Turkish Rental Law: Key Court Rulings and Developments in 2025

Since mandatory mediation was introduced for rental disputes on 01.09.2023, Turkish courts have been busy interpreting the new procedural framework. Below we summarise the most significant Yargıtay (Court of Cassation) and Regional Court of Appeals decisions of 2024–2025 that every landlord or tenant in Turkey should be aware of.

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Mandatory Mediation: Critical Procedural Points

Timing of the mediation application

Applying for mediation too early may invalidate the precondition. Yargıtay 3rd Civil Chamber, Decision 2025/3048, held that the statutory waiting period for the landlord's eviction right must have elapsed before the mediation application is filed. An application made before the right has arisen does not satisfy the procedural prerequisite.

Is applying enough, or must the process be fully completed?

Two appeal courts reached opposite conclusions:

• İstanbul BAM 35th Chamber, 2025/359 — Simply initiating mediation is not enough; the process must be properly concluded and a final minutes document (son tutanak) issued.
• Yargıtay 9th Chamber, 2022/5294 — Once a final minutes document is drawn up — even if the mediator could not secure agreement — the precondition is met.

Until this split is resolved by a unification decision, the safest route is to ensure a proper final minutes document is issued before filing suit.

Original final minutes vs photocopy

Courts require the original final minutes document or a copy certified by the mediator. Simple photocopies made by parties or attorneys are routinely rejected. Request a certified copy from the mediation office.

Penalty clauses in mediation settlement agreements

A mediation settlement agreement has the enforceability of a court judgment. However, inserting a penalty clause into such an agreement for breach of a residential lease is void under TBK Article 346, which prohibits imposing any financial obligation on a residential tenant beyond rent and ancillary costs. The fact that parties freely agreed in mediation does not override this mandatory rule.

TBK Article 353 and the mediation application as written notice

İstanbul BAM 49th Chamber, 2025/1002 ruled that a mediation application counts as the written notice required by TBK 353 and extends the eviction lawsuit filing deadline by one year. This is important for landlords who fear losing their right to sue in a particular renewal period.

All mandatory parties must participate in mediation

If there are multiple tenants or multiple landlords, all of them must be invited and their positions recorded. Failure to include all necessary parties can cause the court to reject the case for lack of the procedural prerequisite.

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Jurisdiction

Regardless of the amount in dispute, Sulh Hukuk Mahkemesi (Civil Court of First Instance for Minor Matters) has exclusive jurisdiction over rental cases (CPC Art. 4). Cases mistakenly filed in the Asliye Hukuk Mahkemesi will be dismissed for lack of jurisdiction.

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Breach of Contract as a Ground for Eviction

Living with a parent is not a breach

A tenant sharing a residential unit with a parent does not violate the lease unless the contract contains an express prohibition. Recent Yargıtay decisions confirm this.

Using more space than leased

Using a slightly larger area than specified does not automatically constitute breach; courts assess whether the tenant's use fundamentally undermines the essential obligations of the lease.

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Notices and Warnings

Two-justified-notice rule and electronic service

For the two-justified-notice eviction ground to be valid, each notice must reach the tenant properly. Yargıtay has held that there is a 5-day gap between the official electronic service date and the date the document becomes accessible to the recipient. Landlords who ignore this gap risk having the notice declared invalid.

Contractual pre-notice requirements

Some leases require the landlord to send a preliminary written notice before issuing a formal eviction warning. Courts treat these clauses as binding; a formal notice sent without the prior preliminary notice fails to satisfy the contractual precondition.

WhatsApp notifications

Courts are divided. Some accept WhatsApp messages as valid notice where blue-tick (read) receipts are visible and the channel was habitually used by the parties; others reject them entirely. Until the courts align, notary notice or registered mail with return receipt is the only risk-free option.

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Eviction Commitments

Reference in the lease contract

An eviction commitment embedded in the lease by cross-reference is generally valid, provided it meets the formal requirements of TBK (date and signature).

Family home — both spouses must sign

Where the leased property is the family home, both spouses must sign the eviction commitment, or the non-signing spouse must give explicit consent (Turkish Civil Code Art. 194). Eviction lawsuits based on a commitment signed by only one spouse are dismissed. New purchasers who wish to evict sitting tenants often overlook this point.

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Rent Guarantees (Suretyship)

A guarantor's liability is limited to the term of the original lease unless the guarantee instrument expressly states otherwise. When the lease is renewed or extended, a fresh written consent from the guarantor is required. Landlords who fail to obtain this consent cannot pursue the guarantor for rent arrears accrued in the new period.

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Rent Determination and Adjustment

TBK Article 344 is a determination rule, not a general adaptation rule

Yargıtay has clarified that TBK 344 operates independently of general force-majeure or hardship doctrines. It is a specific rule for the determination of residential and commercial lease rents. Where the contractual increase rate exceeds the CPI (TÜFE) or where no rate was agreed, the court can determine a fair market rent.

Overpayments do not amend the contract

If a tenant has consistently paid more than the contracted rent, the excess payments do not alter the contractual rent figure. The tenant may claim a refund of overpayments under unjust enrichment principles.

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Key Takeaways

1. Apply for mediation at the right time. The statutory waiting period must have elapsed before you file the application.
2. Keep the original or certified final minutes document. Simple photocopies are routinely rejected by courts.
3. Track TBK 353 notice deadlines. The mediation application counts as written notice — document the date.
4. Build in the 5-day electronic service buffer when calculating the two-justified-notice eviction ground.
5. Use notary notice or registered mail. WhatsApp notification validity remains disputed before Turkish courts.
6. Ensure both spouses sign any eviction commitment involving a family home. A single spouse's signature is voidable.
7. Obtain fresh written consent from the guarantor when the lease is renewed. The old guarantee does not automatically extend.
8. Do not include penalty clauses in mediation settlement agreements for residential leases — they are void under TBK 346.

Turkish rental law has become procedurally complex since 2023. Seeking legal advice before a dispute escalates is far less costly than litigating a preventable procedural defect.

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This article is for general information only and does not constitute legal advice. Contact our office for assistance with your rental law matter.