A Renter's Guide for Foreigners: What to Know When Renting a Home in Turkey

Deciding to live or invest in Turkey brings with it an exciting new beginning. One of the most crucial steps in this process is undoubtedly finding and renting the right home to meet your housing needs. However, for a foreign individual, the rental process is more than just a key handover; it is a legal process at the intersection of the Turkish Code of Obligations and the regulations of the Presidency of Migration Management that must be managed carefully. This guide has been prepared to clarify the steps you may encounter when renting a home in Turkey, to protect your rights, and to help you complete the process smoothly.

Strategic Steps to Take Before the Contract

The foundation of a successful rental experience is based on the meticulous research you do before signing the contract. The first and most important rule is that the neighborhood where the property to be rented is located is not closed to residence permit applications for foreigners by the Migration Administration. Renting a house in an area known as a "closed neighborhood" will result in the direct rejection of your residence permit application. Secondly, you must ensure that the person you are contracting with is the actual owner of the property. You can check the official records of the property with your passport number through the "FOR FOREIGNER" portal of the General Directorate of Land Registry and Cadastre, which is specially designed for foreigners. Finally, investigating whether there are any unpaid electricity, water, or natural gas debts from the previous tenant will prevent future problems.

Anatomy and Key Points of the Lease Agreement

The lease agreement is the constitution of the relationship between the tenant and the landlord. For a foreigner planning to reside in Turkey, the most critical feature of this document is the obligation for it to be notarized. Although notarization is not normally a condition for validity, the Presidency of Migration Management only accepts notarized contracts for residence permit applications. This makes the contract the basis of an administrative process. Other key points to pay attention to in the contract are:

• Parties' Information: If you do not yet have a Foreigner's Identification Number, make sure your passport number is written correctly.
• Property Address: The address being identical and complete with the one in the official records will prevent delays in the residence permit process.
• Payments: Specifying the rent amount in figures and letters, the deposit amount, and the bank IBAN number to which payments will be made will legally secure you.

Financial Matters: Deposit and Rent Increase

The landlord can demand a security deposit from you of up to a maximum of three months' rent. A demand exceeding this legal upper limit is invalid. The most common dispute regarding the return of the deposit is deductions for "ordinary wear and tear." The tenant cannot be held responsible for aging that occurs from normal use, such as the fading of wall paint over time or superficial scratches on the parquet floors, and no deductions can be made from the deposit for such reasons.

Regarding rent increase rates, the 25% limit application ended as of July 1, 2024. Now, the legal upper limit for rent increases for residential properties is the twelve-month average of the Consumer Price Index (CPI) of the previous year. The landlord cannot demand a raise above this rate.

The Most Critical Legal Pitfall: The Eviction Commitment

An eviction commitment is a document signed by the tenant stating that they will vacate the property on a specific date, and it grants the landlord a strong right of eviction. However, there are very strict rules for this document to be considered valid. The most important rule is this: The commitment must be signed on a date after the tenant has settled into the property and received the keys. In practice, some landlords want to have a commitment signed at the same time as the lease agreement or with the date sections left blank. According to the decisions of the Supreme Court, such documents, which are considered signed under pressure by the tenant, are legally invalid. Knowing this detail protects your housing security from the very beginning.