Overview of Turkish Tenancy and Obligations Law in 2026

Residential and commercial leasing in the Republic of Turkey is governed by the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu - TBK). With recent macroeconomic developments and structural legal updates, understanding statutory tenancy provisions is vital for international property investors, landlords, and foreign tenants.

Following the expiration of the temporary 25% rent increase cap on July 1, 2024, Turkish lease agreements are strictly regulated under permanent statutory formulas linked to inflation, alongside Mandatory Legal Mediation (Zorunlu Arabuluculuk) under Law No. 7445.


2026 Comparative Matrix: Landlord vs. Tenant Statutory Rights in Turkey

Legal Domain Landlord (Property Owner) Rights & Duties Tenant Statutory Rights & Protections Legal Basis (Turkish Code of Obligations - TBK)
Annual Rent Increase Cap Maximum increase strictly capped by the official 12-month CPI (TÜFE) average Protected against arbitrary increases exceeding the official TÜFE rate TBK Article 344
Security Deposit (Depozito) Permitted up to a statutory ceiling of 3 months' gross rent Fully refundable upon contract termination subject to property condition TBK Article 342
Eviction Commitment (Tahliye Taahhüdü) Enables expedited eviction via Enforcement Directorates (İcra) within 1 month Must be signed after lease commencement without contractual coercion TBK Article 352
Rent Determination Lawsuit (Kira Tespit) Entitled to request fair market readjustment after 5 consecutive years Protected by judicial equity deductions (Hakkaniyet İndirimi) TBK Article 344/3
Mandatory Court Mediation Mandatory pre-condition prior to filing tenancy litigation in Civil Peace Courts Fast-track amicable dispute resolution within 3 to 4 weeks Law No. 7445 (Article 18/B)

How Annual Rent Increases Are Calculated in Turkey (2026)

1. CPI / TÜFE 12-Month Average Formula

  • Annual rental adjustments for both residential and commercial premises are determined exclusively by the 12-Month Moving Average Consumer Price Index (12 Aylık TÜFE Ortalaması) published on the 3rd of each month by the Turkish Statistical Institute (TÜİK).
  • Calculation Benchmark: Any lease clause dictating an increase above the statutory TÜFE average is legally void.

Legal Validity of the Eviction Commitment Letter (Tahliye Taahhütnamesi)

To ensure enforceable validity before Turkish courts and Enforcement Directorates (İcra Daireleri), four criteria must be satisfied:

1. Written Form: Oral eviction commitments are legally unenforceable.

2. Execution Date After Property Delivery: The commitment must be executed strictly after the lease commencement and physical key handover. Commitments signed simultaneously with the lease are invalid due to presumed tenant duress.

3. Definite Eviction Date: The commitment must state an exact calendar day, month, and year.

4. Notary Certification (Noter Tasdiki): Notarizing the document prevents signature contestation and expedites direct summary enforcement.

5. 1-Month Enforcement Deadline: Landlords must initiate execution proceedings within 30 days of the promised eviction date.


Statutory Grounds for Tenant Eviction Under Turkish Law

1. Genuine Personal Need (İhtiyaç Sebebiyle Tahliye): When the owner, spouse, children, or parents require the property for primary residence (subject to a 3-year statutory ban on re-renting to third parties under penalty of 1 year's rent compensation).

2. 10-Year Lease Extension Milestone (10 Yıllık Uzama Süresi): Landlords may terminate the tenancy without specific cause after 10 extension years (11 total years) with a 3-month prior written notice.

3. Two Justified Written Payment Default Notices (İki Haklı İhtar): Two formal Notary notices for unpaid rent within a single lease year.

4. Major Structural Reconstruction or Demolition (Yeniden İmar ve İnşa).

5. Acquisition by a New Owner: Formal notice must be served within 1 month of title deed transfer, granting a 6-month grace period for eviction.


Mandatory Pre-Litigation Mediation (Law No. 7445)

All rental disputes, eviction claims, and arrears must undergo Mandatory Court Mediation (Zorunlu Arabuluculuk) prior to filing a lawsuit in Civil Peace Courts (Sulh Hukuk Mahkemeleri). Mediation settlements carry the legal authority of a binding court verdict.


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