Alanya Real Estate Attorney and Real Estate Law
Tenancy and real estate disputes often involve more than a single issue. Matters such as determining the rent, terminating the tenancy agreement, handing over the leased property and returning the deposit may arise in connection with one another, while disputes concerning land registry records, ownership or co-ownership constitute a technical area requiring separate assessment.
The active real estate market in Alanya and the acquisition of property by persons of different nationalities have made the foreign element a frequent feature of disputes in this field. Foreign-national owners, rights holders residing abroad, transactions conducted under powers of attorney and the special rules governing foreigners’ acquisition of real estate are matters requiring separate consideration in this context.
This page outlines the principal disputes arising from tenancy relationships, the grounds for eviction, rent determination and the fundamental principles governing foreigners’ acquisition of real estate. As the circumstances of each dispute differ, the legal assessment must be based on the specific facts of the case.
Key Practice Areas
Key Disputes in Tenancy and Real Estate Law
Disputes arising from a tenancy relationship and disputes concerning ownership are subject to different legal regimes. While a claim for eviction and a claim for determination of the rent may be raised in the same proceedings, claims such as rectification of a land registry entry constitute a separate subject matter for litigation.
Rent and Rent Increases
Determining the rent increase rate applicable to renewed tenancy periods and setting the rent in line with current conditions are among the most common subject matters of disputes in practice. In this assessment, it is important to consider whether the parties have a written agreement, the basis on which the increase is to be calculated, and whether the rate agreed in the agreement exceeds the statutory limit.
A claim for the determination of the rent is subject to different rules depending on the type and duration of the lease agreement. The rental period from which the claim will take effect may vary depending on when the action was filed, whether notice was served on the other party, and whether the agreement contains a rent-increase provision.
Apart from setting the rent amount, the law also prohibits alterations to the contract to the detriment of the tenant. If the conclusion or continuation of the contract is conditional upon the tenant undertaking an obligation that is not for the tenant's benefit and has no direct connection with the use of the leased property, the ancillary agreement connected to the lease is void. As regards ancillary expenses, unless the contract provides otherwise or local custom dictates otherwise, the tenant is required to bear expenses such as heating, lighting and water; the party bearing such expenses must, upon request, provide the other party with copies of the documents substantiating those expenses. In contracts where the rent is stipulated in a foreign currency, a separate rule applies, and the rent may be adjusted only after a certain period has elapsed.
Eviction and Termination of the Lease Agreement
Termination of leases of residential premises and roofed business premises is based on grounds exhaustively set out in the law. Grounds attributable to the lessor and those attributable to the lessee are subject to different conditions and time limits.
The ground relied on, the notices that must be served and the time limit for bringing the action may directly affect the outcome of the process. Failure to serve a notice or bring an action within the prescribed time may defer the claim until the next tenancy period.
The short-term rental of a dwelling for tourism purposes is governed by a separate statute and has consequences for both the owner and the tenant. The rental of dwellings for a maximum of one hundred days is deemed to constitute tourism-purpose letting; rentals concluded for more than one hundred days at a time fall outside the scope of this statute. A permit must be obtained before a tourism-purpose rental agreement is concluded, and the application must be accompanied by a resolution unanimously adopted by all unit owners in the building in which the independent unit is located. In buildings with more than three independent units, a permit may be issued for independent units representing no more than twenty-five per cent of the units, provided that they are registered in the name of the same lessor.
The position is more definitive for the tenant: the tenant of a dwelling leased for use as a residence is prohibited by law from subletting it to third parties for tourism purposes in their own name and for their own account. Use in breach of this prohibition may also raise the issue of termination on the ground of breach of contract. Furthermore, the protective provisions governing leases of residential premises and roofed workplaces do not apply to leases of properties that are, by their nature, intended for temporary use and have a term of six months or less.
Condition of the Leased Property, Security Deposit and Handover
Failure to deliver the leased property in accordance with the agreement, defects arising during its use, necessary repairs, and its condition upon vacating may give rise to disputes between the parties.
The law imposes a numerical limit on security deposits: in leases of residential premises and roofed workplaces, if the contract imposes an obligation on the tenant to provide a security deposit, such deposit may not exceed three months' rent. If it is agreed that the security deposit shall be provided in cash or negotiable instruments, the tenant shall, unless the lessor consents to its withdrawal, deposit the cash in a term savings account and the negotiable instruments with a bank; the bank may return the security deposit only with the consent of both parties, upon the finalisation of enforcement proceedings, or on the basis of a final court judgment.
