Tenant Eviction and Rent Determination in Turkey 2026

For foreign property investors in Turkey, the last few years have been chaotic due to the 25% Rent Increase Cap. The good news for landlords is that the 25% cap officially ended as of mid-2024 and remains abolished in 2026.

However, Turkish Law (TBK) is still heavily pro-tenant. You cannot simply evict a tenant because “the contract expired”. Eviction requires specific legal grounds and strict adherence to procedure.

1. Rent Increase Rules 2026 (CPI Era)

Since the removal of the 25% cap, rent increases for residential leases are now capped at the “12-Month Average CPI” (TÜFE) rate announced by TURKSTAT.

• How it works: If your contract renewal is in January 2026, and the 12-month average inflation is 45%, the maximum legal increase is 45%.
• Illegal Increases: You cannot demand a 100% increase just because “market prices doubled”. If you do, the tenant can sue you.

2. The “5-Year Rule”: Rent Determination Lawsuit

If a tenant has stayed for 5 Years, the CPI limit no longer applies.

• The Lawsuit: You can file a “Rent Determination Lawsuit” (Kira Tespit Davası) to bring the rent up to current market value (Rayiç Bedel).
• Expert Valuation: The court appoints experts to assess comparable properties in the neighborhood. They maintain a balance (Equity Deduction, usually 10-20% off the full market price) to protect existing tenancy stability.
• Pre-requisite: Mandatory Mediation.

3. How to Evict a Tenant? (Valid Reasons)

In Turkey, a lease contract automatically renews itself indefinitely unless the Tenant cancels it. The Landlord can only terminate for specific causes:

A. Eviction for Need (Necessity) - TBK 350

If you, your spouse, children, or parents genuinely need the property to live in.

• “Samimi” (Sincere) Test: The court checks if the need is real. You cannot evict for need and then re-rent it to a stranger.
• 3-Year Ban: If you evict for need but re-rent the property to someone else within 3 years, you must pay the old tenant 1 year’s rent as compensation.

B. Eviction Undertaking (Tahliye Taahhütnamesi)

This is the “Golden Ticket” for landlords.

• What is it? A written document where the tenant promises to vacate on a specific date.
• Validity Rules:
  1. It must be in writing.
  2. It must be signed AFTER the delivery of the property (i.e., after the lease start date). If signed on the same day as the lease, it is invalid (voidable).
  • Process: If the date comes and the tenant doesn’t leave, you can start enforcement proceedings immediately without a long trial.

C. Two Justified Warnings

If the tenant pays late twice in one rental year (e.g., January-January), and you send two valid Notary Warnings, you can file for eviction at the end of the year.

D. The “10-Year Extension” Rule

If the tenant has completed 10 extension years (usually 11 years total tenancy), the landlord can evict them without giving any reason, provided they send notice 3 months before the term ends.

4. Mandatory Mediation (Arabuluculuk)

As of September 2023, you cannot file a rent lawsuit (Eviction or Determination) directly. You MUST apply for Mediation first.

• Duration: Up to 4 weeks.
• Outcome: If you agree, it’s binding. If not, you get a “Final Report” and can then file your lawsuit.

FAQ for Foreign Landlords

1. I bought a house that has a tenant inside. can I kick them out?

Not immediately. You become the party to the existing lease.

• New Owner Exception: If you bought it for your own need, you must send a notice within 1 month of purchase and file a lawsuit after 6 months. If you miss the 1-month deadline, you have to wait for the contract renewal date.

2. Can I demand rent in Dollars or Euros?

No. Presidential Decree No. 32 (Law on Protection of Turkish Currency) bans foreign currency contracts between Turkish residents. However, if you represent a foreign company or valid exceptions apply (rare for residential), it might be possible. Generally, stick to TL to avoid fines.

3. How long does an eviction lawsuit take?

Turkish courts are clogged. An eviction case can take 1.5 to 3 years (including appeals). This is why having a valid “Eviction Undertaking” (Tahliye Taahhütnamesi) is crucial—it’s much faster (months).

Conclusion

Managing property in Turkey requires strict legal compliance. A simple mistake in a notice period or warning letter can cost you years of litigation. Whether you are a landlord dealing with a non-paying tenant or a tenant facing illegal eviction, we act as your local legal shield.

Konya Real Estate & Eviction Attorney

We offer end-to-end property management legal services: drafting iron-clad contracts, handling mediation, and executing eviction orders.

📞 English Speaking Real Estate Attorney: +90 554 192 47 20

📧 Email: fevziyaskir@gmail.com

📍 Address: Nişantaş Mah. Vatan Cad. No:12/1 Selçuklu/KONYA

⚖️ Av. Fevzi Yaşkir

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Legal Disclaimer: This guide was prepared by Attorney Fevzi Yaskir to assist foreign investors and expats in Turkey.

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