Rental Disputes and Mandatory Mediation in Turkey ( 2026)

Introduction to Mandatory Mediation

As of September 1, 2023, Turkey introduced mandatory mediation for most rental disputes under Law No. 7445. This means you cannot proceed directly to court—you must first attempt mediation.

This reform was designed to reduce court congestion and encourage faster, cheaper resolution of rental disputes. Understanding the mediation requirement is now essential for both landlords and tenants.

Which Cases Require Mediation?

Mandatory mediation applies to the following rental disputes:

Covered Disputes

Dispute Type	Turkish Term	Example
Rent Determination	Kira Tespit Davası	Dispute over fair rent increase amount
Eviction	Tahliye Davası	Landlord seeking to remove tenant
Rent Receivables	Kira Alacağı	Collecting unpaid rent through lawsuit
Adaptation	Uyarlama Davası	Adjusting contract terms due to changed circumstances

Exceptions (Mediation Not Required)

• Direct enforcement proceedings (İcra Takibi) for non-payment—you can go directly to enforcement office
• Injunctions and urgent measures in exceptional cases
• If the tenant objects to enforcement and you sue to lift the objection, mediation then becomes mandatory

The Mediation Process

Step 1: Application

Apply to the Mediation Bureau (Arabuluculuk Bürosu):

• Located at the courthouse
• Can also apply through UYAP (court electronic system)
• Free of charge to apply
• Application can be made by either party

Step 2: Mediator Assignment

The system automatically assigns a mediator from the registry:

• Certified mediators with legal training
• Assignment is random to ensure neutrality
• The assigned mediator contacts both parties

Step 3: Mediation Sessions

The mediator schedules a meeting:

• Timeframe: Maximum 3 weeks, extendable by 1 week
• Location: Mediator’s office, courthouse, or agreed location
• Parties (or their attorneys) must attend
• Sessions are confidential

Step 4: Outcome

If Agreement is Reached:

• Parties sign a Settlement Agreement (Anlaşma Tutanağı)
• The agreement has the force of a court judgment
• Can be directly enforced through execution offices
• No need for separate litigation

If No Agreement:

• Mediator issues a Disagreement Report (Anlaşmama Tutanağı)
• This report must be attached to your lawsuit petition
• You can now proceed to court

Timeframe Summary

Stage	Duration
Application to assignment	1-3 days
First session	Within 30 days of assignment
Total mediation process	Maximum 4 weeks
Lawsuit filing after non-agreement	Within statute of limitations

Costs and Fees

If No Agreement is Reached

• First 2 hours: Ministry of Justice covers the mediator’s fee
• Additional hours: Parties may be asked to contribute

If Agreement is Reached

• Mediator entitled to a fee based on the Mediation Fee Tariff
• Typically split 50/50 between parties unless agreed otherwise
• Fee based on the dispute value (similar to attorney fee scales)

Comparison with Court Costs

Mediation is generally much cheaper than litigation:

• Lower fees
• No court costs
• Faster resolution saves legal fees
• No lengthy appeals

Legal Effect of Mediation Agreement

A signed mediation agreement (anlaşma tutanağı) has powerful legal status:

Enforcement Power

• Equivalent to a final court judgment (ilam niteliğinde belge)
• Can be enforced directly at the Enforcement Office (İcra Dairesi)
• No court approval needed
• Immediate execution available

Binding Effect

• Parties cannot later sue on the same matter
• The agreement supersedes the underlying dispute
• Limited grounds for challenge (fraud, coercion, etc.)

What Happens If You Skip Mediation?

Procedural Rejection

If you file a lawsuit without first attempting mediation:

• The court will reject your case on procedural grounds
• Your case is dismissed without examining the merits
• You lose time, court fees, and attorney costs
• You must then go through mediation and file again

Time and Cost Implications

Skipping mediation results in:

• Wasted court filing fees
• Additional attorney fees
• Significant delay (3-6 months lost)
• Potential adverse statute of limitations effects

Attorney Representation in Mediation

While having an attorney is not mandatory, it is highly recommended:

Benefits of Legal Representation

1. Protecting your rights: Attorneys ensure you don’t make disadvantageous concessions
2. Negotiation skill: Experienced in settlement negotiations
3. Document review: Ensuring the agreement properly reflects the deal
4. Enforcement knowledge: Understanding what terms are enforceable

Common Mistakes Without Counsel

• Signing agreements with unclear language
• Agreeing to terms that cannot be legally enforced
• Failing to include important conditions
• Overlooking procedural requirements

Practical Tips

For Landlords

1. Gather documentation: Lease agreement, payment records, correspondence
2. Calculate your claims: Know exactly what you’re owed or seeking
3. Consider compromise: Partial payment may be better than lengthy litigation
4. Attend in person or through attorney: Non-attendance is treated as refusal

For Tenants

1. Review your lease: Understand your rights and obligations
2. Prepare defenses: Document any repairs, complaints, or setoffs
3. Be realistic: Consider the costs of fighting versus settling
4. Get legal advice: Before signing any agreement

After Mediation Fails

If mediation does not result in agreement:

1. Obtain disagreement report: Essential for proceeding to court
2. File lawsuit promptly: Attach the report to your petition
3. Preserve evidence: Everything discussed in mediation is confidential
4. Mediation statements not admissible: What was said cannot be used in court

Legal Assistance: We represent clients in rental mediation and subsequent litigation. Contact us for tenancy law expertise.

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Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.