The timing of the return is also regulated by statute. If, within three months following the termination of the lease agreement, the lessor has not notified the bank in writing that it has commenced proceedings against the lessee in relation to the lease agreement or has initiated enforcement or bankruptcy proceedings, the bank is obliged to return the security upon the lessee's request.
In relation to the return of the security deposit, documents such as the handover report, photographs and correspondence may be important in determining whether the alleged damage to the leased property resulted from ordinary wear and tear and in proving that damage.
Land Registry and Property Disputes
This scope covers bringing the land registry records into conformity with the actual legal situation, the validity of transactions concerning the transfer of ownership, dissolution of co-ownership, the right of pre-emption, and claims for compensation for unauthorised use (ecrimisil) arising from the use of the immovable by persons other than the person entitled to it.
In disputes of this kind, land registry records, cadastral records, payment documents and, where available, contract texts may be decisive. Since ownership of immovable property is, as a rule, transferred by registration in the land registry, and since the validity of contracts intended to transfer ownership is subject to an official form requirement, contracts concluded outside the official form do not, by themselves, transfer ownership.
If an immovable property has been transferred to a bona fide third party on the basis of an unlawful registration, that party’s acquisition may be protected by law; in such a case, the claim may be for compensation rather than cancellation of the land-register entry. Since the law prescribes specific time limits for certain claims, some of which have recently changed, the applicable legal remedy must be assessed on the facts of each case and in accordance with the legislation in force.
The law prescribes specific time limits for pre-emption rights. The sale is notified to the other co-owners by the buyer or seller through a notary; the pre-emption right lapses upon the expiry of three months from the date on which the sale is notified to the right holder and, in any event, upon the expiry of one year from the sale. This absolute time limit was reduced from two years to one year by the amendment dated 24 December 2025; therefore, reliance should not be placed on the two-year period found in older sources. The same amendment also expressly provides that pre-emption rights cannot be exercised in respect of sales conducted under the State Tender Law or sales by compulsory auction. Waiver of a pre-emption right must be effected in official form and recorded in the land registry; however, renouncing the exercise of a pre-emption right in a specific sale is subject to written form.
Step-by-Step Process
How Does the Tenancy Dispute Process Work?
Initial Assessment and Document Collection
At the outset of the process, the lease agreement, payment records, land registry records, correspondence between the parties and any handover report, if available, are examined together. Whether the dispute arises from the lease relationship or from ownership affects the claims that may be brought and the determination of the court with subject-matter and territorial jurisdiction.
This distinction is clearly set out in the law. Subject to the provisions on the eviction of leased immovables by way of enforcement without a judgment, the Civil Court of Peace (sulh hukuk mahkemesi) has jurisdiction, regardless of the value of the subject matter, over all actions concerning disputes arising from the lease relationship, including claims for receivables; the same court also has jurisdiction over actions for the partition of movable or immovable property or rights and for the dissolution of co-ownership. By contrast, actions concerning a right in rem over an immovable or actions that may result in a change in ownership of such a right, as well as actions concerning possession of or a right of retention over an immovable, fall within the exclusive jurisdiction of the court of the place where the immovable is located.
Accordingly, if the immovable property is located within Alanya, actions concerning rights in rem in the property, including actions for cancellation and registration of title and dissolution of co-ownership, are heard by the courts in Alanya. In disputes arising from a tenancy relationship, the court with subject-matter jurisdiction is the civil court of peace (sulh hukuk mahkemesi), regardless of the amount claimed.
Notice and Mediation
Certain claims may be brought only after prior written notice or demand has been given. In disputes arising from a tenancy relationship, applying to mediation before filing a lawsuit is a condition precedent to bringing the action. The same applies to the partition of movable and immovable property and the dissolution of co-ownership, disputes arising under the Condominium Law, and disputes concerning neighbours’ rights.
Provisions concerning the eviction of leased real property through enforcement proceedings without a court judgment are excluded from this scope. However, this exception is interpreted narrowly: while eviction proceedings conducted through the enforcement office and requests made to the enforcement court upon objection fall outside the scope, an action for annulment of objection and eviction filed before the general courts based on the same enforcement proceeding is subject to the mediation requirement, as it arises from the lease relationship. The mere initiation of enforcement proceedings does not, by itself, eliminate the obligation to engage in mediation.
