FAQ
Tenancy — frequently asked questions
The 14 questions we are asked most about Tenancy, with answers. If you cannot find yours, write to us directly and we will answer.
Tenancy
14 questionsCan a tenant be removed once 10 years have passed?+
Yes. In leases of residential and covered commercial premises, once the 10-year extension period of the contract has expired, the landlord can end the contract without giving any reason by giving notice at least 3 months before the end of each extension year. The 10 years are counted from the end of the initial contract term.
How much can the landlord increase the rent?+
For the renewed lease year, the increase may not exceed the rate of change in the 12-month average CPI (TÜFE) for the previous lease year; for September 2026 this rate is 31.79%. The 25% cap applied to residential rents ended on 1 July 2024. Even if the contract states a higher rate, the part exceeding the CPI cap is invalid. In leases lasting more than five years, a new rent based on market value can be set through a rent determination action.
If rent is not paid, when is the tenant removed?+
If the landlord starts enforcement proceedings, the tenant is given 30 days to pay; if no payment is made and no objection is raised within this period, eviction is requested from the enforcement court. On the court route, the contract can be terminated at the end of the 30-day period given by written notice and an eviction action filed. If two justified notices have been served within one lease year, an eviction action can be filed within one month of the end of the lease year.
Is mediation mandatory for a tenancy case?+
Yes. Since 1 September 2023, in actions arising from a tenancy relationship such as rent determination, eviction and rent claims, applying to a mediator before filing is mandatory. If an agreement is reached in mediation, an annotation of enforceability is obtained on the document and it is enforced like a court judgment. Starting enforcement proceedings without a judgment for rent and eviction, however, does not require mediation.
My landlord will not return my deposit. What can I do?+
The security deposit may be no more than three months’ rent and must be returned if the property was handed back without damage beyond ordinary use. Unless the landlord notifies the bank in writing within three months after the lease ends that an action or enforcement proceedings have been started against the tenant, the deposit placed with the bank is returned at the tenant’s request. For a deposit paid in cash, enforcement proceedings, or mediation followed by a court action, can be pursued.
Can the new owner evict me?+
A new owner who buys the property and needs it as a home or workplace can file an eviction action six months after acquisition, provided that he or she notifies the tenant in writing within one month of the acquisition date. If no notice is given, eviction on grounds of need can only be sought through an action filed within one month of the end of the contract term. The need must be genuine and sincere.
Must an undertaking to vacate be made before a notary, and when should it be signed?+
A notary is not required; an ordinary written undertaking signed by the tenant is also valid. However, if the tenant objects to the enforcement proceedings, lifting the objection in the enforcement court is much easier with a notarised undertaking. The undertaking must be given after the property has been handed over and the vacating date must be stated clearly. An undertaking signed at the same time as the lease is invalid. If proceedings are not started within one month of the promised date, the document cannot be relied on for that year.
The landlord said he would live there himself but let the home to someone else. What can I do?+
A home from which the tenant was evicted on grounds of need cannot, without a justified reason, be let to anyone other than the former tenant for three years. If this prohibition is breached, the former tenant can claim compensation of no less than one year’s rent as paid in the last lease year. Evidence of the new tenant, such as the neighbourhood headman’s (muhtar) records, listings or witnesses, should be gathered; an application should be made to a mediator before filing an action.
How much does an eviction action based on need cost in 2026?+
In an eviction action the court fee is calculated on one year’s rent. For a home with a monthly rent of 30,000 TL the annual value is 360,000 TL; when the action is filed, an advance fee of approximately 6,148 TL is paid, together with the filing fee and an advance for service, site inspection and witness costs. Under the 2026 tariff, the minimum attorney’s fee for cases before the civil court of peace is 30,000 TL plus VAT. If no agreement is reached in mediation, the Ministry pays the two-hour portion of the mediator’s fee.
Can a tenant sublet the home without the landlord’s knowledge?+
No. In leases of residential and covered commercial premises, the tenant cannot sublet the property or transfer the right of use without the landlord’s written consent. Unauthorised subletting is a breach of contract; the landlord can demand by written notice that the breach be remedied and, if it continues, terminate the contract and seek eviction. The main tenant is liable for damage caused by the subtenant.
What is the time limit for a pre-emption action on a co-owned property?+
If one co-owner sells their share to a third party, the other co-owners must file an action within three months of being notified of the sale through a notary. For sales on or after 25 December 2025, even if no notification was ever made, the right lapses one year after the sale; for earlier sales this period is two years. The price of the share is now the market value determined by the court and must be deposited within the peremptory period set by the judge.
How many years back can compensation for unlawful occupation (ecrimisil) be claimed?+
In the case law of the Court of Cassation, compensation for unlawful occupation is subject to a five-year limitation period, like rent claims; a charge for use can be claimed for at most five years back from the date of the action or enforcement proceedings. Between co-owners or heirs, however, as a rule a formal notice must first be sent to the person using the property, and the charge is calculated for the period after that notice. The amount is based on the comparable rental value determined by the court expert.
Can outside buyers take part in a partition sale between heirs?+
Under Law No. 7589, which entered into force on 31 July 2026, for properties where all co-owners are heirs and no other person holds a share, only the heirs who are owners may take part in the first auction, and bids must exceed the full appraised value. If no sale is made in this auction, the second auction is open to everyone. The rule applies only once and does not apply to sales announced before the amendment.
The tenant will not leave. Can I change the lock or have the electricity cut off?+
No. Without an eviction judgment or an eviction obtained through enforcement proceedings, changing the lock, having the water, electricity or natural gas cut off or putting belongings outside is unlawful; offences such as violation of the inviolability of the home, threats or damage to property may arise. Even in a case where you are in the right, these methods expose you to liability for compensation and criminal liability. The correct route is enforcement proceedings or an eviction action.
Let us look at your situation together
In the first meeting we discuss the legal position of your case, the routes open to you and roughly how long they take. The meeting can be at our office or by video.