In this article
Reviewed September 2026
A lease sets out the rights and duties of the landlord and tenant. Clear written terms help prevent disputes, but mandatory rules may limit what the parties can agree. The Turkish source article remains authoritative for the original legal analysis.
1. Core Elements of a Lease
The agreement should identify the property and parties, permitted use, start date and term, rent and payment date, delivery condition, utilities and allocation of maintenance duties. Record the inventory and meter readings at handover. For business premises, also address common charges, signage, alterations and any required operating permissions.
2. Limits on Rent Increases
Turkish law restricts rent adjustments for residential and covered workplace leases. The applicable increase is generally tied to the twelve-month average change in the consumer price index, subject to current statutory rules and any temporary provisions. A contract cannot bypass mandatory limits simply by using a different label. Check the rule in force for the relevant renewal period.
3. Security Deposit Rules
For residential and roofed workplace leases, the security deposit is subject to statutory limits and must be handled under the prescribed conditions. The agreement should state its amount, purpose, custody and return procedure. Do not treat the deposit as automatically available for the last month’s rent; deductions should be documented and legally justified.
4. Termination and Eviction
A landlord cannot end a lease merely because they prefer to do so; statutory grounds and notice or court procedures may apply. The rules differ depending on whether termination is based on expiry, non-payment, need, redevelopment or another ground. Keep notices, service records and payment evidence, and verify deadlines before taking action.
5. Defects, Maintenance and Repairs
The landlord’s and tenant’s responsibilities depend on the type of defect, the cause and the agreement, subject to mandatory law. Report defects promptly in writing, keep photographs and invoices, and distinguish ordinary use-related minor maintenance from major repairs. Do not arrange substantial work or offset costs against rent without checking the legal basis and notice requirements.
6. Subletting and Assignment
A tenant’s ability to sublet or transfer the lease may depend on the property type, the landlord’s written consent and the applicable statutory rules. The original tenant may remain liable after a permitted transfer. State the consent process clearly and do not assume that informal approval changes the agreement.
7. Why a Written Agreement Matters
A signed written lease provides evidence of the agreed terms and helps document handover, later changes and notices. Attachments such as an inventory, photographs and written amendments should be dated and retained by both parties. A written contract cannot validate a term that conflicts with mandatory law.
8. Conclusion
A carefully prepared lease reduces uncertainty about payment, repairs and ending the tenancy. Before signing or issuing a termination notice, check the property type, applicable mandatory provisions and current deadlines. Have disputed or high-value matters reviewed on their specific facts.
Sources
Original source titles and links are retained below in Turkish.
- [1] Görüşme Talebi Open source (in Turkish)
This article is general information, not legal advice. Check the facts and current rules in each case.