Turkey: Tenants Are In Panic

Last Updated: 7 April 2014
Article by İlknur Coşkun

The new Turkish Code of Obligations numbered 6098 ("TCO")1 became effective on 1 July 2012 and annulled the former Code of Obligations numbered 8182 and the Code of the Lease of Immovables numbered 65703. Apart from the similar or same provisions, it brought certain brand new issues regarding lease agreements such as termination right of landlords for any reason. When the TCO became effective, the tenants of lease agreements for residential and roofed workplace did not pay much attention to any possible termination threats they may face as from 1 July 2014. However, time passes quickly and the critic date for the landlords who desire to end their lease relations renewed for more than ten years is approaching.

Term and termination

Lease agreements may be executed for definite or indefinite term. If a tenant has not given a termination notice at least 15 days prior to the end of a lease agreement for residential and roofed workplace with a definite term, then the agreement is deemed to be renewed for a period of one year with the same conditions and becomes an indefinite-term lease agreement. The termination notice must be in written form to be deemed as valid; and such 15-day-period cannot be shortened or extended since it is a mandatory term.

While regulating the tenant's termination right in detail, Article 347 of TCO clearly states that landlords cannot terminate the agreement based on the fact that the term of the lease agreement has expired with an exception of ten-year-renewal term as detailed below.

Landlord's termination right "for any reason"

According to Article 347 of the TCO, upon end of ten years of renewals, a landlord may terminate lease agreement for any reason provided that he/she has given a termination notice at least three months prior to the end of the respective renewal year. However, this provision was not applicable for lease agreements as of 1 July 2012 which were executed before the effectiveness date of the TCO. Temporary Article 2 of the Law Regarding Enforcement and Implementation of the Turkish Code of Obligation4 governed certain terms regarding the completion of the renewal terms for the transition period of the TCO. Accordingly, there can be three cases: (i) ten-year-renewal term is completed before the effectiveness date of the TCO; (ii) remaining term for completion of the ten-year-renewal term is less than five years; and (iii) remaining term is more than five years.

I. Ten-year-renewal term is completed

A lease agreement which completed the said ten years of renewals before the effectiveness date of TCO will have two more years of renewals to be subject to the landlord's termination for any reason. As an example, a lease agreement executed on 1 November 1998 for one-year-term and renewed for ten years after 1 November 1999, has completed the said ten-year-period on 1 November 2009. The TCO became effective on 1 July 2012 and the landlord's above-stated termination right will become effective as from 1 July 2014 for the said lease agreement. Accordingly the landlord may give a three month prior notice at the latest before 1 August 2014 and terminate the lease agreement for any reason and without any just cause.

II. Remaining term is less than five years

If the lease agreement has less than five years to complete the ten-year renewals as of 1 July 2012, five years has to pass for landlord's termination right for any reason. Accordingly, if the lease agreement is executed in 2003 and renewed in 2004, the eighth renewal will take place in 2012. Then the landlord will have the right to terminate the lease agreement as from 1 July 2017, five years after the effectiveness date of the TCO and Article 347.

III. Remaining term is more than five years

The lease agreements which are subject to renewals for more than five years, the remaining renewal term must be completed for the landlord's termination for any reason. As an example if the lease agreement is executed in 2008 and renewed as from 2009, then 2012 will be third renewal term and it may be terminated after the tenth renewal is completed in 2019.

Probable Solution

In order to prevent any termination notification and continue the lease relation for ten more years, most of the tenants will offer to re-sign their lease agreements as a new lease agreement. However, there is a risk for such "new" lease agreements to be considered as continuity of the former lease agreement –since the parties and the subject is the same– by the Court in case of any conflict. Accordingly, this solution will be tested and approved based on practice and court decisions.

Other termination rights of the landlords

In addition to the landlord's right of termination detailed above, the landlord may also terminate a lease agreement for residential and roofed workplace based on reasons originating from a tenant: (i) an evacuation commitment; (ii) two justified notices regarding non-payment of the rent amount; and (iii) tenant or his/her spouse having another residence within the same municipal borders suitable for habitation.

The landlord may also terminate a lease agreement for residential and roofed workplace for (i) need of landlord or the new landlord; and (ii) re-construction or development of the leased property.


Lease agreements with indefinite terms may be terminated by the tenant at any time and by the landlord, upon expiry of ten years, pursuant to the termination notice given in accordance with the general terms. First the good relation between the parties and new agreement may renew the ten-year-period, practice and the court decisions will determine the long lease relation's fate.


1.The TCO was published in the Official Gazette dated 4 February 2011 and numbered 27836.

2.The Code of Obligations was published in the Official Gazette dated 8 May 1926 and numbered 366.

3.Code of the Lease of Immovables was published in the Official Gazette dated 27 May 1955 and numbered 9013.

4.Published in the Official Gazette dated 4 February 2011 and numbered 27836 and became effective on 1 July 2012.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

İlknur Coşkun
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.