Anasayfa / Makalelerimiz / Your Guide to Fixed-Term Rental Agreements and Evictions – Expert Advice from Istanbul and Alanya Tenant Lawyers
Practical Advice from Istanbul & Alanya Tenant Lawyers
Navigating a rental agreement can feel overwhelming, especially when legal rules and deadlines are involved. This guide explains what a fixed-term rental agreement is, why you need to pay attention to notice periods, and how eviction processes work—whether you're renting in Istanbul, Alanya, or anywhere else in Turkey.
A fixed-term rental agreement is simply a lease with a clear start and end date—for example, one or two years. Under Turkish law (specifically TBK Article 347), if a tenant doesn’t let the landlord know at least 15 days before the lease ends that they plan to leave, the contract automatically renews for another year. This means that even if you meant to leave on time, missing that little window could keep you in the home for another year.
Both Istanbul tenant lawyers and Alanya tenant lawyers can help explain these details if you're unsure about your rights or obligations.
For Tenants:
If you’re planning to move out when your lease ends, it’s important to give your landlord a written notice at least 15 days before the end date. Failing to do so means your lease will just extend automatically. This rule is here to give landlords time to prepare and plan ahead, but it can catch tenants off guard if they’re not aware.
For Landlords:
For residential and roofed commercial leases, landlords can’t just end a lease when the fixed term expires. The agreement renews unless a valid legal reason is shown—like needing the property for personal use, carrying out major renovations, or even selling the property. In these cases, landlords must follow strict procedures, including sending notice well in advance (and sometimes filing a lawsuit). And remember, these rules don’t apply the same way for non-residential properties like warehouses or farmland.
Eviction isn’t as simple as just telling someone to leave when their lease ends. Here’s a breakdown of common scenarios:
Regular Lease Expiry & the 10-Year Rule:
At the end of your lease, you can’t be evicted immediately unless there’s a legal reason. If the lease automatically renews, you’ll stay for another year. Only after 10 years of automatic renewals might a landlord have more flexibility—by giving at least a 3-month notice—to end the lease.
Eviction for Personal Need:
If a landlord or a close family member urgently needs the property, they can ask for an eviction. However, they must serve a notice and then take legal action within one month after the lease ends. Courts will carefully check that the need is real before allowing an eviction.
Eviction for Renovation or Sale:
Major renovations or a change in property ownership can also be grounds for eviction. For example, a new owner might send a notice within one month of purchase and then start legal action several months later.
Eviction for Non-Payment of Rent:
If rent isn’t paid, the landlord has additional legal options. They can serve notices for missed payments and eventually file for eviction if the problem continues.
Each of these scenarios requires careful legal steps. If you’re facing eviction or need to understand your rights, both Istanbul and Alanya tenant lawyers can guide you through the process.
Turkish courts have made several important decisions about these issues:
Automatic Renewal Isn’t Indefinite:
Even though a lease might automatically renew, it remains a fixed-term agreement (usually one year). Each renewal is treated as a new fixed period, not an endless contract.
Deemed Extension Principle:
If neither the tenant nor the landlord provides the required notice, the lease continues under the same conditions. For instance, a lease ending on December 31 will extend to the next December 31 if no notice is given.
Timely Action for Eviction:
In cases of eviction for personal need, the law requires landlords to file for eviction within one month after the lease ends. If they miss this deadline, they might lose the right to evict.
These principles help keep the process fair and predictable for both tenants and landlords.
Imagine this scenario:
The Lease:
Ahmet (the landlord) and Mehmet (the tenant) sign a one-year lease from January 1, 2023, to December 31, 2023. The lease clearly states that if neither party gives notice at least 15 days before the end date, the lease automatically renews for another year.
For the Tenant:
If Mehmet decides to leave, he must tell Ahmet in writing by December 15, 2023. If he misses this deadline, his lease will continue for another year.
For the Landlord:
Ahmet can’t simply force Mehmet out at the end of the lease unless he can show a legal reason—such as a personal need for the property. If Ahmet needs the property for himself or a close family member, he must provide notice by December 15, 2023, and then file a legal action within the next month.
Automatic Renewal:
If neither Mehmet nor Ahmet gives the required notice, the lease renews automatically from January 1, 2024, to December 31, 2024.
Understanding your rental agreement is key whether you’re a tenant or a landlord. A little mistake, like missing a notice deadline, can have big consequences. This is why talking to an experienced lawyer can be so helpful.
With the right advice, you can ensure that your rights are protected and that any rental issues are handled smoothly and fairly.
