Being in Turkey Without a Residence Permit

 BEING IN Türkiye WITHOUT A RESIDENCE PERMIT  

Turkey's immigration law regime, particularly with the enactment of Law No. 6458 on Foreigners and International Protection (YUKK) , has become a modern, human rights-oriented structure that also strictly protects the sovereign powers of the state. The most fundamental rule of this regime is that a foreigner must possess a valid legal basis (visa, visa exemption, residence permit, work permit, or international protection status) to be present on Turkish soil. The loss or complete absence of this basis triggers a process known in our legal system as "irregular migration," which is subject to severe administrative penalties.

1.1. Loss of Legal Right to Stay and the Concept of "Violation"

A foreigner's presence in Türkiye without a residence permit can arise in two ways. Firstly, they may have entered the country legally (with a visa or visa exemption) but fail to apply for a residence permit at the end of the permitted period, or their application may be rejected. Secondly, they may have entered the country illegally (by crossing the border). In both cases, the foreigner may be considered an "undesirable person" in terms of public order. The legislator does not view a foreigner without a residence permit merely as a "rule violator"; it also considers them an element that paralyzes the state's border security and demographic control mechanisms.

1.2. Deportation Decision: Mechanism and Cancellation Procedures

Article 54 of the Law on Foreigners and International Protection a Deportation Order . This decision is a unilateral and executive action of the administration (Governorships). However, this action does not have absolute and unlimited power.

• Non-Refoulement Principle: A foreigner to be deported cannot be deported, even without a residence permit, if they would be subjected to torture, inhuman or degrading punishment or treatment in the country of destination. This is a binding provision of international law and the jurisprudence of the Constitutional Court.
• Judicial Review and Suspension Effect: A foreigner who has been ordered deported within 7 days . One of the strongest aspects of the system in Turkey is that filing this lawsuit automatically suspends the deportation process. That is, the foreigner cannot be expelled from the country until the trial is completed. However, it should be noted that this suspension effect may not always apply in cases such as membership in a terrorist organization or a serious threat to public security.

1.3. Administrative Detention and Repatriation Centers (RDCs)

The restriction of freedom for foreigners without residence permits, i.e., placing them under administrative detention until deportation proceedings are completed , is one of the most controversial aspects of the practice. Administrative detention is not a "prison sentence"; it is an administrative measure.

• Conditions: Individuals at risk of escape or disappearance, those violating entry and exit rules, or those posing a threat to public safety are referred to the General Directorate of Migration Management (GGM) by a decision of the governor's office.
• Duration and Supervision: The administrative detention period is a maximum of 6 months; however, it can be extended by another 6 months if the foreigner does not cooperate. The foreigner or their lawyer may appeal to the Magistrates' Court against this detention decision, requesting "release." The judge may terminate the detention with a "resignation order" or "signature obligation," taking into account factors such as the foreigner having an address in Turkey and a stable life.

1.4. Economic Sanctions: Administrative Fines and Collection Regime

Foreign nationals who violate residency regulations are subject to not only physical but also economic penalties. A fine, calculated based on a predetermined rate for each day of violation, is recorded in the foreign national's record.

• Visa Violation Penalty: The foreigner is obligated to pay this penalty upon leaving the country. If they leave without paying the penalty, a temporary entry ban will be imposed.
• Restriction Codes (V, G, C Series): Foreigners caught without a residence permit or failing to pay a fine are assigned "restriction codes." For example, C-114 code indicates that a case has been opened against the foreigner and their entry is subject to permission. These codes are "blacklist" markers attached to the foreigner's digital identity, blocking all future visa applications.

1.5. Entry Restrictions and Forfeiture Effects

Depending on the duration of the residence violation (10 days, 3 months, 1 year, etc.), a foreigner may be banned from entering Türkiye for a period of 1 month to 5 years. In some extreme cases (disrupting public order), this period can be extended up to 10 years. This ban makes it impossible for the foreigner to enter Türkiye not only as a tourist, but also for family reunification or education purposes.