The mediation process must be concluded within three weeks of the mediator’s appointment; where necessary, this period may be extended by up to one week. The limitation period is suspended and forfeiture periods do not run from the date of the application to the mediation office until the date on which the final report is drawn up. This is important for preserving the one-month periods applicable to eviction proceedings. Conversely, the timing of the application is also decisive: under Court of Cassation practice, in eviction proceedings, the application for mediation must be made after the right to bring an action has arisen; an application made prematurely is not deemed to satisfy the condition for bringing an action.
In such disputes, if an agreement is reached, an enforceability endorsement must be obtained for the settlement document; the general rule that a document jointly signed by the parties, their attorneys at law and the mediator is treated as a court judgment without such an endorsement does not apply here. For settlement documents concerning immovable property, the endorsement must be obtained from the civil court of peace of the place where the immovable is located. If it is established that an action was filed without first applying to mediation, the court shall dismiss the action on procedural grounds for lack of a condition precedent to the action, without taking any further steps.
Litigation Stage
In the statement of claim, the legal grounds and basis of the claim are clearly set out. Claims for the determination of the rent, eviction, payment of receivables and damages may be subject to different procedural rules. In the proceedings, evidence such as witness statements, expert examination, comparable rental values and an on-site inspection may be taken into consideration.
In cases and matters falling within the jurisdiction of the civil court of peace, the simplified trial procedure applies and differs from the written procedure in several respects. The time limit for filing a statement of defence is two weeks from service of the statement of claim on the defendant; where preparation within that period is very difficult or impossible, the court may grant an extension of no more than two weeks, and only once. The parties may not submit a reply to the statement of defence or a second statement of defence. The evidence must be specified together with the pleadings, stating which fact each item of evidence is intended to prove.
The hearing procedure also differs. Where possible, the court renders its judgment on the file without inviting the parties to a hearing. Where judgment cannot be rendered in this way, the examination of the case, excluding the first hearing, is completed within two hearings, and the interval between hearings may not exceed one month; in mandatory cases such as a prolonged expert examination or a rogatory commission, the judge may set a longer period. As for an action for the determination of the rent, the judgment takes effect from the beginning of the new term only if the action was filed at least thirty days before the commencement of the new term or if written notice was given to the tenant within that period.
Judgment and Enforcement Phase
After the judgment, recourse to legal remedies is available within the monetary thresholds prescribed by law. In disputes arising from a tenancy relationship, appeal to the regional court of appeal is generally available, whereas appeal to the Court of Cassation is, as a rule, closed; recourse to the Court of Cassation only arises where the amount of the rent claim or, in other tenancy cases, the amount of three months' rent exceeds the statutory threshold. Since these thresholds are updated annually, whether legal remedies are available must be assessed on a case-by-case basis.
Enforcement of eviction judgments and recovery of monetary claims are carried out through the enforcement office. Whether the judgment must have become final depends on the nature of the claim: eviction judgments based on a lease agreement and judgments concerning rent claims may be enforced before becoming final, whereas judgments concerning rights in rem over immovable property — such as cancellation and registration of title and dissolution of co-ownership — cannot be enforced unless they have become final. Judgments determining the rent amount are also, in settled practice, not enforceable before becoming final. Where the conditions are met, the debtor may request a stay of enforcement by providing security.
Two different sources
Grounds for Eviction
Need, Reconstruction and New Owner
A lessor may bring an eviction action under the conditions prescribed by law if the lessor, the lessor’s spouse, descendants, ascendants or other persons whom the lessor is legally obliged to support has a need for a dwelling or workplace. Another ground for eviction is where the leased property needs to be substantially repaired, extended or altered for the purpose of reconstruction or redevelopment, and its use becomes impossible during those works. In leases for a definite term, the action must be brought within one month from the end of the term; in leases for an indefinite term, it must be brought within one month from the date determined in accordance with the applicable termination period and the prescribed notice periods.
A new owner who subsequently acquires the leased property may, if the owner or the relatives specified by law has a need for it as a residence or business premises, bring an action six months after the acquisition, provided that written notice is given to the tenant within one month of the acquisition date. This one-month notice is a condition of validity; if no notice is given, the new owner may bring an action only within one month of the expiry of the lease term.
