Property Law is one of the most important laws in Türkiye regulating real estate transactions. Topics such as residential leasing, eviction procedures, rent increase rates and landlord and tenant rights are addressed within the framework of this law. With the latest amendments made in 2025, certain changes that directly affect both landlords and tenants have come into force. In this article, we will examine the basic provisions of the Property Law, the rights and obligations of the parties, the legal rent increase limits and eviction procedures in detail.
What is the Property Law?
The Property Law, evaluated within the scope of Real Estate Law, is formed by the combination of various legal regulations such as the Turkish Civil Code, the Code of Obligations and the Condominium Ownership Law of the Republic of Türkiye. The most commonly applied regulation, especially in residential and commercial leases, is the Turkish Code of Obligations No. 6098.
The Property Law covers a wide range of areas including the leasing, use, eviction, transfer procedures of a property and the obligations of the parties. In this context, the tenant’s rights, the landlord’s responsibilities and the rent increase rules are clearly defined.
What Are the Tenant Rights?
According to the current real estate legislation in Türkiye, tenants have some basic rights:
- 1. Right to Occupy the Property: The tenant has the right to occupy the property for the duration of the contract and the landlord cannot evict the tenant without a valid reason.
- 2. Limitation of Rent Increases: Rent increases are limited to TÜFE (Consumer Price Index) rates. As of 2025, the 25% cap application remains in effect.
- 3. Prevention of Unwarranted Interference: The landlord cannot interfere with the rented property without permission or disturb the tenant during the lease period.
- 4. Right to Maintenance and Repair: The landlord is responsible for remedying any serious defects that arise in the property. The tenant can claim these costs.
- 5. Deposit Protection: The deposit collected from the tenant must be held in a bank account and refunded after eviction if there is no damage.
Landlord Obligations and Rights
Landlords have both rights and responsibilities in their relationships with tenants. Here are some key points:
- 1. Collection of Rent: The landlord has the right to demand timely payment of the amount specified in the lease agreement.
- 2. Rent Increase: Rent increases can only be made within legal limits and if specified in the contract. The TÜFE limits cannot be exceeded.
- 3. Eviction at the End of the Contract Period: Eviction is possible once the tenant’s contract period has expired, but written notice is required.
- 4. Eviction Through Court: If the tenant fails to pay rent or uses the property for purposes other than intended, the landlord can file an eviction lawsuit.
- 5. Sale Situation: Even if the property is sold, the new owner cannot evict the tenant until the end of the contract period.
How Should a Lease Agreement Be Prepared?
A lease agreement defines the legal relationship between the parties. It is always recommended to have it in writing. It is important that the contract includes the following items:
- Identity information of the parties
- Lease start and end dates
- Monthly rent amount and payment date
- Deposit amount
- Rent increase rate and year
- Purpose of use of the property
2025 Rent Increase Rates and Cap Application
In 2025, the 25% rent increase cap remains in effect. This rate applies only to residential rents, while the TÜFE average is taken into account for commercial leases. Even if the landlord and tenant agree, exceeding this limit is not legal.
How Does the Eviction Process Work?
Eviction is one of the most common areas of dispute between landlords and tenants. The Property Law provides various avenues for eviction:
- Eviction Commitment Letter: If the tenant has declared in writing that they will vacate the property on a specific date, eviction can be requested based on this document.
- Two Justified Notices: If the tenant delays rent payment twice within a year, the landlord can file an eviction lawsuit on this basis.
- Personal Use Requirement: The landlord can request eviction by declaring the need to use the property for themselves or their first-degree relatives.
- Reconstruction or Renovation: If the building requires major repairs, the right to eviction arises.
Prohibition on Re-letting After Tenant Eviction
After evicting a tenant on the grounds of “I will live there myself”, the landlord cannot rent the property to anyone else for 3 years. Otherwise, the tenant can file a compensation lawsuit. This is an important protection in favour of the tenant introduced by the Property Law.
What Happens If the Tenant Damages the Property?
At the end of the lease period, the tenant is obliged to return the property in the condition received. If there is significant damage, it is deducted from the deposit. If the damage is extensive, the landlord can also file a lawsuit.
Mediation and Legal Proceedings According to the Property Law
As of 2023, mandatory mediation has been implemented for rent disputes. If the parties cannot reach an agreement during this process, they can apply to the court. Mediation saves both time and expense.
Conclusion: The Property Law Protects Everyone’s Rights
Both tenant rights and landlord obligations are clearly regulated by the Property Law. With rising rents and housing shortages today, having this legal knowledge is more important than ever. Preparing lease agreements in writing and clearly, carrying out eviction conditions in accordance with the law and resorting to mediation in case of disputes will yield positive results for all parties.
Note: This article is for informational purposes only. It is recommended to consult a lawyer for specific disputes.
