Our guest
Translated from the Turkish interview. The Turkish version is the original.
Hello Ruşen, welcome. How are you?
Hello Faruk, I am well, thank you. Thank you for inviting me.
You are a lawyer, so you know the rules. But tenants and buyers often do not fully know their rights, and that is where most disputes start. Today I would like to ask you the questions people search for most on Google.
With pleasure. You are right: most problems come from not knowing the rules. They are not as complicated as people think, and once you know them, many disputes never start.
Renting
Faruk OrduLet us start with the most common one. How much can rent go up, and how is it calculated?
For homes and covered business premises, the increase cannot exceed the change in the twelve-month average consumer price index (TÜFE) for the previous rental year. TÜİK, the Turkish Statistical Institute, publishes this rate every month; the rate for the month before the renewal month applies. The calculation is simple: if the rate is 30 per cent, a rent of 20,000 TL can rise to at most 26,000 TL. If the contract sets a higher rate or a fixed amount, the part above the legal limit is invalid. If it sets a lower rate, the contract rate applies.
Faruk OrduThe question I hear most from landlords is “how do I get my tenant out”. In which cases can a landlord evict a tenant?
The first thing to know is that as long as the tenant complies with the contract, it renews automatically every year. Saying “your term is over, please leave” is not enough on its own. The law lists the grounds: a genuine housing need of the landlord or their family, major repairs or reconstruction, a written undertaking by the tenant to vacate, two justified notices for unpaid rent within one rental year, and the end of the ten-year extension period. I want to stress one thing: nobody can be forced out by changing the locks or cutting off water or electricity. Eviction only happens through enforcement proceedings or the courts.
Faruk OrduAnd if the landlord says “I will live there myself”, how long does it take to get the tenant out?
The need must be genuine, sincere and necessary. It can be for the landlord, their spouse, children, parents or someone they are legally obliged to support. With a fixed-term contract, the case must be filed within one month of the end of the rental period. If a formal notice was served before the period ended, in practice the case can also be filed at the end of the following period. A new owner who notifies the tenant in writing within one month of acquiring the property can file a case after six months. In both situations, going to a mediator first is mandatory. One more warning: a home vacated on the grounds of need cannot be let to anyone other than the former tenant for three years without a justified reason.
Faruk OrduThere is also a saying that “after ten years the tenant has to go”. Can a tenant really be evicted after 10 years?
Yes, but not exactly at the end of the tenth year, as many people think. A ten-year extension period is added on top of the contract term; once it ends, the landlord can end the contract without giving a reason. For example, a one-year contract can be ended this way at the end of the eleventh year from the start. The tenant must be notified in writing at least three months before the extension year ends. If the notice is late, the contract renews for another year.
Faruk OrduLandlords whose rent is far below the market ask about rent determination cases. When can such a case be filed, and how long does it take?
During the first five years, rent cannot be raised above the consumer price index limit. For tenancies that have completed five years, or were renewed after five years, the landlord can file a rent determination case. The judge sets a fair rent, taking into account comparable rents, the change in the index and the condition of the home. For the new rent to apply from the start of the new period, the case must be filed, or the tenant notified in writing, at least thirty days before that period begins. Applying to a mediator before going to court is mandatory. How long the case takes depends on the court’s workload and the expert examination, so it would not be right to give a fixed duration.
Faruk OrduMany landlords have tenants sign an undertaking to vacate together with the lease. Is such an undertaking valid, and what are the conditions?
This is exactly where problems often start. The undertaking must be in writing and given after the tenant has taken possession of the home. Undertakings signed on the same day as the lease, before the home is handed over, are as a rule considered invalid, because the tenant is deemed to have signed under pressure to secure the home. A notary is not required, but it avoids disputes about the date and signature. When the date in the undertaking arrives, the landlord must start enforcement proceedings or file a case within one month. If that deadline is missed, eviction can no longer be based on the undertaking.
Faruk OrduThe complaint I hear most from tenants is about deposits. What can a tenant do if the landlord does not return the deposit?