1.6. The Necessity of Administrative Supervision

In conclusion, being in Türkiye without a residence permit pushes an individual outside the legal protection shield. Although fundamental human rights (right to life, prohibition of torture) remain, the foreigner is forced to live in an "administrative vacuum." The state has the power to deport this foreigner at any time in order to protect public order. This section of the analysis shows that not having legal status in Türkiye is not merely a lack of documentation; it is a series of legal risks where one's freedom can be restricted and one can be expelled from the country at any moment.

 WORKING WITHOUT A RESIDENCE PERMIT 

In Turkey, the participation of foreigners in the labor market the International Labor Law No. 6735. A fundamental misconception in this area is the belief that residence permits and work permits are interchangeable. However, in our legal system, these two types of permits are under the supervision of different public institutions, and possessing a residence permit does not automatically grant a foreigner the right to work. While engaging in work activities without a residence permit, i.e., in what is referred to as an "illegal" status, is a prohibited activity subject to severe penalties under public law, a different protective shield has been developed under private law (Labor Law) in accordance with the principle of protecting labor rights.

2.1. “Legal Interoperability” Between Work Permit and Residence Permit

Foreign nationals must obtain permission from the Ministry of Labor and Social Security to work in Turkey. A foreign national without a residence permit (except in exceptional circumstances) must first possess a valid residence permit for at least six months before applying for a work permit. Therefore, it is technically impossible for someone without a residence permit to obtain a work permit directly. However, once a legal work permit is obtained, it Article 27 of the Law on Foreigners . For a foreign national to be considered to have neither a residence permit nor a work permit, and thus to be "working," is considered the most extreme form of "informal employment" within the legal system.

2.2. Consequences of Illegal Employment from a Public Law Perspective

Foreign nationals working without a residence and work permit are considered to have circumvented the state's oversight mechanisms. This has serious consequences for both employers and employees

• Administrative Fines: High fines, updated as of 2026, will be applied separately for each undocumented worker employed by the employer. Foreign workers will also be subject to a separate fine.
• Grounds for Deportation: Working without permission is considered "disrupting public order" and "violating legal conditions of stay" under the Law on Foreigners and International Protection, and is therefore sufficient reason in itself for the immediate deportation of the foreigner.
• Repeated Violations: If a business consistently employs unauthorized foreign workers, administrative measures such as temporary closure of the business or revocation of its operating license may be taken.

2.3. Invalidity and Protection of Labor from the Perspective of Private Law

In legal theory, contracts made in violation of mandatory legal provisions are considered "void" (invalid). An employment contract with an illegal immigrant is also legally invalid because it violates public order. However, the Turkish judiciary, and especially the Supreme Court, has established a balance between "formal law" and "justice" in this regard.

• Principle of Actual Labor: According to the established jurisprudence of the Supreme Court, even if the employment contract is invalid, if the foreign worker has actually performed labor, they have the right to receive compensation for that labor. The employer cannot act contrary to the principle of good faith by saying, "You did not have a work permit, therefore our relationship is illegal and I am not paying you."
• Labor Claims: Foreign nationals without a residence permit can claim unpaid wages, overtime pay, annual leave pay, and (if applicable) severance and notice pay through legal action. In these cases, the court focuses not on the invalidity of the contract, but on the duration and nature of the work actually performed.

2.4. Occupational Accidents and Social Security Liability

For an employer, a workplace accident involving a foreigner without a residence permit is a legal nightmare. The social security system covers unregistered workers but passes the bill on to the employer

• Recourse Claims: The Social Security Institution (SGK) covers all treatment costs for the foreign accident victim and provides disability benefits if necessary. However, because the victim was employed as an "undocumented worker," the institution recovers all expenses incurred from the negligent employer, plus interest.
• Moral and Material Damages: Foreign workers, or their relatives in the event of their death, can file a compensation claim against the employer. Courts do not consider the foreigner's lack of legal status as a barrier to compensation; because the obligation to take occupational health and safety measures is independent of the worker's nationality or permission status.

