Lease Agreement Validity Conditions (Turkey)

The primary governing law for rental agreements in Turkey is the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu), which became effective on 1 July 2012. Under this framework, a lease agreement is a bilateral contract where the landlord grants the use of a property to the tenant for a specified or unspecified period in exchange for an agreed rent.

1. Form of the Agreement: Verbal vs. Written

In Turkish Law, the general principle under Article 12 of the TCO is that contracts are not subject to any specific formal requirement unless stipulated by law. Article 299 defines a lease as a contract where the lessor leaves the use of a thing to the lessee in exchange for rent, and Article 300 specifies that these agreements can be for a definite or indefinite term. Consequently, a verbal agreement accompanied by the delivery of keys is legally valid and binding.

However, relying on verbal agreements poses significant risks regarding the burden of proof. Under the Code of Civil Procedure (Law No. 6100, Article 200), claims exceeding a certain monetary threshold (23,450 TL for 2024) must be proven with a written deed (senetle ispat). In the event of a dispute, Civil Courts of Peace (Sulh Hukuk Mahkemeleri) will require written evidence for:

• The agreed rent amount and subsequent increase rates.
• The amount of security deposit paid.
• The exact commencement and termination dates of the tenancy.

While standard stationery forms are commonly used in the market, it is highly recommended to draft a comprehensive written agreement to avoid legal ambiguities.

2. Fixed-Term vs. Indefinite-Term Leases

Turkish law distinguishes between two primary lease structures:

• Fixed-Term Lease: An agreement where the end date is explicitly specified (e.g., "1 year" or "ending on 31 December 2025"). Under Article 347 of the TCO, unless the tenant gives notice at least 15 days before the end of the term, the agreement automatically extends for another year with the same conditions. The landlord cannot terminate based on the expiration of the term until the end of the 10th extension year, at which point they may terminate by giving 3 months' notice before the end of that extension year.
• Indefinite-Term Lease: An agreement where no end date is set. This is often seen as a legal risk for landlords, as terminating such leases requires adhering to strict 6-month termination periods and specific notice requirements, which can be difficult to manage without precise documentation.

3. Notarization and Eviction Commitments

While an ordinary written agreement signed by both parties is legally valid, notarization provides additional security:

• Notarized Lease: Having the signatures certified by a notary (Noter) prevents either party from later denying the validity of their signature, which can expedite legal proceedings.
• Eviction Commitment (Tahliye Taahhütnamesi): This is a separate document where the tenant declares they will vacate the property on a specific date. To be valid under Article 352 of the TCO, it must be in writing, specify a certain date for eviction, and be signed after the delivery of the leased property to the tenant. While signing it concurrently with the lease agreement renders it void, there is no statutory requirement for a 1-3 month waiting period. If notarized, this commitment allows the landlord to initiate direct enforcement proceedings via the Execution Offices (İcra Daireleri) if the tenant fails to vacate, bypassing lengthy court trials.

4. Mandatory Mediation Requirement

Since September 1, 2023, under Law No. 6325 (Article 18/B), applying to a mediator is a mandatory prerequisite (dava şartı) before filing any lawsuit regarding lease relationships in the Civil Courts of Peace. This requirement applies to all lease-related disputes, except for eviction through direct execution proceedings without a court judgment.

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