Property Sale Does Not End Your Lease in Turkey

One of the most persistent myths in Turkish rental practice is that a landlord can sell a property and the new owner can ask the tenant to leave. This is wrong. Turkish law provides one of the clearest tenant protections in this area: the sale of a rented property does not terminate the lease agreement.

The Legal Rule: Sale Does Not Break Lease

Article 310 of the Turkish Code of Obligations (Türk Borçlar Kanunu) states expressly: when a leased property is sold, the new owner steps into the position of the previous owner in the rental relationship. The lease continues automatically on the same terms. The tenant does not need to sign a new contract, and the new owner cannot unilaterally change the rent or impose new conditions simply by virtue of having purchased the property.

The Turkish Court of Cassation (Yargıtay, 6th Civil Chamber) has applied Article 310 consistently: a sale of property does not give the new owner grounds to evict a sitting tenant, nor does it restart the lease clock or alter the notice periods that apply.

What the New Owner Inherits

The new owner takes over the rental relationship exactly as it was. This means:

• The lease terms remain the same: rent amount, payment date, duration, and all other conditions.
• The deposit is transferred: any security deposit paid to the previous owner is legally owed to the tenant. In practice, the seller is expected to hand the deposit over to the buyer at the time of sale. If the deposit is not transferred, the tenant's claim against the new owner still stands.
• The notice rules are unchanged: the new owner is bound by the same legal notice periods as the previous owner. They cannot give a shorter notice period just because they are new.

Can the New Owner Ever Ask the Tenant to Leave?

Yes — but only on the same grounds available to any landlord, and with the same notice periods. Common legitimate grounds for eviction under Turkish law include:

• The lease period has ended and the new owner or their immediate family genuinely needs the property for personal use (ihtiyaç sebebiyle tahliye)
• The tenant has not paid rent
• The tenant has materially breached the lease

Even the "personal use" eviction requires following a strict notice and waiting period procedure. Simply buying a property does not automatically create a right to immediate vacant possession.

A Special Case: Annotation in the Land Registry

If the tenant has annotated the lease in the land registry (tapu siciline şerh), the lease binds any future buyer of the property in the same way as a registered right. Even buyers who claim they did not know a tenant existed cannot disregard the annotation. This is particularly relevant for longer-term commercial or residential leases.

What Tenants Should Do When the Property Is Sold

The practical steps to protect your position:

1. Continue paying rent normally — preferably to the new owner's account, but if that information is not yet available, document all payments and keep proof.
2. Request written confirmation of the new owner's bank details and contact information as soon as the sale is announced.
3. Do not sign any document waiving your rights under the existing lease without legal advice.
4. Check your deposit: ensure the previous owner has passed it on, or confirm with the new owner that they acknowledge the deposit.

If the new owner demands that you vacate without proper legal grounds or notice, you are entitled to refuse and to seek an injunction against unlawful eviction.

How Mona Hukuk Can Help

Property sales that affect tenants often raise urgent questions about new lease terms, deposit recovery, and notice periods. Our team in Antalya advises tenants and landlords on the legal implications of property transfers, and represents clients in eviction proceedings where ownership has changed.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to book a consultation in Antalya.