2.5. Trade Union Rights and Freedom of Association

While foreign workers in an undocumented status theoretically have trade union rights, they cannot be exercised in practice due to the fear of deportation. According to the principles of the International Labour Organization (ILO), every worker has the right to organize. In Türkiye, there are no legal obstacles to this right; however, for a foreigner without a residence permit, participating in trade union activities carries the risk of their identity being revealed and resulting in deportation, thus this right remains a "dead rule.".

2.6. Illegal Employment as a “Legal Contradiction”

In conclusion, working in Türkiye without a residence permit contains a paradox. While the state pursues this individual with the intention of "deporting them if caught," the courts protect the same person against the employer for employing them and order the return of compensation for their labor. This situation reflects the balance between the violation of public law (the authority of the state) and the protection of private law (justice between individuals). Illegal work is a "shadow economy" life for the foreigner, devoid of social security, constantly threatened with deportation. However, the law fulfills the requirements of a modern rule of law by not ignoring this shadow labor.

 OPERATING A BUSINESS, PARTNERING IN A COMPANY, AND CONDUCTING COMMERCIAL ACTIVITIES WITHOUT A RESIDENCE PERMIT

Turkey's policy of encouraging foreign investment has brought with it a series of rules that are quite flexible regarding the participation of foreigners in commercial life, but equally strict in operational processes. A foreigner's participation in a commercial structure in Turkey without a residence permit the "right to own capital"and the "prohibition of actual business operation" . This section analyzes the legal options and obstacles faced by foreigners without residence permits in establishing companies, becoming partners, and managing these businesses.

3.1. Freedom of Investment and the Right to Establish a Company

Turkey has adopted the principle of "equal treatment" in accordance with Law No. 4875 on Foreign Direct Investments. According to this principle, foreign individuals are not required to reside legally in Türkiye to establish a company or become a partner in an existing company.

• Legal Status: A foreigner can establish a limited liability or joint-stock company in Turkey from anywhere in the world (or by sending a power of attorney). A translated passport and tax identification number are sufficient for registration; a residence permit is not required.
• Property Rights: Owning company shares is a property right. Therefore, a foreigner without a residence permit can own 100% of a Turkish company, receive dividends, and claim rights over the company's assets. However, this does not grant them the right to "physically work" under the company's umbrella.

3.2. The Conflict Between Actual Management and the Concept of "Work"

The difference between a foreigner without a residence permit owning a company and actually "operating" (managing) that company is where the sanctions begin. According to Law No. 6735 on International Workforce, foreigners working independently in a business must obtain an "independent work permit".

• Behind-the-Stop and Operations: If a foreign company partner is personally selling goods in a store owned by the company, working in the kitchen of a restaurant, or carrying out operational tasks in an office, this is considered "actual employment." If they do not have a residence permit and associated work permit, this is classified as "illegal employment," and both the individual and the legal entity (company) will face heavy administrative fines.
• Business Opening and Operating License: Applications for a "Business Opening and Operating License" required to open a business within the boundaries of a municipality and its adjacent areas require a residence and work permit from the foreigner establishing the sole proprietorship. It is legally prohibited for a foreigner without the necessary permits to open a business in their own name (as a sole proprietorship).

3.3. The Issue of Company Directorship and Signature Authority

The situation of foreigners serving as directors in limited companies and board members in joint-stock companies is the area where commercial law and immigration law most frequently overlap.

• Right to Appoint a Director: The Turkish Commercial Code does not require a residence permit for a foreigner to be appointed as a company director. However, if the foreign director is not resident in Turkey or does not have a residence permit, they cannot personally manage the company from Turkey.
• Work Permit Requirement: If a foreign partner intends to manage a company in Turkey as a director, they are required to obtain a "Company Partner Work Permit." To obtain this permit, the company must meet certain capital and employment quotas (e.g., employing 5 Turkish citizens). If someone without a residence permit bypasses this process and acts as a director, they risk deportation under Article 54 of the Law on Foreigners and International Protection for "violating public order."

