The newspaper “Sabah” has published answers to the most common questions about the legal rights of both tenants and landlords,
the rent cap, forced eviction and brokerage practices under the new law
1- Can the landlord evict the tenant before the contract term ends?
Unless the landlord has grounds justified under the law, eviction is not possible before the contract ends. Where the rent has not been paid,
a notice is served through a notary giving 30 days, and at the end of that period eviction may be sought through an
eviction case or enforcement proceedings. From 1 September 2023 it will also be possible to go to mediation
with the eviction request, without bringing a court case.
And if there is a fundamental breach of the contract, such as demolition, major alteration or repair without the landlord's knowledge,
eviction may be requested before the end date of a contract whose expiry has been extended or which has renewed itself automatically.
2- Do I have to bring a case in order to evict a tenant
Under the code of obligations, the extension period of a contract runs to a maximum of 10 years, and at the end of that period the landlord is entitled to evict the tenant without having to give a reason, so you do not need to bring an eviction case, but you must send a warning 3 months in advance.
3- Can the landlord claim compensation from a tenant who has left the property before the contract date?
If the tenant leaves the home without any problems, the landlord is entitled to claim a further 3 months' rent, and to claim that amount,
he must not have let the property or the home to a new tenant within 3 months; if the home is let straight away,
no compensation can be claimed from the tenant, and if the home is let at the end of the first month,
compensation is likewise paid for one month only.
4- Will new measures be taken to tackle excessive increases after the rent ceiling was raised by 25%?
The limits of the rights of landlord and tenant are set out in the code of “obligations” in the new legislative session, and in this respect there will be regulation of
the Turkish penal code, and those who raise their rents above
the market average are expected to be sentenced to between one and three years in prison, along with a fine.
Prosecution is also possible for landlords who bully or threaten their tenant and”make unfair gains”
with seizure at the court's discretion.
5- How does the eviction process work in a property bought while the tenant is still living in it?
When the home is sold to someone else, the tenant has up to 6 months to vacate it.
The new owner may send the tenant a notice within one month requesting eviction, and the tenant may
stay in the home until the end of the sixth month after the purchase date; if the home has not been vacated after that period,
the matter can be taken to a conciliation mediator
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