Landlord and Tenant Law

Our firm provides comprehensive services pertaining to landlord and tenant law, including the drafting of lease agreements, legal review of existing contracts, actions for possession, and the recovery of rental arrears.

Landlord-tenant relationships constitute one of the most stable areas of contract law, significantly impacting daily life. In the leasing of premises, the mutual obligations of the parties are structured around the principle of tenant protection. While a lease agreement can be concluded for a fixed or indefinite term, and parties are generally free to determine its content, certain provisions are mandatory. Consequently, regulations in this field are shaped not solely by the parties' intentions but also by considerations of public policy and oversight.

Upon the formation of the agreement, the landlord is obligated to deliver the premises in a condition suitable for use and to maintain it in that state throughout the term of the agreement. The tenant, in turn, is obligated to pay the rent in full and on time. Therefore, the consistent performance of the parties' obligations ensures the sustainability of the tenancy relationship. Should the tenant default on their performance, the landlord acquires the right to issue a notice of default and subsequently initiate an action for possession.

One of the most frequent disputes in landlord-tenant relationships concerns the determination and increase of rent. For lease agreements that have completed a five-year term, the landlord may file an action for rent determination based on comparable market rates. In such cases, courts render decisions considering the real estate market, rent levels of similar properties in the area, and the specific characteristics of the property. Expert reports are often decisive in judicial proceedings, and their technical accuracy and impartiality are crucial for the soundness of the court's decision.

If a rent increase is explicitly stipulated in the agreement and this rate complies with statutory limits, there will be no judicial intervention. However, if the increase rate is not specified in the agreement, or if a dispute arises between the parties, recourse to judicial proceedings becomes inevitable. In this situation, the following question arises: “Is it possible for the rent determined by the court to cover past periods?” In rent determination actions, the decision takes effect prospectively; it is not possible to determine rent retroactively.

Regulations concerning the legal validity and term of an existing lease agreement also determine the duration of the parties' obligations. Especially in fixed-term lease agreements, a landlord's request for possession upon the expiration of the term is only possible for specific reasons, pursuant to Article 347 of the Turkish Code of Obligations (TCO). In an action for possession filed due to the existence of these reasons, if the court concludes that the tenancy relationship has ended, it will issue an eviction order. However, such decisions are often subject to appellate review before the Regional Court of Appeals.

In eviction proceedings based on a tenant's undertaking to vacate, the validity of the undertaking is paramount. This document must be executed after the lease agreement and in compliance with formal requirements. Otherwise, such undertakings may be deemed invalid. In evictions based on these undertakings, deadlines must be strictly observed, and enforcement proceedings or legal actions must be initiated in a timely manner. Failure to do so may result in the tenant's eviction being delayed or rendered impossible.

In the event of the leased property being used in breach of the agreement, one of the landlord's most significant rights is the demand for termination and possession. This situation commonly arises in commercial leases. For instance, using a property leased as a residence for commercial purposes constitutes a breach of the agreement and its intended purpose. In such a case, a notice of default must first be issued. If the tenant still fails to remedy the breach following this notice, the agreement may be terminated, and an action for possession may be filed.

In the event of the tenant's failure to pay rent, the first recourse available to the landlord is non-judicial eviction proceedings. When resorting to this method pursuant to Enforcement and Bankruptcy Law, a 30-day payment period must be granted. If the debt is not paid within this period, possession may be sought. In exceptional circumstances, these periods may be extended in favor of the tenant, but this does not negate the existence of the debt.

In actions for possession, courts render decisions by examining not only formal but also substantive elements. Therefore, the complete and accurate presentation of evidence is crucial to ensure that the decision is not devoid of legal basis. The landlord's claims must be stated clearly and concretely, and documents such as the agreement, payment receipts, and notices of default must be submitted to the file in their entirety.

The precedents of the Court of Cassation serve a guiding function in the application of lease agreements. Decisions rendered on matters such as the term, the validity of undertakings to vacate, and criteria to be considered in rent determination directly influence the decisions of lower courts. In this context, disregard for precedents may lead to the reversal of decisions.

Another important issue is the validity of special conditions included in a lease agreement. Parties may, for example, include a provision stating, “no rent increase shall be made during the term of the agreement.” Such provisions are considered valid when they are in favor of the tenant. Conversely, clear and unfair conditions against the tenant are deemed invalid. Careful consideration of such provisions also helps prevent risks for the landlord.

Regarding the collection of rental arrears, the creditor generally prefers enforcement proceedings. In such proceedings, if the debtor objects, the creditor must pursue the annulment or removal of the objection. At this point, the question to be asked is: “How does a tenant's objection affect the collection of rental debt?” The tenant's objection halts the collection process, compelling the creditor to apply to the court for collection. The presentation of evidence is of great importance in this process.

