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Overview of Turkish Commercial Tenancy Law (B2B)

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Fundamental provisions regarding Roofed Workplace Leases in Turkey. The freedom of commercial contracts and restrictions under Law No. 6098.

Melvin Prince
4 min read
Verified May 2026Turkey flag
TurkeyCommercial leaseB2bTcoWorkplace lease

Legal Disclaimer

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.

In Turkey, there is no separate "Commercial Lease Law" for commercial (B2B) real estate leases. The primary governing authority is the Turkish Code of Obligations (TCO) No. 6098, which came into effect on 1 July 2012.

Business-to-business commercial leases (for example, shopping malls, plazas, logistics warehouses) are governed under the "Residential and Roofed Workplace Leases (Konut ve Çatılı İşyeri Kiraları)" section of the TCO (Articles 339-356). While several merchant-specific articles were postponed during a transition period, all protective provisions became fully applicable to corporate tenants as of 1 July 2020.

This situation makes it mandatory for commercial leases in Turkey to be made within specific "strict statutory" limits protecting the tenant, unlike the completely free "Commercial Contract" (B2B Freedom) structure in Western countries.

"Roofed Workplace" and the Status of Merchants (Corporate Leases)

The law puts very important "Ceiling" limits on the freedom of contract in commercial leases as well. Even if it's a workplace owner and a foreign corporate fund, they cannot write absolutely every penal condition they want into the contract with each other:

  1. Prohibition of Foreign Currency Indexed Rent (Protection of the Value of the Turkish Currency): This is the legal regulation that most concerns foreign institutional investors. When leasing real estate between two companies or persons resident in Turkey (excluding exceptions like free zones, etc.), determining the rent and the deposit in foreign currency (Dollar/Euro) is prohibited. It is mandated that contracts be made in TRY (Turkish Lira) and increases be calculated over TRY-CPI.
  2. Lease Duration (10-Year Rule): When commercial contracts (e.g., a 5-year shopping mall shop lease) expire, they cannot be terminated by the shopping mall management simply because "the time is up"! It is subject to automatic extension. The property owner gains the right to evict the workplace tenant without stating any reason only after the extension periods exceed 10 years (TCO 347).
  3. Security Deposit Limit: Even in a shopping mall shop where millions of liras in turnover spin, the property owner legally cannot demand a cash deposit of "more than 3 months' rent." To overcome this, the system of bank letters of guarantee or corporate suretyships is applied.

Summary of Basic Rules (B2B Commercial)

CategoryThe B2B Rule in Turkey
Deposit & SecurityMaximum 3 months' rent (TCO 342). Must be deposited into a joint time-deposit bank account. In practice, corporate letters of guarantee are often used.
Rent Increase Rate (Index)Capped at the 12-month CPI average (TCO 344). After the 5th year, a Rent Determination Lawsuit (Kira Tespit Davası) can be filed to align with market values.
Early Eviction (Penalties)Acceleration clauses (demanding all remaining rent) are strictly prohibited (TCO 346). Liability for early termination is limited to the period until the unit is re-leased (usually 3-6 months).
Transfer and SubleaseLandlord consent is required but cannot be withheld "without just cause" for workplace leases (TCO 323).

The Importance of Notary Approval

In corporate B2B transactions (branch openings, warehouse setups), submission to the Trade Registry and tax offices or corporate accounting withholdings (Rent Withholding Tax/Stopaj) are necessary. Therefore, making/arranging contracts with Notary certification in order to have the contracts "approved via Notary" and to create a guarantee in future potential "forgery of documents" or corporate authorized signatory cancellation lawsuits is a standard and the safest practice in the corporate Turkish market.

Proceed to the next document: Commercial Security Deposits & Guarantees.

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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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