When rent is not paid, when an employee does not receive wages or when a contract is not performed, the first step is often to send the other party an official warning. The short answer to the question how to send a formal notice is this: you prepare a text containing your demand, the time limit you are granting and what you will do if it expires, and you have it served at the other party’s address through a notary. However, whether the notice produces legal consequences depends on its being based on the correct statutory provision, on a sufficient time limit being granted and on its actually reaching the other party. In this article we explain step by step when a notice is mandatory, the methods of sending it, the 2026 fee items and service problems.
What is a formal notice and when is it needed? #
A formal notice (ihtarname) is a document by which a person notifies the other party in writing to perform an obligation, to stop a certain conduct or that a right will be exercised. In some cases a notice merely makes proof easier; in others, the law makes written notification a precondition before a right can be exercised. In such cases, a lawsuit filed or a right of termination exercised without a notice may produce no effect.
When is a formal notice mandatory? #
| Situation | Legal basis | Role of the notice |
|---|---|---|
| Non-payment of a debt with no fixed due date | TBK Art. 117 | The debtor falls into default upon the notice; default interest and damages for delay may be claimed from that date |
| Non-performance in a bilateral contract | TBK Arts. 123-125 | A reasonable time limit is granted; when it expires, performance, compensation or withdrawal from the contract is chosen |
| Non-payment of rent (default) | TBK Art. 315 | A written time limit is granted: at least 30 days for residential and covered business premises, at least 10 days for other leases; if not paid, the contract is terminated |
| Late payment twice in the same lease year | TBK Art. 352/2 | Two justified written notices give the right to file an eviction action within one month from the end of the lease year |
| Rent increase and rent determination | TBK Art. 345 | If written notification is made at least 30 days before the new period and the case is filed by the end of that period, the rent determined applies from the beginning of that period |
| Expiry of the ten-year extension period | TBK Arts. 347-348 | The landlord gives written notice at least 3 months before the end of the extension year |
| Termination by the employee for just cause (resignation with severance pay) | Labour Law (İş K.) Arts. 24, 26 | The ground for termination is notified in writing and in concrete terms; in cases of breach of the rules of morality and good faith, within 6 working days of learning of it |
| Termination by the employer | Labour Law Art. 19 | Termination must be in writing and its reason must be stated clearly and precisely |
| Default, termination and withdrawal between merchants | TTK Art. 18/3 | Must be made through a notary, by registered letter, by telegram or by KEP with a secure electronic signature |
All the grounds for eviction in a lease relationship and the time limit for each are explained in our article ways of evicting a tenant; the timing of notification for a rent increase is explained in our guide rent increase rate 2026. For the employee’s termination notice, see our article resignation with severance pay. Where compensation for use is to be claimed from a co-owner or a sibling co-heir, a formal notice is the most common way of proving the condition of exclusion from use in an action for compensation for unlawful occupation (ecrimisil).
Does a notice replace mediation? #
Let us point out one thing at the outset: a formal notice does not replace mediation as a precondition to filing a case. In lease disputes, applying to a mediator before filing a case is additionally required; in enforcement proceedings without a judgment seeking eviction, the payment order already contains the notice under TBK Art. 315.
Notary, KEP, e-service and registered mail with return receipt: differences and evidentiary value #
In most cases the law only requires “written notification”; it does not require the notification to be made through a notary. The real question is whether, when a dispute arises, you can prove the content of the notification and the date on which it reached the other party.
Comparison of the four routes #
| Method | How does it work? | Evidentiary value | Caution |
|---|---|---|---|
| Notarial formal notice | The notary serves the text via PTT or e-service under the Service of Process Law (Notaries Law Art. 70) | The content of the document and the date of service are documented by notary records; valid until proven otherwise (Art. 82) | It does not prove that the claims in the notice are true; it only proves that the notification was made |
| KEP (registered electronic mail) | A message with a secure electronic signature is sent from the sender’s KEP address to the recipient’s KEP address | Data with a secure electronic signature has the status of a formal instrument (HMK Art. 205/2); sending and delivery are recorded | Cannot be used if the recipient has no KEP address; between merchants, TTK Art. 18/3 expressly recognises it |
| E-service (e-tebligat) | Service to the electronic address via the National Electronic Service System; deemed served at the end of the 5th day following the day it reaches the address (Service of Process Law Art. 7/a) | Has the nature of official service | Individuals cannot send e-service themselves; authorities listed in the law, such as notaries, send it. An e-service address is mandatory for companies, lawyers and notaries |
| Registered mail with return receipt | Sent with a PTT delivery receipt | Delivery is documented, but what was inside the envelope is not | If the other party says “the envelope was empty” or “it was a different letter”, a dispute over content arises |
| E-mail, WhatsApp, SMS | Ordinary message | May be prima facie evidence; signature and delivery are disputable | Should not be relied on alone for termination and lease notices requiring written form |
Which route to choose in which situation #
In practice, a notarial formal notice is preferred for notifications subject to a time limit or that may lead to loss of rights. If the other party is a company, the notarial notice is often sent to the company’s e-service address and the process is completed within a few days.
