Introduction: Why is Rental Law the Most Debated Legal Area in Türkiye?

In Turkey, rental law is one of the areas affecting millions of people and generating the most disputes.
Economic fluctuations, housing shortages, exorbitant rent increases, lengthy eviction proceedings, and regulations such as the "25% rent increase limit" implemented between 2022 and 2025 have further complicated tenant-landlord relationships.

The most frequently asked questions today are:

• For what reasons can a landlord evict a tenant?

• How is rent increased?

• Is the 25% increase limit still in effect?

• What conditions must an eviction undertaking meet to be considered valid?

• What happens if a tenant fails to pay rent?

• What happens to the tenant if the landlord sells the house?

• What can be done against exorbitant rent increases?

This article provides detailed answers to all these questions in light of current legislation and Supreme Court precedents.

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I. Legal Nature of the Lease Agreement

According to the Turkish Code of Obligations, a lease agreement is:

➡ "It is a contract that stipulates the payment of rent in exchange for allowing the tenant to use something."

Lease agreements do not have to be in writing; verbal leases are also legally valid.
However, ease of proof, it is strongly recommended that they be in writing.

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II. Reasons a Landlord May Evict a Tenant

A landlord cannot evict a tenant simply by saying "I requested it."
According to the Turkish Code of Obligations, the grounds for eviction are limited.

1. Non-Payment of Rent (Two Valid Warnings)

If the tenant does not pay the rent on time, the landlord:

• 1. warning

  2. warning

By sending two valid warnings, they can initiate eviction proceedings.

2. Eviction Commitment

If the tenant has agreed to vacate the premises on the specified date through a notarized or handwritten commitment, the landlord proceedings .

Caution: The eviction undertaking is invalid if it was obtained on the same day as the contract signing (Supreme Court).

3. Evacuation Due to Necessity (Requirement)

An eviction lawsuit can be filed if the property is to be used as a residence by the homeowner or a first-degree relative.

4. Evacuation Due to Reconstruction/Renovation

Eviction is possible if the property requires major renovations, but there is a risk of claiming damages for bad faith.

5. Tenant Damaging the Property or Immoral Use

If a tenant's behavior is disturbing their neighbors, an eviction lawsuit can be filed.

6. Termination of the Contract

The contract does not automatically terminate upon its expiration; it is automatically extended.
The landlord cannot terminate it unilaterally.

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III. Tenant's Rights

The tenant has strong rights protected by law:

1. Inviolability of the home — The homeowner cannot enter the house without permission.

2. The right to sue against excessive rent increases

3. Request for rent reduction due to defective housing

4. Deposit refund

5. The right to use the rented property carefully

6. Right to compensation against wrongful eviction

Protecting the tenant is a fundamental approach of the Turkish Code of Obligations.

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IV. How is Rent Increase Calculated? – Based on Consumer Price Index (CPI)

As of 2025, residential rent increases the 12-month average of the Consumer Price Index (CPI) .

Example:

• Previous rent: 10,000 TL

• Average CPI over 12 months: 54%

• New rent: 15,400 TL

The 25% increase limit ended as of July 2024.
Now all increases are tied to the Consumer Price Index (CPI).

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V. Tenant's Rights Against Exorbitant Rent Increases

If the landlord requests an increase above the CPI (Consumer Price Index), the tenant:

1. You can file a rent determination lawsuit

The court determines a reasonable rent by examining comparable properties.

2. You can apply to an intermediary (arbitrator) or mediator

It falls under mandatory mediation.

3. You can reject an unjustified claim

A landlord cannot threaten someone by simply saying "get out".

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VI. Eviction Undertaking – Strict Conditions of the Supreme Court

For the eviction undertaking to be considered valid:

• It must have been obtained after the contract date

• The tenant must have free will

• History must be written clearly

• It must be handwritten or notarized

Commitments made on the same day are deemed invalid by the Supreme Court in 99% of cases.

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VII. What Happens to the Tenant If the House is Sold?

When a house is sold, the tenant's contract is transferred to the new owner without any changes.

New owner:

➡ You can issue a warning notice within the first month and
➡ file an eviction lawsuit due to necessity after 6 months.

Tenant:

• He continues to pay rent

• Cannot be removed from the house immediately

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VIII. Tenant's Failure to Pay Rent – ​​Enforcement Proceedings

If the tenant fails to pay rent:

1. Enforcement proceedings are initiated

A payment order is sent to the tenant with 7 days' notice.

2. If payment is not made, eviction will be requested

3. All rent arrears + interest + expenses are the responsibility of the tenant

The tenant has the right to "object" during this process.

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IX. Deposit Refund

The deposit can be a maximum of 3 months' rent .

Homeowner:

• They must keep it in a separate account at the bank

• It must be returned within 3 months of eviction

• They cannot make deductions without justification

Supreme Court:
"The security deposit is the tenant's guarantee, not the landlord's income."

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X. Mediation in Tenant-Landlord Disputes

According to the regulation made in 2023:

➡ Rental disputes cannot be filed without first going to mediation.

If an agreement cannot be reached through mediation, a lawsuit will be filed.

The mediation report is strong evidence.

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XI. Most Common Rental Disputes

1. Exorbitant rent increase

2. The deposit was not returned

3. Tenant eviction

4. Pressure to commit to eviction

5. Tenant causing problems in the house

6. The homeowner entering the house without notice

7. Underpayment of rent

8. Rent requested in cash

   Conclusion

   Rental law is an area where the balance between rights and obligations is delicate, both for tenants and landlords.
   To maintain this balance:

   • Acting in accordance with the law,

   • Accurately identifying the reasons for evacuation,

   • Adjusting rent increases according to the Consumer Price Index (CPI)

   • Professionally preparing contracts

   is necessary.

   Violation of legal procedures can have serious consequences for both tenants and landlords.