Tenant Rights After a Property Is Sold in Türkiye: Lease Continuity, Eviction and Security Deposits
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When a rented property is sold in Türkiye, a tenant may be concerned about eviction, higher rent, the security deposit or changes to the lease. Article 310 of the Turkish Code of Obligations generally provides that the new owner becomes party to the existing lease. The sale does not automatically end the tenancy or require vacation.
1. Does the Lease Continue?
Generally yes. Under Article 310 the new owner succeeds to the landlord’s position. Existing lease terms remain relevant under mandatory law. A purchaser ordinarily cannot require a wholly new agreement merely because ownership changed.
2. Can the New Owner Demand Immediate Eviction?
No unrestricted immediate eviction right arises from a purchase. Article 351 may allow an eviction action for a qualifying, genuine residential or business need under particular notice and timing conditions. Expiry of a waiting period is not itself an enforceable eviction order. Disputed possession requires prescribed judicial and procedural steps.
3. Can the New Owner Increase the Rent?
Change of ownership does not automatically allow replacement of contracted rent with a higher market rent. Articles 344 and 345 govern the rent determination framework for residential and roofed commercial premises. Consider existing terms, renewal dates and tenancy duration.
4. Who Should Receive Rent?
Following valid transfer, future rent generally concerns the new landlord. Tenants should verify notification of transfer, payee identity and relevant instructions. Paying into an unverified account where ownership or payee entitlement is disputed creates risk.
5. What Happens to the Security Deposit?
A sale does not automatically extinguish the tenant’s security-deposit claim. Article 342 regulates deposits for residential and roofed commercial leases. Where a deposit was paid to the previous owner, evaluate the lease, payment evidence, circumstances of sale and related agreements. Sale does not automatically extinguish the deposit claim, while the identity and scope of repayment obligations require analysis.
6. Access and Inspections
Article 319 regulates certain tenant obligations concerning inspection, including circumstances relating to sale or subsequent lease. Ownership rights must be balanced with lawful possession and applicable reasonableness and notice. A proposed sale does not authorise unrestricted entry.
7. Mediation and Court Proceedings
Ordinary tenancy disputes following a sale generally fall within Article 18/B of Law No. 6325, subject to the statutory exception for non-judgment enforcement eviction. Potential claims involve rent, possession, deposits and notice validity.
8. Documents to Preserve
| Document | Importance |
|---|---|
| Signed lease | Contractual terms |
| Rent records | Payment history |
| Deposit receipt | Evidence of security paid |
| Ownership transfer notice | Relevant chronology |
| Written correspondence | Requests and agreements |
| Formal notices | Potential eviction deadlines |
Conclusion
Tenant protections generally survive a sale. Eviction, rent changes and deposit claims require separate statutory analysis. The new owner’s and tenant’s obligations should be reviewed using the lease and actual chronology.
Related reading: Buying a Tenanted Property in Türkiye: The New Owner’s Rights and Eviction Procedures.
G&K Partners Law Firm — Landlord and Tenant Law. General legal information, not individual advice.
Primary legal references: Turkish Code of Obligations No. 6098, Articles 310–312, 319, 342, 344, 345 and 351; Law No. 6325, Article 18/B.
Related legal guidance
new-owner eviction rights, security deposit disputes. See also property due diligence and contact information.
Official sources: Turkish Code of Obligations No. 6098; Mediation Law No. 6325.