The expiry of a fixed-term tenancy agreement does not, by itself, give the lessor the right to evict the tenant. In leases of residential premises and workplaces in buildings, the lessor may not terminate the agreement on the ground that the contractual term has expired; unless the tenant gives notice at least fifteen days before the expiry of the term, the agreement is extended for successive one-year periods on the same terms. However, after the ten-year extension period has expired, the lessor may terminate the agreement without stating any reason by giving written notice at least three months before the end of each subsequent extension year. This is an extension period added to the agreement’s initial term; the mere lapse of ten years from the conclusion of the agreement is not sufficient.
A property vacated on grounds of necessity may not, for three years, be let to anyone other than the former tenant unless there is a valid reason. In the case of properties vacated for reconstruction and redevelopment, the former tenant has a right of priority to re-let the property in its new condition and at the new rent. A landlord who acts contrary to these rules is obliged to pay the former tenant compensation of no less than the rent paid during the final year of the tenancy.
Undertaking to Vacate, Two Justified Notices and Default
An undertaking to vacate given by the tenant in writing after delivery of the leased property may constitute grounds for seeking eviction if the property is not vacated on the date specified in the undertaking. The undertaking must be in writing and must have been given after delivery. The lessor must initiate enforcement proceedings or file a lawsuit within one month from the specified date for vacating the property; this period begins on the specified eviction date, not on the date on which the undertaking was signed.
Where a tenant’s failure to pay rent results in two justified written notices, this may, under certain conditions, constitute grounds for eviction. In leases of less than one year, the two notices must be issued during the lease term; in leases of one year or more, they must be issued within one rental year or within a period spanning more than one rental year, and the statutory time limit for bringing the action must be observed.
An eviction action may also be brought under the conditions prescribed by law if the tenant or the spouse living with the tenant has a dwelling suitable for habitation within the boundaries of the same district or town municipality, and the lessor was unaware of this circumstance when the contract was concluded. This ground may be relied on only in residential tenancies; it does not apply to workplace tenancies.
If the tenant fails to pay rent that has fallen due or ancillary charges, the landlord may grant a written period for payment. In leases of residential premises and roofed business premises, this period must be at least thirty days and begins on the day following the date on which the written notice is served. If payment is not made within this period, termination of the lease and eviction proceedings may ensue.
It is important not to miss the one-month time limits prescribed for eviction proceedings. If the lessor has notified the lessee in writing, no later than within the time limit for filing the action, that it will file an action, the time limit for filing the action is deemed to be extended for one lease year. In leases of residential premises and roofed workplaces, the notice of termination must also be made in writing to be valid.
Fees and Updates
Determination of Rent and Rent Increases
A statutory ceiling applies to rent increases in renewed rental periods under leases of residential premises and covered workplaces. Any agreement between the parties concerning a rent increase is valid provided that it does not exceed the rate of change in the consumer price index based on the twelve-month averages for the preceding rental year. This rule also applies to lease agreements concluded for a term exceeding one year.
This rate is a cap; it is not a fixed rate of increase that applies automatically. If a lower rate has been agreed in the contract, that rate applies. If a rate exceeding the statutory limit has been agreed, the contractual provision is not rendered wholly invalid; it is invalid to the extent of the excess, and the increase applies only up to the statutory limit. If the contract contains no provision concerning an increase, the rate does not automatically become the index rate; rather, the rent is determined by the judge on equitable grounds, taking into account the condition of the leased property, provided that the increase does not exceed this rate.
The temporary increase limit of 25 applicable to residential rents was effective for rental periods renewed between 11 June 2022 and 1 July 2024, pursuant to two separate provisional regulations. This regulation covered only residential leases and did not apply to leases of business premises. Since the cap is tied not to the calendar date but to the date on which the rental period is renewed, it continued to apply throughout the relevant rental year for a period renewed on or before 1 July 2024. For periods renewed on or after 2 July 2024, however, the general rule applies again, and the duration of the regulation was not extended.
An action for the determination of the rent may be brought at any time. However, as regards the rental period from the beginning of which the rent determined by the court will take effect, the date on which the action was filed, the written notice given to the tenant, and whether the contract contains a provision for an increase in the new rental period are significant. The time period referred to here is not a time limit for bringing an action, but a condition for the judgment to take effect from the beginning of the new period.
