Rent increases under TBK Art. 344, the deposit cap and landlords' grounds for eviction.
The lease relationship is regulated by Articles 299 to 356 of the Turkish Code of Obligations (TBK). Mandatory rules protect the tenant in residential and roofed commercial leases. Here is a summary of the questions landlords and tenants ask most.
How is a rent increase determined?
Under TBK Article 344, in renewed lease periods the rent cannot exceed the rate set by the twelve-month average CPI of the previous lease year. The temporary 25 per cent cap that ended in July 2024 no longer applies. If the parties cannot agree, a court can be asked to determine the rent; the judge decides based on comparable rents and fairness.
Security deposit
In residential leases, a deposit of at most three months' rent can be taken (TBK Art. 342). It is held in a term account in the tenant's name and returned with interest at the end of the lease.
The tenant leaving at the end of the term
A fixed-term contract renews for a year on the same terms when it expires, unless one party gives at least 15 days' notice. The tenant may end the contract by notice until the 10-year extension period ends, whereas the landlord's termination is limited to specific grounds.
On what grounds can a landlord seek eviction?
- Housing need (for themselves, spouse, descendants, ascendants or a person they are legally obliged to support)
- Reconstruction or substantial repair required by zoning
- The new owner's need (notice within six months of acquisition)
- Non-payment of rent despite two justified warnings
- Default giving rise to two justified warnings in the same lease year
- Use in breach of the contract and disturbance to neighbours
An eviction suit based on need must be filed within one month after the end of the lease term; this period is a forfeiture period. Good faith and genuine need must be proved in the proceedings. If the evicted home is let to someone else within three years without a justified reason, the tenant can claim compensation equal to one year's rent.
Eviction through enforcement for unpaid rent
If rent is not paid, the landlord can start enforcement proceedings for the rent claim and eviction by sending a payment order. If the tenant neither pays nor objects within 30 days, eviction can be requested.
Practical tips
- Pay rent by bank transfer and note the rent period in the description
- Attach an inventory and handover report to the contract
- Give notices through a notary or registered email
- Check the periods with a lawyer before suing or seeking eviction
Every case differs; because deadlines can cost you your rights, we recommend consulting a lawyer.