Landlord–Tenant Disputes in Türkiye: Rent Increases, Eviction, Tenant Rights and Mandatory Mediation
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Residential and commercial tenancy disputes in Türkiye frequently concern rent increases, non-payment, eviction requests, security deposits and the continued use of leased premises. Turkish tenancy law balances landlords’ contractual rights with statutory protections afforded to tenants. Many disputes must pass through mandatory mediation before a lawsuit can be filed. The correct remedy depends on the type of lease, asserted grounds and procedural requirements.
1. What Rights Do Landlords and Tenants Have?
For residential and roofed commercial premises, the Turkish Code of Obligations contains mandatory rules governing rent, renewal, termination and other obligations. A landlord may generally require rent payment and contractual compliance, while pursuing termination only on legally recognised grounds. A tenant is generally entitled to use the premises in accordance with the agreement and cannot be evicted merely because the landlord wishes to increase rent or replace the tenant. Tenant protection does not eliminate obligations to pay rent, avoid prohibited conduct or vacate where a legally valid termination has been established.
2. Rent Increases and Rent Determination Lawsuits
Article 344 of Law No. 6098 regulates rent determination for residential and roofed commercial premises. For ordinary renewal arrangements, the applicable statutory reference is the twelve-month average change in the Consumer Price Index (TÜFE), subject to current law and the rental relationship. A landlord cannot simply impose a higher increase because the market value has risen.
After five years: For leases lasting longer than five years or renewed after five years, Article 344 establishes a separate framework for judicial rent determination. The court may consider the twelve-month average CPI change, property’s characteristics, comparable rental values and equity. This mechanism is distinct from an annual contractual adjustment.
Timing: Article 345 regulates the timing and effect of rent determination proceedings. Although an action may be commenced at any time, whether newly determined rent applies from the beginning of the relevant rental period depends on statutory notice, contractual provisions and filing dates. Success does not mean the determined rent automatically applies retroactively to every requested date.
3. Non-Payment of Rent
Article 315 provides a procedure where the tenant fails to pay due rent or qualifying ancillary charges. For residential and roofed commercial leases, the landlord must generally grant at least thirty days through legally required written notice with the applicable termination warning. The notice period and commencement must be calculated correctly. Non-payment may also give rise to enforcement proceedings, but not every collection proceeding automatically results in eviction.
4. Common Grounds for Eviction
- Personal need: Qualifying residential or business necessity of the landlord or new purchaser.
- Reconstruction or substantial renovation: Statutory requirements are satisfied and continued occupation is incompatible with necessary works.
- Written eviction undertaking: Legally valid undertaking executed in accordance with Article 352, including timing and enforcement requirements.
- Repeated justified notices: Statutory conditions concerning non-payment and relevant rental period.
- Contractual duration: Particular statutory provisions for extended tenancy relationships; ordinary expiry of a fixed term does not automatically entitle the landlord to eviction.
Each ground has distinct evidentiary and procedural requirements.
5. Mandatory Mediation in Rental Disputes
Since 1 September 2023, Article 18/B of the Mediation in Civil Disputes Law has generally required mediation before lawsuits arising from rental relationships.
| Type of dispute | Mediation before ordinary lawsuit |
|---|---|
| Rent determination | Generally required |
| Eviction for personal need | Generally required |
| Judicial eviction based on written undertaking | Generally required |
| Rental debt litigation | Generally required, subject to the claim |
| Security deposit dispute | Generally required |
| Eviction via non-judgment enforcement proceedings | Specific statutory exception |
The non-judgment enforcement exception must not be confused with a universal exemption for unpaid rent disputes.
6. How Does Mediation Work?
The parties apply through the appropriate mediation office or authorised procedure. A mediator is appointed and parties may participate in accordance with the applicable representation rules. They may discuss payment schedules, rent, possession dates, termination and other permissible terms. Agreements are documented in accordance with law, and enforceability annotations or other formalities may be necessary depending on the subject. Where there is no agreement, litigation can proceed if legally available. Mandatory mediation does not compel settlement.
7. The Role of the Court
Ordinary rental disputes are generally adjudicated by the competent Civil Court of Peace (Sulh Hukuk Mahkemesi), subject to statutory rules and exceptions. The court may review leases, notices, payment history, mediation documents and evidence of the claimed ground. An eviction judgment and enforcement of possession are distinct steps.
8. Foreign Landlords and Tenants
Foreign landlords are subject to the applicable Turkish tenancy rules. A foreign buyer should review existing tenant rights before purchasing. Foreign tenants should preserve lease terms, rent payment records, notices and security deposit documentation. Accurate translations may be needed where documents are in another language.
Conclusion
Turkish tenancy law does not permit automatic eviction because a lease has ended, property has been sold or a landlord seeks higher rent. Landlords retain statutory remedies for non-payment, qualifying need and other recognised grounds. Correct claim classification, mandatory mediation and statutory deadlines are central to dispute resolution.
G&K Partners Law Firm — Landlord and Tenant Disputes. General legal information, not individual legal advice.
Primary legal references: Turkish Code of Obligations No. 6098, Articles 310, 315, 344, 345, 347, 350–355; Law No. 6325, Articles 18/A and 18/B; Enforcement and Bankruptcy Law No. 2004.
Related legal guidance
rent determination and adjustment. See also property due diligence and contact information.
Official sources: Turkish Code of Obligations No. 6098; Mediation Law No. 6325.