In lease agreements concluded for more than five years or renewed after five years, and at the end of each subsequent five-year period, the court shall determine a fair rent by jointly assessing the rate of change in the consumer price index based on twelve-month averages, the condition of the leased property, and comparable rental values. In this assessment, the index rate is not an upper limit but only one of the criteria; therefore, the rent determined may exceed the index rate.
No payment obligation other than the rent and ancillary expenses may be imposed on the tenant. Contractual provisions stating that a penalty will be payable in the event of late rent payment or that subsequent rents will become due are invalid.
A separate rule applies to agreements where the rent is stipulated in a foreign currency: without prejudice to the provisions of the Law on the Protection of the Value of Turkish Currency, no change may be made to the rent before five years have elapsed. After five years, changes in the value of the foreign currency shall also be taken into account in determining the rent. The general provisions on extraordinary hardship are excluded from this limitation.
If extraordinary circumstances arising after the conclusion of the contract and unforeseeable by the parties excessively disturb the contractual balance, the adaptation of the lease agreement may also be considered within the conditions prescribed by law. Since the conditions for this remedy are interpreted narrowly, not every increase in inflation alone constitutes a ground for adaptation.
International Matters
Acquisition of Real Estate by Foreigners
The acquisition of real estate in Turkey by foreign natural persons is possible depending on the individual's nationality and statutory restrictions. The nature of the property, its location, and any restrictions recorded in the land registry must be further assessed prior to acquisition.
Conditions and Restrictions on Acquisition
Not every foreign national may acquire real property in Türkiye. Under the Land Registry Law, only foreign natural persons who are nationals of countries designated by the President of the Republic may acquire real property and limited rights in rem in Türkiye, provided that the statutory restrictions are observed. The Law merely states that this list is determined by the President and does not address whether it is to be published; in practice, the list is not made publicly available, and whether a person may acquire property on the basis of their nationality must be ascertained on an individual basis from the relevant land registry offices. The Law likewise does not regulate which nationality is to be taken as the basis for persons holding multiple nationalities, and in practice, it is accepted that, for acquisition purposes, the nationality conferring the fewest rights is taken as the basis.
The total area of real property and independent and permanent limited rights in rem that a foreign natural person may acquire may not exceed thirty hectares nationwide or ten per cent of the area of the district subject to private ownership. Once this district-level threshold has been reached, no further acquisition may be made in that district; as this may constitute a practical obstacle in districts where demand is high, it is important to obtain confirmation from the relevant land registry office before proceeding with the transaction.
These limits are examined during the land registry transaction. If real property acquired in violation of the Law is not liquidated by its owner within a period of no more than one year granted by the Ministry of Finance, it is liquidated and converted into cash, and the proceeds are paid to the person entitled to them. For this reason, it is important to check the position before acquisition.
It must not be overlooked that these restrictions do not apply to every foreign national. Persons who were Turkish citizens by birth and lost Turkish citizenship by obtaining permission to renounce it, and their descendants up to the third degree, continue to enjoy the rights granted to Turkish citizens in the same manner, except for the exceptions set out in the Law; acquisition of real property is not among those exceptions. In practice, the country list, the thirty-hectare limit, the ten per cent district-area limit and the resulting liquidation do not apply to these persons, who are referred to in practice as holders of the Blue Card. In its provision concerning companies with foreign capital, the Land Registry Law likewise excludes these persons from its scope by its wording.
Military Prohibited Zones and Security Zones
The fact that a property falls within a military prohibited zone or security zone has consequences both for acquisition and for leasing; however, the regime varies according to the type of zone, and there is not a categorical prohibition in every zone. In second-degree land military prohibited zones, foreign natural and legal persons may not acquire property, and this prohibition is not subject to any permit mechanism. Leasing, by contrast, is governed by a separate regime: in the same zone, foreigners may not lease property without a permit — that is, leasing is not absolutely prohibited but is subject to permission. Permits for foreign civilian personnel on duty are issued by the provincial administrations upon receipt of the opinion of the garrison command; for foreign military personnel on duty, they are issued by the Turkish General Staff.
