Lease Agreement Validity Conditions (Turkey)

Under Turkish laws, in accordance with the Turkish Code of Obligations, a "Lease Agreement" (Contract) is a bilateral agreement where the landlord undertakes to leave the use of something (a rental residence) to the tenant for a specified or unspecified period, and the tenant in return incurs the debt of "paying an agreed rent."

1. Form of the Agreement: (Verbal or Written Validity)

In Turkish Law, as a rule, making a residential or roofed workplace lease agreement is not subject to any special formal requirement. Even if two people agree verbally on the street via cash, and the landlord hands over the key verbally, a legal lease agreement is considered born and validly established without even being signed.

• However, this is a huge proof trap and danger. Since the burden of proof in lawsuits regarding what the rent increase rates are, how much deposit was taken, and most importantly "On what date was the house vacated and when did the landlord enter (Historical Eviction)" becomes difficult, Civil Courts (Code of Civil Procedure - Rule of Limit of Proof with Deeds); CONSIDER IT A NECESSITY THAT LEASE AGREEMENTS BE MADE IN WRITING (ON PAPER AND WITH SIGNATURES), or deep bank transfer explanations sent from a very definite and strong banknote are demanded!
• The system in Turkey in daily practical markets is signed on standard printed forms (Stationery Type Form) bought from stationers by real estate agents or professional consultancies.

2. Fixed-Term or Indefinite-Term Lease?

A generally known rule in the market is "Definitely date the contract (e.g., January 1, 2024 - January 1, 2025)":

• Fixed-Term Lease: A paper contract with "1 year", "5 years", or "Ending on this date" written in it. The tenant is legally guaranteed, and when the rental period comes, there is an automatic extension protection against being forcibly thrown out just because "the time is up, I need it, get out Asiye"; it automatically extends, adding one year up to 10 years.
• Indefinite-Term Lease: (Very risky). There is a start of the period but no end date has been set, or contracts put into the house verbally without being made in writing later fall into this situation! In this model, determining the base day finding the end of the year calculating the period calculation or the raise index in the Eviction mechanisms is very difficult because it is quite undocumented! Landlords struggle every year for difficult 6-month termination notice notifications!

3. Additional Documents and the Notary System (Notarization of the Commitment)

Even if the parties mutually write their names, TC ID numbers, and cross-signatures on an ordinary A4 paper and sign it, the agreement is legally complete for the house and fully valid on an established document. However, the Notary obligation is here: If the owner says "Anyway, so that he doesn't stall me by saying I didn't make the signature later and make me wait with a lawyer for 3 years in eviction," the Parties guarantee Notary system in the presence of a Notary by Certifying and Copying.

Independent from the contract at this Notary (at least a lot of days before the month when eviction will definitely be requested or at least 1-3 months after the lease approval signatures or sitting in the house moving in) going to the Notary (a separate document, its own paper with no paperwork inside): EVICTION COMMITMENT (Non-contracting - I Will Evict Declaration) is made to be signed! This system is a legal savior in Turkey, and if the tenant does not leave on that day, it drags them to execution in a single pen stroke without excuse!

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