Upon the tenant's eviction, possession of the property reverts to the landlord. However, a separate legal process may be required for items left behind in the property after eviction. In such cases, the liquidation of goods can be pursued through the enforcement office with a court order. Maintaining an inventory is beneficial in this process to prevent financial loss.

The return of the security deposit upon the termination of the tenancy relationship is also a frequent subject of dispute between parties. The security deposit can only be offset in cases where the property has been damaged or rent arrears exist. Otherwise, the non-return of the deposit constitutes unjust enrichment. In judicial decisions, the protection of the tenant is prioritized in this regard.

A change of ownership of the leased property does not terminate the lease agreement. The new owner succeeds to the previous tenancy relationship. However, certain conditions must be met for them to be able to demand possession. In such situations, the rights and obligations of both the tenant and the new owner must be carefully assessed. Consequently, careful action is imperative in these matters, which are frequently encountered in practice.

Decisions rendered by the Regional Courts of Appeals mostly allow for the re-evaluation of lower court decisions. At this point, since the appellate process involves not only formal but also substantive review, the complete presentation of evidence is required. Decisions rendered with insufficient evidence or unlawful grounds may be reversed by higher courts.

Processes related to landlord and tenant law require attention and technical knowledge regarding both procedure and substance. Accordingly, legal knowledge must guide every stage, from the drafting of the lease agreement to the eviction process. Indeed, incomplete information or incorrect assessment can lead to damages that are difficult to remedy.

In resolving tenancy disputes, actions taken in compliance with the law, effectively, and within statutory limitation periods protect the interests of the parties. At this point, seeking professional support is crucial not only for preventing legal disputes but also for ensuring an effective resolution. Even indirectly, such support ensures that individuals exercise their rights consciously and complete the process with minimal detriment. All the processes explained above concerning landlord and tenant law require not only technical knowledge but also sound judgment and mastery of legislation. Therefore, an error made at any stage, from the initial formation of the agreement to an action for possession or debt collection, can lead to consequences that are difficult to remedy. For this reason, acting under the guidance of experts to conduct the process in accordance with procedure and precedents is a rational and necessary approach to protect the parties' interests.

The main services offered by our Law Firm in the field of landlord and tenant law are as follows:

Drafting of Lease Agreements and Establishment of Legal Framework: The drafting of a lease agreement is not merely limited to putting the parties' declarations of intent into text; rather, it is a legal engineering process that directly affects the tenancy relationship and prevents potential disputes. In drafting lease agreements, the principle of tenant protection must be adopted, in accordance with the mandatory provisions of the Turkish Code of Obligations. For this reason, the lease term, purpose of use, rent increase rate, security deposit, and eviction conditions must be clearly stipulated. When determining the scope of the lease agreement, the balance of interests between the parties must be observed within the limits of the principle of contractual freedom. Consequently, the legal validity of each provision added to the agreement depends not only on the parties' will but also on its compliance with relevant legislation. For example, in residential and commercial leases, it is not possible to increase the rent according to market rates before five years. The validity of regulations made in this context has been repeatedly evaluated in the precedents of the Court of Cassation. The following question may arise: “What happens if the rent increase rate stipulated in the agreement exceeds the CPI limit?” In this case, the judge re-determines the increase rate in line with the statutory limit. Therefore, relying on technical knowledge and acting in accordance with established principles in drafting lease agreements serves a function of preventing future disputes. Ultimately, provisions lacking legal basis or imposing onerous terms against the tenant will be deemed invalid by the court.

Review of Existing Lease Agreements and Provision of Legal Opinions: The review of currently effective lease agreements is of great importance for parties to understand their legal positions and assess risks in advance. Especially in long-term tenancy relationships, a comprehensive examination of the agreement and the provision of legal opinions offer significant advantages to the parties. Conceptually, the validity of a lease agreement depends not only on the parties' intentions but also on its compliance with the law. A detailed review of the agreement covers numerous elements, from provisions concerning rent increases to restrictions on the purpose of use, eviction conditions, and the return of security deposits. In particular, undertakings to vacate, grounds for termination, and the manner of agreement termination are essential elements of a legal opinion. In this context, the precedents of the Court of Cassation repeatedly deem ambiguous or tenant-unfavorable provisions in lease agreements invalid, adopting the principle of interpretation in favor of the tenant. The following question may be raised: “Are special conditions in a lease agreement binding if they are unfavorable to the tenant?” Accordingly, special conditions that contravene mandatory provisions and are unfavorable to the tenant are invalid. Therefore, the review of lease agreements is one of the legal services to be utilized for advisory purposes, in terms of identifying and preventing potential disputes between parties.