3.4. Validity of Commercial Transactions and Contracts

Commercial transactions (purchase of goods, sale of goods, issuance of invoices) carried out by a business operated by a foreigner without a residence permit are, as a rule, valid.

• Capacity to Contract: The lack of a residence permit for a foreigner does not negate their capacity to enter into a contract (legal capacity). A third party who purchased goods from this business cannot absolve themselves of their obligation by claiming, "the business owner did not have a residence permit, therefore the contract is invalid."
• Tax Liability: The state collects taxes even from "unlicensed" businesses. According to the Tax Procedure Law, establishing tax liability depends not on whether a person has a residence permit, but on whether the commercial activity is actually taking place. However, paying taxes does not legalize the "unlicensed operation/business"; it only fulfills the financial obligation.

3.5. Banking and Financial Access Barriers

In practice, the biggest obstacle for a foreigner without a residence permit to run a business is compliance policies. Banks, due to anti-money laundering regulations, refuse to open business accounts for foreigners who do not present a valid residence permit. It is almost impossible for a business without an account to survive in today's commercial world (POS machines, EFT/wire transfers). This pushes the foreigner without a residence permit into an informal, cash-based, and therefore "illegal" sector.

3.6. Investor or Offshore Operator?

In conclusion, while "owning a business" without a residence permit is a legal right in Türkiye, "operating that business oneself" is an administrative offense. The legal system permits the entry of foreign capital (company partnership) but requires oversight (residence and work permits) of the person managing that capital. A foreigner conducting commercial activity without a residence permit faces liability under tax and debt law, while also constantly risking deportation and the closure of their business due to lack of a license. This situation constitutes one of the biggest risks to the "legal security" of foreign investors.

VALIDITY OF LEGAL TRANSACTIONS CARRIED OUT WITHOUT A RESIDENCE PERMIT 

The capacity of a foreigner without a residence permit to conduct legal transactions in Türkiye is the point where the distinction between "public law prohibitions" and "private law freedom" is most sharply defined in legal doctrine. The lack of a legal basis for a foreigner's stay in the country does not negate their status as a "legal subject" and their capacity to act. This section examines, from an academic perspective, the validity regime of contracts, property acquisitions, and family law transactions involving foreigners without residence permits, within the framework of the Turkish Code of Obligations and related legislation.

4.1. Legal Capacity and Capacity to Act: A Status Independent of Residence Permit

According to Article 8 of the Turkish Civil Code, every person has legal capacity. Foreigners, subject to the principle of "reciprocity" and legal limitations, have similar legal capacity to Turkish citizens. The absence of a residence permit does not constitute a "lack of legal capacity" that prevents a foreigner from becoming a party to a contract, incurring obligations, or acquiring rights.

• Legal Capacity: Any foreigner who is of legal age and possesses the capacity to discern, whether or not they have a residence permit, can create obligations and acquire rights through their own actions. Therefore, a promissory note signed, a promise to sell made, or a debt relationship entered into by a foreigner in "illegal status" is not rendered "null and void" simply because they lack a residence permit.

4.2. Validity of Contracts and the Debate on Illegality

Article 27 of the Turkish Code of Obligations states that contracts whose subject matter is "contrary to mandatory provisions of the law, morality, public order, and personal rights" are absolutely null and void. However, the "contrary to law" here relates to the content and purpose of the contract; it does not relate to the administrative status of one of the parties.

• Rental Agreements: A rental agreement for a foreigner without a residence permit is legally valid. According to the rental agreement, the tenant is obligated to pay the rent, and the landlord is obligated to deliver the property. If the landlord receives an administrative fine for failing to report the foreigner, or if the foreigner is deported, this does not affect the initial validity of the agreement. If the foreigner is deported, the agreement terminates under the provisions of "impossibility of execution."
• Service and Work Contracts: As mentioned in previous sections, although employment contracts made without a work permit are prohibited under public law, private law protection continues in terms of claiming compensation for the labor performed.

