Scope of Landlord and Tenant Law and Common Fundamental Disputes

Landlord and tenant law is regulated in the Turkish Code of Obligations and examines the rights, debts, and obligations between the lessor and the lessee, making it one of the most dynamic and frequently disputed sub-branches of real estate law. The leasing of residences and roofed workplaces has been subjected to special protection provisions by the legislator in order to protect economic and social balances.

Fundamental Principles of Lease Law

In the Turkish Code of Obligations, lease agreements are not subject to a formality requirement (although they are made in writing in practice for ease of proof). The fundamental principle is the protection of the weaker party (the lessee) alongside freedom of contract. In residential and roofed workplace leases, modifications against the lessee cannot be made except in cases expressly permitted by law; even if the contract term expires, the contract tends to extend automatically under legal conditions as long as the lessee does not wish otherwise. zayıf tarafın (kiracının) korunmasıdır. Konut ve çatılı iş yeri kiralarında, kanunda açıkça izin verilen haller dışında kiracı aleyhine değişiklik yapılamaz; sözleşme süresi sona erse dahi kiracı istemediği sürece sözleşme yasal şartlarda kendiliğinden uzama eğilimi gösterir.

Common Fundamental Disputes in Landlord and Tenant Law

The types of lease disputes that constitute a large portion of the workload of civil courts of peace and enforcement offices in practice are:

• Lawsuits for the Determination of the Rent Amount: These are lawsuits filed for the determination of the new period's rent amount by a judge based on market conditions, the Consumer Price Index (CPI) increase rate, and equity in lease agreements that have completed five years or last longer than five years.
• Rent Receivables and Enforcement Proceedings Due to Non-Payment: These are summary enforcement proceedings initiated when the rent is not paid on time, along with the consequent removal of objections to the payment order and requests for eviction.
• Evictions Based on a Written Eviction Commitment: These are eviction processes initiated through enforcement proceedings or lawsuits in cases where the lessee does not vacate the immovable property on the date they committed in writing to evacuate it.
• Eviction Due to Necessity (Residence or Workplace): These are eviction lawsuits filed by the lessor (landlord) due to the residential or workplace necessity of themselves, their spouse, descendants, ascendants, or other persons they are legally obliged to look after.
• Eviction at the End of the 10-Year Extension Period: These are disputes arising from the lessor's right to terminate the contract by making a notification within due time, without showing any reason, after the 10-year extension period expires in residential and roofed workplace leases.
• The New Owner's Necessity and Termination of the Contract: These are eviction lawsuits filed by the new owner of the purchased real estate by sending a warning letter to the former lessee within statutory periods due to their own necessity. Satın alınan gayrimenkulün yeni malikinin, kendi ihtiyacı nedeniyle eski kiracıya karşı yasal süreler içinde ihtarname göndererek açtığı tahliye davalarıdır.

Key Considerations in Legal Proceedings

In landlord and tenant law, periods, the timing of sending warning letters, and procedural rules are extremely strict. With Law No. 7445, known in the public as the 7th judicial package, mandatory mediation has been introduced before applying to court for all rent receivables and eviction requests. In order to prevent the loss of rights, not miss termination notification periods, and correctly manage enforcement proceedings, it is of great importance that legal processes are carried out with expert support.