In first-degree land and maritime military prohibited zones, the regime is different: as a rule, properties within the zone are expropriated; this is not an acquisition ban specific to foreigners but the termination of ownership in general. However, the statute does not treat this rule as absolute: in first-degree land military prohibited zones established along the land border line and on coasts, expropriation is not mandatory. The statute further provides that the rules on the use by the local population of properties not expropriated in this manner are to be set out in a regulation. As this exception may be decisive for properties in the coastal area, both the type of zone in which the property falls and whether expropriation has been carried out should be examined separately. As regards military security zones, the relevant statute does not impose any acquisition or leasing ban specific to foreigners. In addition, the President may decide that foreigners may not acquire property and may not lease it without a permit in zones to be designated on account of their proximity to military prohibited zones or for other strategic reasons; the restriction in such zones applies to the extent provided for in that decision.
For companies established in Turkey with foreign capital, the regime is not prohibition but permission: the acquisition of property ownership by such companies in military prohibited zones, military security zones and the strategic zones referred to above is subject to the permit of the Turkish General Staff or the commands it authorises, while acquisitions in special security zones are subject to the permit of the provincial administration of the place where the property is located; the assessment is based on the compatibility of the acquisition with national security. This permit regime relates to acquisition of property ownership — no separate provincial administration permit is prescribed for leasing or transfer.
Maps and coordinate data relating to military prohibited zones, military security zones and strategic zones are communicated to the General Directorate of Land Registry and Cadastre by the Ministry of National Defence, while data relating to special security zones are communicated by the Ministry of the Interior. Land registry transactions are carried out on the basis of this information. Accordingly, whether the immovable property falls within any of these areas can, as a rule, be assessed by the land registry office. Nevertheless, before entering into a promise-of-sale agreement or making any advance payment, it is necessary to examine whether the land register contains any restriction preventing acquisition by foreigners or requiring permission.
Land Registry Process and Required Documents
The fact that a real estate valuation report is not required for foreign natural persons in ordinary real estate purchases is determined not at the statutory level but by the relevant administrative arrangement; therefore, the current practice should be confirmed with the land registry office before the transaction. Acquisitions made for the purpose of obtaining citizenship are subject to a separate procedure and fall outside the scope of this page.
Where a property without structures is purchased, the law imposes a further obligation: foreign natural persons and commercial companies with legal personality established under the laws of foreign countries must submit for the relevant Ministry’s approval, within two years, the project they intend to develop on the property. The project, approved by the relevant Ministry with specified commencement and completion periods, is sent to the land registry office where the property is located for recording in the declarations column of the land register. The relevant Ministry monitors whether the project is carried out within the prescribed period. Failure to apply to the relevant Ministry within the prescribed period, or failure to carry out the project within that period, constitutes one of the grounds triggering liquidation under the law.
By contrast, where persons who do not have a Turkish citizenship connection acquire real estate by purchase, their payment obligations must be fulfilled in foreign currency, and that foreign currency must be sold to the Central Bank through a bank before the land registry transaction. The foreign exchange purchase certificate issued by the bank is submitted to the land registry office, and the value subject to the fee in the official deed is determined on the basis of the Turkish lira amount stated in that certificate. Cash payments and transactions carried out at foreign exchange offices are not accepted for these purposes.
In addition, the land registry transaction requires an identity document or passport (together with a translation if it is not in the Latin alphabet), an identity information declaration form, a photograph, a municipal document showing the assessed value of the real estate, a compulsory earthquake insurance policy and a foreign identification number. If a party does not speak Turkish, a sworn translator authorised by the justice commission must be present. If the transaction is carried out through a representative, a duly executed power of attorney is required.
Remote Transactions
Owners Residing Abroad
Owners of immovable property situated in Turkey who reside abroad may manage the tenancy relationship, follow up the proceedings in the event of a dispute and, where necessary, bring an action through a power of attorney.
A lease agreement relating to immovable property situated in Turkey is governed by Turkish law even where the parties are foreign nationals and even where the parties have chosen the law of another country in the agreement; contracts relating to immovable property or its use are subject to the law of the country where the property is located. Accordingly, the mandatory provisions concerning rent increase limits, grounds for eviction and security deposits also apply to a relationship between a foreign landlord and a foreign tenant. In actions concerning rights in rem in immovable property, the courts of the place where the property is situated have exclusive jurisdiction, and a judgment of a foreign court in such matters produces no effect in Turkey unless recognised or enforced.
