Landlords in Türkiye cannot treat a tenant as an unlawful occupier simply because the end date in a rental contract has passed, lawyers have reminded property owners, amid a rise in disputes driven by fast-rising rents.
In a post on the social media platform X, the Istanbul law firm Eyüpoğlu & Işıkgör said that for homes and covered workplaces, the expiry of the term written in a lease does not end the rental relationship.
Automatic one-year renewal
Under the Turkish Code of Obligations, if the tenant does not notify the landlord at least 15 days before the end of the contract that they intend to leave, the lease is deemed renewed for another year on the same terms. This continues year after year. The rule protects tenants and applies whether the tenant is Turkish or foreign.
Because the lease is still valid, the lawyers said, a landlord who sues a tenant whose contract has formally expired for ‘ecrimisil’, compensation for unlawful use of property, is likely to lose. If a continuing tenancy is proven, the court will reject the claim, and the landlord can only demand the agreed rent.
Eviction needs a legal ground
A landlord who wants the property back must instead rely on one of the specific grounds for eviction listed in the law, the firm said. These include the owner’s or a close relative’s genuine need to live in the property, major renovation or reconstruction, repeated late payment, or a written undertaking by the tenant to vacate. Landlords can also end a tenancy without stating a reason only after a 10-year extension period has passed.
Many such disputes now go first to mandatory mediation before reaching a court.
Why the issue keeps coming up
Rent disputes have multiplied since prices surged in recent years. New Istanbul rents rose 35.5% on the year in September, and rents are climbing again in places such as quake-hit Hatay. Some owners, faced with tenants paying well below market rates, have tried to force them out by claiming occupation after a contract’s end date.
Foreigners renting in Türkiye should keep a written, signed lease and proof of payment by bank transfer, which are also useful for residence permit applications. Our cost of living guide gives current rent ranges by city. This article is general information, not legal advice.
Sources
Photo: Maurice Flesier / CC BY-SA 4.0, via Wikimedia Commons