4.3. Real Estate Acquisition and Property Rights

The acquisition of immovable property (house, land) in Turkey by foreigners Article 35 of the Land Registry Law No. 2644. The law does not require "having a residence permit" as a condition for acquiring immovable property (except for citizens of certain specific countries).

• Property Transfer: An undocumented foreigner can register a property in their name at the land registry office with a valid passport and tax identification number. The land registry director is not obligated to ask if the foreigner has a residence permit; their duty is to verify the transfer of ownership within legal limitations (military restricted areas, 10% restriction, etc.).
• Conclusion: Purchasing real estate does not automatically grant a residence permit to a foreigner. Even if the individual is deported after the purchase, they remain the owner of the property in Turkey. They can sell or rent the property through an agent. Property rights are constitutionally protected, regardless of administrative status.

4.4. Family Law Procedures: Marriage and Recognition

Transactions related to family law involving foreigners without residence permits are also largely considered valid.

• Marriage: A foreigner wishing to marry before Turkish authorities only needs to present a valid passport; a residence permit is not required. This marriage will have legal consequences under Turkish law and the foreigner's own national law.
• Paternity and Recognition: A foreign father in an undocumented status can have his child, born in Turkey, recognized by the population registry office. This process establishes paternity and safeguards the child's rights. The "illegality" created by the administrative situation does not prevent the legal registration of family ties.

4.5. Practical Obstacles Encountered in Legal Procedures

Although the transactions are theoretically valid, the lack of a residence permit can effectively render the "performance of the obligations" impossible

• Notary Procedures: Some notaries may refuse to process a transaction on the grounds that "residency" cannot be confirmed without a residence permit. However, this is a matter of practice rather than a legal issue.
• Subscriptions and Banking: Opening a bank account or starting an electricity or water subscription is almost impossible without a valid residence permit (Foreign Identification Number – starting with 99). This situation disrupts the "use" purpose of the rental agreement entered into by the foreigner.

4.6. The Impact of Administrative Violations on Private Law

In conclusion, the lack of a residence permit in Türkiye does not push a foreigner into an “illegal zone.” Legal transactions are valid and binding under the Law of Obligations as long as the parties' intentions are not impaired. However, if the “validity” of these transactions depends on the person's physical presence in the country (for example, a service contract or the rental of a house to be lived in), the deportation decision terminates these transactions “de facto, not legally.” The legal system does not punish the foreigner's administrative fault by completely disregarding their property and contractual freedoms; however, it allows administrative sanctions to override these freedoms.

 LEGAL CONSEQUENCES OF BEING IN Türkiye WITHOUT A RESIDENCE PERMIT

In this final installment of our comprehensive series on immigration law in Türkiye, we examine the cumulative effects of the lack of a residence permit on an individual's life, the resulting loss of rights, and the strategic consequences of this situation. As emphasized in previous installments, the absence of a residence permit is not merely a "lack of documentation," but rather transforms an individual's presence within the legal system into an "administrative risk.".

5.1. Freedom to Seek Justice and Access to Courts

According to Article 36 of the Constitution, "Everyone has the right to assert and defend their claims before judicial authorities as a plaintiff or defendant, using legitimate means and methods, and the right to a fair trial." This right also applies to foreigners.

• Right to Sue: A foreigner without a residence permit can file a lawsuit in Turkish courts for an injustice suffered (for example, a debt claim or compensation for a workplace accident). The lack of a residence permit is not a "procedural deficiency" that prevents filing a lawsuit.
• Security Deposit Exemption: The "foreign security deposit" (cautio judicatum solvi) that foreigners must deposit when filing a lawsuit in Turkey is determined on the basis of reciprocity. A foreigner without a residence permit may be exempted from this deposit if there is a reciprocity agreement between their country of citizenship and Turkey.
• The Issue of Representation: The biggest risk is the deportation of the foreigner while the case is ongoing. In this case, the foreigner cannot pursue the case personally; they must be represented by a lawyer.

