B2B Commercial Lease Agreement Requirements (Turkey)
Corporate lease agreements (Roofed Workplace) in Turkey. Annotation to Title Deed (Tapu Şerhi), Contract duration (10-year extension), and the importance of ...
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Commercial real estate leasing in Turkey is primarily governed by the Turkish Code of Obligations (TCO - Law No. 6098). In commercial real estate leasing (Shopping Mall store, logistics warehouse, office plazas, etc.), lease agreements are not subject to a specific validity form and can even be verbal (TCO Art. 12 & 299). However, in professional B2B transactions, written contracts are the standard for evidentiary purposes, tax registration, and Land Registry annotations.
1. Written Form, Notary Certification, and Stamp Tax
Even though the Law approves that a lease can be verbal, commercial operations require formal documentation for several reasons:
- Tax Compliance: The Ministry of Finance and Tax Offices require a written "Lease Agreement" for workplace opening registries. Under Stamp Tax Law No. 488, lease agreements are subject to stamp tax at a rate of 0.189% of the total rent value for the contract term.
- Signature Security: To prevent disputes regarding "unauthorized signatures" by company representatives, property owners typically require the contract to be a LEASE AGREEMENT CERTIFIED BY A NOTARY PUBLIC. This involves verifying the Company Articles of Association and Signature Circulars to create an indisputable legal document.
2. Institutional Guardian: Annotation to Title Deed (Tapuya Şerh)
The "Annotation to Title Deed" (TCO Art. 312) is a critical legal mechanism for commercial tenants, especially those making significant "fit-out" investments.
- How it Works: If the contract grants the tenant authority, the lease may be annotated in the Land Registry. This creates a "strengthened personal right" that binds any future owner of the property to the lease terms for its full duration.
- Protection Against New Owners: Under TCO Art. 351, if a property is sold, a new owner may normally terminate a lease if they have a genuine need for the premises (requiring notice within 1 month of acquisition and an eviction lawsuit 6 months later). However, if the lease is annotated under Art. 312, this right of eviction due to "new owner need" is blocked, and the new owner must honor the existing contract.
3. Transfer, Sub-Lease, and Breach of Contract
In commercial and workplace leases, the relationship between the parties is strictly regulated regarding third-party transfers:
- Transfer and Sublease (TCO Art. 322 & 323): The tenant is prohibited from subleasing or transferring the lease relationship without the lessor's written consent. However, for workplace leases, the lessor cannot withhold this consent without "just cause" (haklı sebep).
- Breach of Contract (TCO Art. 316): If a tenant violates the contract (such as through an unauthorized transfer), the lessor cannot immediately evict the tenant. The lessor must provide a formal written notice giving the tenant at least 30 days to remedy the breach. If the breach is not remedied within this period, the lessor may terminate the lease and seek a court-ordered eviction.
- Lessor's Right of Retention (TCO Art. 336): Distinct from eviction, the lessor of a commercial premise has a "Right of Retention" (Hapis Hakkı). This is a security interest (lien) over the movable property located on the premises to secure the rent for the previous year and the current six-month period. It is a tool to secure debt, not a method to recover possession of the property.
Proceed to the next document: Commercial Maintenance & Repair Expenses.
Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Turkey?
Tenancy relations in Turkey are regulated by the Turkish Code of Obligations (TCO). The law is notoriously protective of tenants, treating them as the economically weaker party. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in Turkey?
The eviction process in Turkey requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Turkey?
Turkey has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Turkey?
Turkey has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Turkey?
Lease agreements in Turkey must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Turkey?
Landlords in Turkey are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Turkey?
Turkey has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Turkey?
Landlords in Turkey must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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