How to send a formal notice through a notary: step by step #
- Determine the legal basis: Clarify whether you will send a default notice, a termination notice or a rent increase notice. Each has a different time limit and consequence in the law.
- Verify the other party’s address: For an individual, the address in the contract and the registered residential address; for a company, the address and trade name in the trade registry should be checked. If there is more than one addressee (e.g. tenant and guarantor), each must be written separately.
- Prepare the text: You can write the text yourself and take it to the notary, or have the notary write it (Notaries Law Art. 106). A comparison fee is charged for a text brought ready-made, and a per-page writing fee for a text written at the notary.
- Prepare the copies: In addition to one copy for each addressee, copies are needed to remain at the notary’s office and to be given to you. It is advisable to ask the notary’s office you apply to how many copies are needed.
- Apply to any notary with your ID: To send a formal notice, you do not need to go to a notary in the place where the other party is located. If the notice is sent on behalf of a company, the signature circular or certificate of authority is presented; if through an attorney, a power of attorney.
- Pay the fee and receive your copy: The copy given to you bears the journal number. The result of service is later recorded on this copy.
- Follow up on the result of service: Collect the copy bearing the service annotation from the notary’s office. Time limits start to run from the day following the date of service (for rent default, TBK Art. 315/2).
Sending a formal notice by e-application without going to a notary #
The Union of Turkish Notaries offers a remote application service for formal notices and notifications. The application is made by logging in to the Union’s e-application portal with e-Devlet (e-Government) credentials. According to the Union’s statement, the notary prepares the document and sends the applicant, by e-mail, a sample of the document, fee information and the notary office’s IBAN; after the fee is paid, the document is signed electronically, the transaction is completed and it is forwarded to the applicant’s KEP address. For this reason, having a KEP address before the e-application makes things easier.
Notarial transactions carried out electronically are also subject to the same fee tariff (2026 Tariff Art. 14); in other words, e-application does not reduce the fee, it only removes the need to go to the notary’s office. The legal content of the text still belongs to the applicant: the notary does not check whether the demand is justified or whether the time limit has been calculated correctly.
2026 notary fee for a formal notice: what items does it consist of? #
There is no single fixed fee for a formal notice. The total amount varies according to the number of pages, the number of addressees and whether the text is written at the notary. The official items applicable from 1 January 2026 are as follows:
| Item | 2026 amount | Legal basis |
|---|---|---|
| Notary duty (for each copy to be served) | 411,60 TL | Law on Fees, Tariff (2), II/2 |
| Notary fee | 30% of the duty (at least 58,82 TL); 123,48 TL for a single addressee | Notary Fee Tariff Art. 1 |
| Writing fee (if the text is written at the notary, per page) | 80,68 TL | Tariff Art. 3 |
| Comparison fee (if the text is prepared outside, per page excluding originals) | 80,68 TL | Tariff Art. 5 |
| Notary fee for formal notices exempt from duty under a special law | 67,58 TL for each copy to be served | Tariff Art. 8/2 |
VAT and service (postal) costs are added to these items. Accordingly, for a formal notice with a single addressee, the duty and notary fee alone total 535,08 TL; the amount increases when page fees, the number of copies and tax are added. If there are two addressees, the duty and notary fee are calculated separately for each addressee. The notary’s office states the exact amount before the transaction. The amendment made to the tariff on 26 August 2026 concerns only the travel allowance; it does not affect the items above.
What a formal notice must contain #
Under Notaries Law Art. 106, a formal notice contains the names and full addresses of the requesting party and the other party, the subject of the notice, the signature of the requesting party and the notary’s service annotation. For a notice that is legally effective, the following should be added:
Headings the text should contain #
- Party details: For an individual, the Turkish ID number; for a company, the full trade name and trade registry details; if there is an attorney, the attorney’s details.
- Underlying relationship: Information enabling the other party to recognise the matter, such as the date of the contract, the address of the property or the date of commencement of employment.
- Concrete demand: How many TL of rent for which months, wages for which period, or which conduct is to be stopped; the IBAN to which payment is to be made.
- Time limit: The minimum time limit provided by law (e.g. at least 30 days for residential rent) and that the time limit runs from service.
- Consequence: It must be clearly written that, if the demand is not met within the time limit, the contract will be terminated, enforcement proceedings will be initiated or a case will be filed. Without a termination warning under TBK Art. 315, the notice may not serve as a basis for eviction.
- Date and signature.