A deposit can be at most three months’ rent. The landlord may only deduct unpaid rent, bills or damage caused by the tenant’s careless use, and must prove that damage. No deduction can be made for normal wear and tear. The tenant should first ask for the refund in writing; if that fails, apply to a mediator, and if there is no agreement there, go to court or start enforcement proceedings. If the deposit was paid into a bank account in the tenant’s name, as the law provides, the bank returns it to the tenant unless the landlord notifies the bank within three months of the end of the tenancy that a case or enforcement has been started. A handover report with photos at the start prevents most of these disputes.
Buying
Faruk OrduLet us turn to buyers. The first question is always the same: is earnest money (kapora) refundable?
As a rule, yes. Agreements that bind the parties to sell property are only valid if made in official form at the land registry or before a notary. A handwritten earnest money note does not force anyone to sell; if the sale does not happen, the earnest money can as a rule be claimed back. Writing “whoever withdraws loses the deposit” on the note often has no effect either, although every case is assessed on its own facts. If the transfer cannot be done straight away, a notarised promise-to-sell contract annotated on the title register protects the buyer. Before paying earnest money, see the title record and send the money by bank transfer with a clear description.
Faruk OrduWhat should you check on the title deed when buying a home?
The first step is to ask the seller for a title record dated close to the sale day; it can be obtained from e-Devlet in a few minutes. It shows whether there is a mortgage, attachment, promise to sell, lease or usufruct annotation. If there is a mortgage, it should be agreed in writing that the debt will be paid off and the mortgage removed on the day of sale. You should also check that the seller really is the owner, whether the title is full condominium ownership (kat mülkiyeti) or construction servitude (kat irtifakı), and whether the building has an occupancy permit. In residential complexes, getting a letter from the management confirming there are no unpaid service charges prevents later disputes.
Faruk OrduWho pays the title deed fees?
By law, the title deed fee is 2 per cent of the actual sale price for the buyer and 2 per cent for the seller, so 4 per cent in total. The parties can agree that one of them pays all of it; that is purely a matter of negotiation. On top of the fee, the Land Registry’s revolving fund charge is also paid. The sale cannot be completed at the land registry until the fee has been paid.
Faruk OrduSome sellers want to declare a lower price on the title deed. Is there a penalty for declaring a low price?
Yes. If it turns out that the declared price is below the real price, both buyer and seller may have to pay the missing fee together with a tax loss penalty and late payment interest. The declared price also cannot be lower than the property tax value. The buyer faces other risks too: if the sale is later cancelled or a hidden defect appears, the figure on the title deed may be taken as the basis for what can be claimed back, and proving the real price becomes harder. If the buyer sells again within a few years, the low declared purchase price can work against them in the capital gains tax calculation.
Faruk OrduIs it wise to buy property with a shared title deed?
You can, but only knowing the risks. With a shared title, you own the property together with the other co-owners. If it is not clear which part belongs to whom, disputes about use can arise. If a co-owner sells their share to an outsider, the other co-owners can use their right of pre-emption to buy that share at the same price; this right can be used within three months of learning of the sale and in any case within two years of the sale. If there is no agreement, a case to end the co-ownership can be filed and the property can be sold. So before buying, ask whether there is a written usage agreement among the co-owners.
Faruk OrduAnother topic people often confuse: can you buy a flat with construction servitude (kat irtifakı), and how is it different from condominium ownership?
Construction servitude is a right created for the future independent units before the building is completed or receives its occupancy permit. Once the building is finished and the occupancy permit is issued, it converts to condominium ownership. You can buy a flat with construction servitude, but you should find out why the building has no occupancy permit. If construction deviates from the approved project, the permit may not be granted, which can make mortgages, utility subscriptions and a future sale more difficult.
Closing
Faruk OrduMy last question, Ruşen: if you could give one piece of advice to someone renting or buying a home, what would it be?
Put everything in writing and see the records with your own eyes. For a rental, a contract and a handover report with photos; for a purchase, the title record and the official form. These prevent most problems before they start.
Thank you very much for your time.
Thank you, all the best.