5.2. Access to Public Services and Loss of Social Rights

In Türkiye, a residence permit requires a foreigner to obtain a "social identification number" (a foreign identification number starting with 99). The absence of this number makes access to many essential services provided by the state impossible

• Healthcare Services: A residence permit is required to be covered by the General Health Insurance (GSS) system. Foreigners without a permit cannot receive free or insured treatment at public hospitals, except in emergencies. At private hospitals, they may receive services at "tourist" rates and at high costs.
• Right to Education: For foreign children to be enrolled in state schools, their parents must have a valid residence permit. Children of families without residence permits face great difficulties even in registering as "guest students," which effectively hinders their right to education.

5.3. Barriers to Access to Basic Infrastructure and Banking Services

In today's world, bank accounts and basic utilities (electricity, water, internet) are essential for the continuation of economic life.

• Banking: Banks, in accordance with BDDK and MASAK regulations, do not open accounts for foreigners who do not present a valid identity document and residence permit. This prevents the foreigner from keeping their money safe, receiving their salary, or making business payments.
• Subscriptions: Even if a person legally rents a house, they cannot register for electricity, water, or natural gas subscriptions in their own name due to the lack of a residence permit. This situation forces foreigners to register subscriptions in someone else's name or resort to unregistered methods, which creates new legal risks (penalties for unauthorized use).

5.4. Restriction Codes and the Risk of Future “Entry Bans”

The time spent without a residence permit is recorded in the foreigner's digital record.

• V-84 (Entry Subject to Payment): This code is assigned if the fine is not paid upon departure from the foreign country.
• G-82 (National Security): This is one of the most difficult codes to lift, imposed on foreigners deemed to disrupt public order. These codes and prohibitions can permanently cripple not only a person's present but also all future ties they may establish with Turkey (marriage, business, tourism).

5.5. Legal Security and Risk of Abuse

Foreigners without residence permits become vulnerable to abuse because they feel they are “de facto” deprived of legal protection.

• Employer Exploitation: Employers may force foreigners to work for low wages and under poor conditions by threatening them with deportation if they complain.
• Fraud: Scammers posing as "intermediaries" take money from foreigners by promising to obtain residence permits for them, exploiting the foreigner's search for legal status.

Being in Turkey without a residence permit traps a person in an "invisible" status. Although transactions under the Law of Obligations (rent, purchase, sale) are valid and courts protect labor rights, the power of deportation, hangs like a "Sword of Damocles" over all these legal rights.

From an academic perspective, Turkey is trying to maintain a balance between "human rights" and "public order" while combating irregular migration. However, from an individual standpoint, the lack of legal status severs not only a person's connection with the state but also their healthy ties with society and the economy. Therefore, the first step for every foreigner who will operate or reside in Türkiye should be to clarify their legal residency status in order to ensure their legal security.

TENANT STATUS WITHOUT A RESIDENCE PERMIT AND EVICTION REGIME

In Türkiye, a foreigner renting a property without a residence permit is one of the most concrete examples of the tension between public law prohibitions and the freedom of contract under private law. A legal analysis of this situation rests on three fundamental pillars: the validity of the contract, the responsibilities of the parties, and eviction procedures.

6.1. Establishment and Validity of the Lease Agreement

According to the Turkish Code of Obligations (TBK), a lease agreement is not subject to any formal requirements; it is established by the mutual and congruent declarations of intent of the parties.

• Regarding Legal Capacity: The absence of a residence permit does not negate a foreigner's capacity to enter into contracts. A foreigner can still be a party to a debt relationship even if their legal stay has expired.