Management of Notice of Default, Termination, and Eviction Process Due to Breach of Agreement: The use of the leased property in breach of the agreement is a significant violation that may lead to the unilateral termination of the lease agreement and the initiation of an action for possession. In such a case, the landlord first issues a notice of default, inviting the tenant to remedy the breach. If the breach persists despite the notice, the agreement may be terminated, and possession may be sought. The procedure to be followed in this process must be conducted in accordance with the provisions of the Turkish Code of Obligations and Enforcement and Bankruptcy Law, regarding both form and time limits. The legal validity of the notice depends on its content being clear and understandable, specifying which contractual provision has been violated, and granting a reasonable period for remedy. If the tenant does not revert to contractual use within this period, an action for possession is filed. The Regional Court of Appeals and the Court of Cassation require the breach of agreement to be proven with material evidence and the right of termination to be exercised in good faith in such cases. Consequently, the parties must manage this process without error. The following question is important: “What happens if the tenant denies using the property in breach of the agreement?” In such a situation, the burden of proof shifts to the landlord. Witness statements, photographs, or official records can help meet this burden of proof. Compliance with formal requirements is essential for the validity of notice and termination procedures; otherwise, the procedures may become null and void and could turn into a claim of ownership.

Rent Increase Based on Comparable Market Rates and Rent Determination Actions for Leases Exceeding Five Years: Following the expiration of a five-year term, an increase in rent is possible by court order, taking into account comparable market rents, pursuant to Article 344 et seq. of the Turkish Code of Obligations. If the tenancy relationship has exceeded five years, and no agreement has been reached between the parties regarding a rent increase, or if the lease agreement does not contain a provision for an increase, judicial intervention may be sought. In such a case, an action for rent determination can be filed at any time as long as the tenancy relationship continues, but the increase takes effect prospectively. In judicial proceedings, courts establish a judgment based on expert reports, considering the property's location, physical characteristics, purpose of use, and comparable rent rates in the area. Accordingly, since the CPI average for rent determination is only applicable to leases under five years, the market rate is paramount in cases exceeding five years. The precedents of the Regional Courts of Appeals and the Court of Cassation indicate that actual market conditions, rather than municipal valuations, should be taken as the basis for determining the market rate at this point. So, can the rent determined by the judge be applied to past years? No; an action for rent determination does not have retroactive effect. It only determines the new rent to be effective from the date the lawsuit was filed. Consequently, the timely initiation of such lawsuits is essential for preventing economic losses for the property owner. The protection of the tenant against exorbitant demands beyond comparable rates constitutes another considered aspect.

Tracking Unpaid Rental Arrears and Collection Through Enforcement Proceedings: In the event of the tenant's failure to pay rent, the most effective recourse available to the landlord is non-judicial eviction proceedings initiated within the framework of Enforcement and Bankruptcy Law. In these proceedings, a payment order is sent to the debtor, and if payment is not made within 30 days, possession may be sought. That is, demands for possession and debt collection can be pursued concurrently, and in the event of non-performance of the debt, enforcement proceedings based on an eviction order can be carried out. If an objection is raised, the proceedings halt, and the creditor must either file an action for annulment of the objection or request its removal in the enforcement court. At this point, the existence of the debt relationship under examination must be proven with the agreement and payment documents. In particular, the careful allocation of the burden of proof by the courts is of great importance for establishing a fair balance between property rights and contractual obligations. It is important to draw attention to the following question: “Can the landlord achieve collection solely through enforcement proceedings?” Yes, enforcement proceedings are sufficient for the collection of rental debt; however, in disputed situations, the claim may need to be determined by a court. In such a case, the existence of the lease agreement, the maturity of the debt, and the payment deficiency must be clearly proven. Consequently, rental arrears subject to enforcement proceedings have the potential for quick collection when properly structured.

Resolution of Disputes Based on Undertakings to Vacate and Management of Legal Processes: An undertaking to vacate is a document in which the tenant agrees in writing to vacate the property on a specific date, and it is only effective if it meets valid formal requirements. This document must be executed after the lease agreement and personally signed by the tenant. Otherwise, the said undertaking is deemed invalid, and the demand for possession may be rejected. In particular, the precedents of the Court of Cassation have repeatedly established that undertakings obtained without complying with formal requirements do not produce legal effects. If the eviction does not occur on the promised date, the landlord applies to the enforcement office to initiate non-judicial eviction proceedings. If the tenant objects to these proceedings, they may raise a claim of ownership. At this point, the question is: “Is an undertaking signed under duress against the tenant valid?” No; in such a case, the invalidity of the undertaking can be asserted on the grounds of vitiated consent. Courts evaluate with evidence whether the tenant acted with free will and strive to uncover the truth. Proceedings based on an undertaking to vacate are strictly bound by both formal requirements and time limits. If an action for possession is not filed within the prescribed period, the landlord cannot rely on the same undertaking again. In this respect, acting in a procedurally compliant and timely manner is essential for the protection of legal rights. Consequently, detailed management of this process prevents the loss of rights frequently encountered in practice.