Termination of Lease Agreement in Turkey: Just and Unjust Causes

Introduction to Lease Termination

Termination (Fesih) of a rental agreement in Turkey is governed by strict rules under the Turkish Code of Obligations (TCO) No. 6098. Neither the tenant nor the landlord can terminate a lease at will—specific procedures and grounds must be followed.

This protective framework reflects the Turkish legal system’s goal of providing housing security for tenants while respecting landlord property rights.

Tenant’s Right to Terminate

Ordinary Termination

In fixed-term residential leases, the tenant can terminate by providing written notice at least 15 days before the end of the contract term.

Key Points:

• Notice must be in writing
• Delivered to the landlord (registered mail advisable)
• If notice is not given, the lease automatically extends for one year

Early Termination

If the tenant vacates before the lease term ends:

1. Reasonable Time Compensation:

• The tenant must pay rent for a “reasonable time” until a new tenant is found
• This is typically 2-3 months in practice
• If the landlord finds a new tenant immediately, no compensation is due

2. Mitigating Obligations:

• The landlord has a duty to actively seek a replacement tenant
• The landlord cannot reject suitable replacement tenants to increase the compensation claim

Indefinite Term Leases

For leases without a fixed term:

• Either party may terminate by giving notice
• Notice period: End of any 6-month rental period with at least 3 months’ advance notice

Landlord’s Right to Terminate

Turkish law significantly restricts landlords’ termination rights to protect tenant security. The landlord can only terminate for specific just causes enumerated in the law.

Just Causes (TCO Articles 350-356)

1. Personal or Family Need (İhtiyaç)

• The landlord, spouse, children, or dependents need the property
• Need must be genuine, urgent, and continuous
• Must file eviction lawsuit within one month of lease extension date

2. Significant Reconstruction (Yeniden İnşa veya İmar)

• Demolition and reconstruction of the building
• Major renovation making occupancy impossible during works
• Must provide alternative accommodation in some cases

3. Tenant’s Default (Temerrüt) If the tenant fails to pay rent:

• Landlord must send a 30-day written payment notice
• If not paid within 30 days, landlord can terminate
• Two defaults in one rental year may justify eviction even if later paid

4. Expiration of 10-Year Extension Period After the initial lease term and subsequent 10 years of automatic extensions:

• Landlord may terminate by giving 3 months’ notice before any extension period
• This is the longest period a landlord must wait without a just cause

Acquisition-Based Termination

If the property is acquired by a new owner:

• The new owner can terminate for personal need
• Must notify the tenant within one month of acquisition
• Eviction lawsuit filed within six months of acquisition

Extraordinary Termination

In exceptional circumstances, either party may terminate immediately regardless of the remaining term:

Unbearable Circumstances (TCO Article 331)

The rental relationship becomes “unbearable” when:

• Tenant engages in criminal behavior affecting neighbors
• Property is severely damaged (earthquake, fire)
• Serious breach of lease obligations
• Trust relationship is fundamentally destroyed

The terminating party must give written notice with immediate effect.

Force Majeure

Events beyond the parties’ control making performance impossible:

• Natural disasters rendering the property uninhabitable
• Legal changes prohibiting the use
• Expropriation by the state

Notice Requirements

Situation	Notice Period	Form
Tenant at term end	15 days before	Written
Indefinite lease	3 months to 6-month period end	Written
Early termination	Immediate + compensation	Written
Landlord (just cause)	Through lawsuit	Court filing

Death of Tenant

Contrary to common belief, the lease does not automatically end upon the tenant’s death:

Residential Leases:

• Heirs and persons living with the deceased may continue the lease
• They step into the tenant’s position

Commercial Leases:

• Heirs can continue or terminate with 6 months’ notice

Practical Steps for Termination

For Tenants:

1. Determine if termination is at term end or early
2. Prepare written notice (keep proof of delivery)
3. Send notice within the required timeframe
4. Arrange return of deposit and keys
5. Document the property’s condition

For Landlords:

1. Identify applicable just cause
2. Comply with preliminary notice requirements (if any)
3. File eviction lawsuit within statutory deadlines
4. Await court judgment and enforcement

Common Mistakes

• Landlords: Attempting to terminate without just cause
• Tenants: Leaving without proper notice (incurs compensation)
• Both: Relying on oral agreements instead of written notice

Legal Assistance: We handle lease termination cases, including eviction lawsuits, early termination compensation, and negotiated exits. Contact us for tenancy law expertise.

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