The form of a power of attorney to be issued abroad varies according to the country of issue and the transaction to be carried out. The power of attorney is either issued by Turkish consular authorities or, in countries that are parties to the Apostille Convention, executed before a notary and bearing an apostille; in countries that are not parties to that Convention, the notary’s signature must be certified by the authority to which the notary is attached, and the signature and seal of that authority must in turn be certified by the Turkish consulate in that country. For transactions such as the transfer of immovable property or the creation of a limited right in rem over it, as well as the filing of an action, the power of attorney must expressly contain special authorisations; powers of attorney required for transactions before the land registry must also bear a photograph of the principal. A power of attorney that has been drawn up incompletely may not be accepted by the land registry office.
Service of documents in respect of parties residing abroad is subject to a procedure different from ordinary domestic service. As a rule, service is effected through the competent authority of the country where the addressee is located; where the addressee is a Turkish national, service may also be effected through the Turkish embassy or consulate. Since documents containing a hearing date must be dispatched to the foreign authority sufficiently in advance of the hearing, this may significantly affect the length of the proceedings. Appointing an attorney in Turkey can prevent these delays to the extent that it makes service abroad unnecessary.
In addition, foreign natural and legal persons who bring an action before a Turkish court, participate in proceedings or initiate enforcement proceedings must provide security, in an amount determined by the court, to cover litigation and enforcement costs and the other party’s damages and losses. The court may exempt such persons from providing security on the basis of reciprocity. In other words, the rule is that security must be provided, while the exception is an exemption based on reciprocity.
Assessment criteria
Assessment Criteria in Tenancy and Real Estate Matters
The course of action to be followed in tenancy and real estate disputes is determined according to the content of the contract, the legal status of the property and the parties’ claims. During the initial assessment, the available documents, time limits and any cross-border elements of the dispute may be considered together.
The basis on which the eviction claim will be brought, the period from which the rent determination claim will take effect, and how the mediation stage will be conducted are assessed on a case-by-case basis.
In matters involving foreign-national owners or tenants, acquisition restrictions, the use of foreign documents, international service of process, and powers of attorney are of particular importance.
The firm’s practice areas include disputes arising from tenancy and real estate ownership. You may contact us via the contact page to request a consultation.
FAQs
Frequently Asked Questions
How is the rent increase rate determined?
For leases of residential premises and roofed workplaces, the rent increase agreed for the renewed period cannot exceed the rate of change in the consumer price index based on twelve-month averages for the previous rental year. This rate is a cap; if a lower rate has been agreed in the contract, that rate applies, while any provision agreed above the cap is deemed invalid to the extent of the excess. For residential leases, the temporary cap of 25% that previously applied was in effect for rental periods renewed between 11 June 2022 and 1 July 2024, and covered only residential leases. Because the cap depends not on the calendar date but on the date on which the rental period is renewed, it continued to apply throughout the relevant rental year to a period renewed on or before 1 July 2024; for periods renewed on or after 2 July 2024, the general rule applies.
If the tenant has given an eviction undertaking, can the tenant be evicted directly?
For an eviction undertaking to be relied upon, it must be in writing and given after delivery of the leased property. If the tenant fails to vacate the property on the date specified in the undertaking, the lessor may initiate enforcement proceedings or file an action within one month from that date. If this period is missed, the claim may be rejected on procedural time-limit grounds. The validity and enforceability of the undertaking must be assessed separately in light of the specific circumstances of the case.
Is it mandatory to go to mediation before filing a tenancy lawsuit?
As a rule, applying for mediation before filing an action is a condition precedent to litigation in disputes arising from a lease relationship. Dissolution of co-ownership, disputes arising under the Condominium Law and disputes concerning neighbour rights fall within the same scope. The provisions on the eviction of leased immovables through enforcement proceedings without a judgment are excluded from this scope; however, an action for annulment of objection and eviction brought before the ordinary courts following an objection to enforcement proceedings does not benefit from this exception. An action filed without applying for mediation is dismissed on procedural grounds.
Can a foreign national purchase real estate in Alanya?