Example: notice for unpaid rent #
Fictional example: A landlord (A) sends the tenant (B), who has not paid the July and August 2026 rent for the flat in Bakırköy, a notice to the following effect: “I hereby give notice that you are to pay the rent for July and August 2026, totalling 60.000 TL, payable under the lease contract dated 1.3.2025 between the parties, to the IBAN below within 30 days from the day following service of this notice; otherwise I will terminate the lease contract pursuant to TBK Art. 315 and resort to legal remedies for eviction.” The figures are for illustration only.
Service, notice returned unserved (bila tebliğ), and Articles 21 and 35 of the Service of Process Law #
A notice produces effect when it reaches the other party. Notaries carry out service under the Service of Process Law (Art. 1). When nobody is found at the address or the addressee avoids accepting service, the process server delivers the document to the neighbourhood headman (muhtar) or the police, affixes a notice to the door of the building, and the date of affixing to the door is deemed the date of service (Art. 21/1).
What to do if the envelope is returned undelivered #
If the addressee is unknown at the address, has moved or the address is insufficient, the envelope is returned with the annotation “bila tebliğ” (unserved). In that case the notice is legally deemed not to have been made and the time limit you granted never starts. The course to follow is:
- For an individual, the address registration system (MERNİS) address: If service cannot be made at the last known address, the registered residential address is deemed the last known address (Art. 10/2). In service issued to this address under Art. 21/2, even if the addressee has never lived there or has permanently left, the document is left with the muhtar and the date of affixing to the door is deemed the date of service. Re-service to the residential address with an Art. 21/2 annotation can be requested from the notary’s office; this may give rise to a new cost.
- For a company, the official registered address: For legal entities, the address in the official records is taken as the basis even if no service has previously been made there (Art. 35). If the company has an e-service address, service is made electronically.
- A person who fails to notify a change of address: If a person who has previously been duly served changes address without notifying the new one, and the residential address cannot be determined either, the document is posted on the door of the building at the old address and the date of posting is deemed the date of service (Art. 35). Since this rule requires prior service, the residential address route is generally used for a person receiving a notice for the first time.
What to check in the service endorsement #
Check that the service annotation fully records delivery to the muhtar, notification of a neighbour and affixing to the door. Irregular service leads to a defence of invalidity of the notice in a later case. You can pre-check the calculation of time limits with our time limit and limitation period checker.
What should you do if you receive a formal notice? #
The claims in a formal notice you receive are not deemed accepted; the notary only documents that the notification was made. As a rule, remaining silent does not mean accepting the demand either. However, some exceptions are important: for example, between merchants, if no objection is made to an invoice within 8 days of receipt, its content is deemed accepted (TTK Art. 21/2). In a rent default notice, if payment is not made within the granted time limit, the path to eviction opens.
Therefore, when you receive a notice, note the time limit immediately, consider sending a reasoned reply notice if there is no debt or the amount is wrong, and keep the bank receipt with a description if you make a payment. If enforcement proceedings are initiated after the notice, the time limit for objecting to the payment order runs separately: objection to enforcement proceedings.
Common mistakes #
- Wrong or old address: A notice sent to the old address in the contract is returned unserved; the time limit does not start and time limits for filing a case may be missed.
- Not granting a time limit or granting too short a time limit: For residential rent, a notice granting less than 30 days does not serve as a basis for eviction under TBK Art. 315.
- Not stating the consequence: Saying “pay your rent” is not enough; it must be clearly stated that the contract will be terminated if payment is not made within the time limit.
- Excessive demand: Showing months already paid as debt or demanding more than the actual debt makes it disputable whether the notice is “justified”, especially in the two-justified-notices route.
- Sending a notice before the due date: A default notice sent before the rent falls due produces no effect.
- Missing a strict time limit: Sending a notice does not stop every time limit. For example, the employee’s right to terminate for just cause must be exercised within 6 working days of learning of the ground; this time limit may expire while waiting for a notice.
- Not checking the service annotation: Time limits should not be calculated without seeing to whom and on what date service was made.
Brief summary #
- A formal notice is the provable notification of a demand, a time limit and a consequence to the other party; some rights can only be exercised after a written notice.
- In a default notice for residential and covered business premises rent, at least 30 days must be granted and the termination consequence must be written.
- A notarial formal notice documents the content and the date of service; registered mail with return receipt does not document the content; KEP requires the recipient to have a KEP address.
- In 2026 the notary duty per copy to be served is 411,60 TL and the notary fee is 30% of that; page fees, VAT and postage are added separately.
- With the Union of Notaries’ e-application service, a formal notice can be sent without going to a notary’s office; the fee is the same.
- A notice returned unserved produces no effect; re-service to the residential address under Art. 21/2 or to the company’s registry address is required.
For preparing notices of rent default, eviction and rent increase, you can review our Istanbul rent and real estate lawyer page.
