is given a 30-day period in terms of housing and roofed workplace rents and notified to pay the rent money, otherwise, the rent will be evicted. In the event that the rent is not paid and no objection is made to the proceeding, the lessor may request eviction with the lawsuit to be filed in the Enforcement Law Court.

Eviction Case Due to Non-Payment of Rent and Two Rightful Notices To Tenant,

Within the lease period; 

  • for lease agreements with a term of less than one year; 
  • for lease agreements of one year or more, within one lease year or
  • for a period exceeding one lease year,

the lessor may, within one month from the end of the lease term and, for leases of more than one year, from the end of the lease year in which the notices were given, terminate the lease agreement through a lawsuit, if the lessor has been given two justified notices in writing for non-payment of the rent.

Eviction On the Grounds that the Tenant or his/her Spouse has a Residence Within the Municipal Boundaries of the Same District or Town

In the event that the renter or his/her spouse has a residence suitable for habitation within the municipal boundaries of the same district or town, if the lessor does not know this at the time of the conclusion of the lease agreement, he/she may terminate the agreement through litigation within one month starting from the end of the agreement.

If the tenant is divorced or in the process of divorce or has been granted a separation order, the house owned by the spouse cannot be a reason for eviction.

Competent and Authorized Court in Eviction Cases

Lease eviction cases are filed at the Magistrate Civil Court where the leased property is located. 

How Long Do Eviction Cases Last

Depending on the workload of the courthouse where the leased property is located, lease eviction cases can last from 6 months to one and a half years.

How We Can Assist You

In Turkish law, rent disputes have intensified due to the inflationary environment in the economy and the rapid appreciation of real estate. 

As Viridis Legal Partners, we are at your side for the resolution of complex lease disputes and eviction processes with our expert team of real estate lawyers and lease law attorneys in İstanbul. 

Contact us to be your trusted legal support. 

FAQS

What are the grounds for eviction by lawsuit or execution under Turkish Law?

Eviction can occur based on specific grounds outlined in the law, including the lessor’s need for housing or workplace, reconstruction needs, new owner’s necessity, eviction undertaking, and non-payment of rent.

Can a lessor terminate a lease for any reason not specified in the law?

No, the lessor can only terminate the lease based on the grounds specified in the law; reasons not included are not valid.

How can a lessor terminate a lease due to the need for housing or workplace?

The lessor must file a lawsuit within one month, complying with termination and notice periods, and prove a real and sincere need for housing.

Under what conditions can a lease be terminated for reconstruction purposes?

The lessor can terminate the lease for reconstruction by filing a lawsuit if substantial construction or reconstruction is necessary, making the use of the property impossible during the works.

What is an eviction undertaking, and how can it lead to termination of the lease?

An eviction undertaking is a written commitment by the lessee to vacate the premises on a certain date. If the lessee fails to vacate, the lessor can terminate the lease through execution or a lawsuit.

Can a lessor evict a tenant for non-payment of rent under Turkish Law?

Yes, in case of non-payment of rent, the lessor can resort to enforcement or litigation, and eviction can be requested along with rent collection

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