This depends on the person's nationality and the legal status of the property. Not every foreign national can acquire immovable property in Turkey; only nationals of countries designated by a Presidential Decision may do so within statutory limits, and in practice this list is not published publicly. The thirty-hectare nationwide limit, the limit of ten per cent of the district's area subject to private ownership, and whether the property is located in a military forbidden zone, security zone or special security zone are examined separately. It should also be borne in mind that, if the property is located within a military forbidden zone, acquisition and leasing are subject to different regimes. Persons who were Turkish nationals by birth and subsequently lost their nationality with permission to renounce it, together with their descendants up to the third degree (Blue Card holders), are not subject to these restrictions; the law grants these persons the same rights as Turkish nationals and does not list the acquisition of immovable property among the exceptions. Eligibility should be assessed on a property-by-property and person-by-person basis before acquisition.
When and how is the deposit returned?
In residential leases and leases of roofed workplaces, the security deposit requested from the tenant may not exceed three months’ rent. Where the security is provided in cash or negotiable instruments, special provisions apply to its safekeeping in a bank and its return; the bank may return the security only with the consent of both parties, once enforcement proceedings have become final, or on the basis of a final court judgment. If the lessor fails to notify the bank within three months following the termination of the lease that a lawsuit has been filed or enforcement proceedings have been initiated, the bank must return the security upon the tenant’s request. The tenant’s unpaid rent or ancillary charges and claims for damage exceeding normal wear and tear are assessed separately; the existence and amount of the damage must be established by evidence such as a handover report, photographs and correspondence.
Can I rent out my home on a short-term basis for tourism purposes?
Renting out residences for a maximum of one hundred days is considered a tourism-purpose rental; rentals exceeding one hundred days at a time fall outside the scope of the Law on Tourism-Purpose Rentals. To make a rental within the scope of the Law, a permit must be obtained before the agreement is signed, and the application must include a resolution adopted unanimously by all condominium owners in the building in which the independent unit is located. In buildings comprising more than three independent units, a permit may be issued for independent units representing no more than twenty-five per cent of the units in the name of the same lessor. The obligation to obtain the permit rests with the lessor.
As for the tenant, the law imposes an express prohibition: a tenant may not sublet to third parties for tourism purposes, on their own behalf and for their own account, a residential property leased for use as a dwelling. Accordingly, before engaging in short-term rentals, the title deed record, the management plan and the decisions of the condominium owners should all be examined.
I live abroad; how can I handle transactions concerning my real estate in Türkiye?
The process can be handled through a power of attorney. The power of attorney must either be issued by a Turkish consulate or, in countries that are party to the Apostille Convention, be issued by a notary and bear an apostille; in countries that are not party to the Convention, the notary’s signature must be authenticated by the authority to which the notary is affiliated, and that authority’s signature and seal must also be authenticated by the Turkish consulate. For transactions such as the transfer of the real estate, the creation of a right over it or the filing of a lawsuit, the power of attorney must expressly include specific powers. Powers of attorney requiring a transaction at the land registry office must bear a photograph of the principal.
There is also no room for doubt as to the applicable law: a lease agreement concerning real estate located in Türkiye is governed by Turkish law, even if the parties are foreign nationals and the agreement designates the law of another country. Service of documents abroad, carried out through the competent authority of the country where the addressee is located, may significantly prolong the proceedings. In addition, foreign individuals and legal entities that bring or participate in proceedings before a Turkish court, or initiate enforcement proceedings, are generally required to provide security; the court may exempt them from this requirement on the basis of reciprocity.
The explanations on this page are for general information purposes only and do not constitute legal opinion or advice. Since the circumstances of each specific case differ, a legal assessment should be made on a case-by-case basis.
The information on this page has been published, within the framework of the Turkish Bar Association Regulation on the Prohibition of Advertising, to provide information about the areas in which the firm operates, without implying any specialisation; it is not intended to solicit business.
Viewing this page or contacting us through the links or contact information provided on this page does not mean that an attorney-client relationship has been established between the attorney and the applicant, nor does it imply acceptance of the matter.
The information and time limits on this page were prepared in accordance with the legislation in force as of 6 September 2026. Since legislation may change, time limits should in any case be calculated in accordance with the current statutory text.
The legal route to be followed in tenancy and real estate disputes may vary depending on the content of the contract, the legal status of the property, the parties' claims and the available documentation. It is therefore important to accurately determine the legal position at the outset of the dispute, to monitor the applicable time limits and to identify the appropriate avenue of recourse.
Merve Kartal
attorney at law