• Legal Validity: The subject matter of the contract (the transfer of the use of a property) is not contrary to law or morality. Therefore, a lease agreement cannot be automatically deemed void on the grounds that "the tenant is a foreigner and does not have a residence permit. The contract continues to create obligations for both parties: the tenant is obligated to pay the rent, and the landlord is obligated to make the property available for use.

6.2. Administrative and Criminal Liability of the Landlord

Although the contract is valid under private law, there are significant risks for the homeowner under Law No. 1774 on Identity Reporting and the Law on Foreigners and Residents

• Identity Reporting Obligation: Landlords are obligated to report the identity information of foreign nationals renting their properties to the relevant law enforcement authorities (police or gendarmerie). If the tenant does not have a valid residence permit or visa, this reporting may lead to the arrest and deportation of the foreign national.

• Administrative Fines: Landlords who provide accommodation to undocumented foreigners and fail to report this to the authorities are subject to heavy administrative fines for "failure to report identity" and, in some cases, "knowingly providing facilities to an irregular migrant."

• The Controversy of Harboring and Aiding: If a host knowingly provides accommodation to a foreigner whose illegal status they are, with the intention of concealing them from authorities, this could be subject to much more serious charges under the Turkish Penal Code, such as "aiding and abetting migrant smuggling."

6.3. Subscriptions and Residential Address Registration Issues

The biggest practical obstacle for a tenant without a residence permit is meeting the basic needs of the home.

• Subscriptions: Electricity, water, and natural gas distribution companies require a "Foreign Identity Number" and a "Valid Residence Certificate" to initiate subscriptions. Tenants without permission cannot initiate these subscriptions in their own name.

• Address Registration System (AKS): Population registration offices do not accept address declarations from foreigners without residence permits. This results in the foreigner not having a "notification address," creating significant difficulties in legal proceedings (e.g., notification of a court case).

6.4. Eviction Regime: Is Lack of Residence Permit a Reason for Eviction?

The grounds for eviction listed in the Turkish Code of Obligations (default, necessity, two justified notices, etc.) are limited.

• Not a Direct Reason for Eviction: The cancellation or expiration of a tenant's residence permit is not regulated as a direct reason for eviction under the Turkish Code of Obligations. In other words, a landlord cannot evict a tenant simply by saying, "Your permit has expired, get out."

• Impossibility of Performance and Deportation: If the tenant, a foreigner, is apprehended and deported, the contract "impossibility of performance ." Since the tenant is physically absent from the country, they cannot fulfill their obligation to use the property. In this case, the lease agreement is considered automatically terminated.

• Landlord's Justifiable Reason: According to some doctrinal views, the landlord being constantly threatened with administrative penalties due to the tenant's illegal status may be considered to have rendered the continuation of the contract unbearable for the landlord (Turkish Code of Obligations, Article 331 – Extraordinary Termination).

6.5. Proof and Litigation Processes

In disputes arising between tenants without residence permits and landlords, the Civil Courts of Peace have jurisdiction.

• Rent Collection Cases: A landlord can demand unpaid rent from an illegal tenant. The court will rule on the amount owed, regardless of the foreigner's legal status, by examining whether there was "de facto use" of the property.

• No Obstacles to Filing a Lawsuit: A foreign tenant can sue a landlord for wrongful eviction attempts or for issues such as the return of a security deposit. Lack of a residence permit does not prevent access to court, but the risk of deportation during the proceedings makes pursuing the case more difficult.

6.6. Freedom of Contract vs. Public Order

In summary, being a tenant without a residence permit is a valid debt relationship under private law . However, this relationship becomes unsustainable when it encounters the wall of public law (identity verification and deportation processes). For the landlord, this means the "risk of administrative penalties," and for the foreigner, "the constant loss of housing security." The safest legal approach is to verify the foreigner's legal length of stay when drawing up the rental agreement and to include specific clauses in the contract stating that "the contract will be terminated if a residence permit cannot be obtained."