Recent Developments in Turkish Rental Law: 2025 Court of Cassation and BAM Rulings

The mandatory mediation provisions that entered into force on 1 September 2023 fundamentally transformed the procedural landscape of rental disputes. In the years since, the chambers of the Court of Cassation and the Regional Courts of Appeal (BAM) have issued dozens of rulings interpreting the new regime — and some of those rulings conflict with one another. Below we have compiled the most consequential decisions of the 2024–2025 period alongside the practical developments that matter most to practitioners.

Mandatory Mediation: Critical Questions in Practice

Why does the timing of a mediation application matter?

Applying for mediation prematurely may not satisfy the procedural precondition for bringing a claim. In its decision no. 2025/3048, the 3rd Civil Chamber of the Court of Cassation held that the expiry of the statutory waiting period necessary for the right to seek eviction to arise is a mandatory prerequisite for filing a mediation application. Where a landlord submits a mediation request before that right has accrued — solely to move the process along — the court may rule that the procedural condition has not been met.

Practical takeaway: Track the date of the eviction notice and the applicable statutory waiting period; do not approach a mediator until that period has fully elapsed.

Is initiating mediation sufficient on its own?

Istanbul BAM, 35th Civil Chamber, decision no. 2025/359 — Merely initiating the mediation process is not enough. The process must be completed in full compliance with the procedural rules, and a final record (closing minutes) must be drawn up; otherwise the procedural precondition is not deemed satisfied.

Court of Cassation, 9th Civil Chamber, decision no. 2022/5294 — Even where the mediator has been unable to broker an agreement, the preparation of a final record is sufficient. If the process cannot be completed for reasons attributable to neither party, that circumstance does not extinguish the procedural precondition.

This divergence has not yet been resolved through a unifying judgment. The safe course is to ensure that the mediation final record is drawn up without any deficiency and then to file suit with close attention to the applicable statutory period.

How must the final record be presented to the court?

A common mistake in practice is submitting a photocopy of the mediation final record. Judicial practice requires the original record or a copy certified by the mediator. Ordinary photocopies made by the parties or their counsel are not accepted. Requesting a certified copy from the mediation office eliminates this risk entirely.

Can a penalty clause be included in a mediation settlement agreement?

A settlement agreement reached through mediation constitutes an enforceable instrument equivalent to a court judgment. Court of Cassation rulings involving residential lease mediation agreements make clear that any penalty clause in such an agreement is void under Article 346 of the Turkish Code of Obligations (TCO). Article 346 prohibits imposing any payment obligation on a tenant beyond the rent itself and ancillary charges. The fact that the parties reached agreement at the mediation table is insufficient to override this mandatory prohibition.

Article 353 of the TCO and the effect of mediation on time limits

Under Article 353 of the TCO, a landlord who fails to serve written notice within the applicable forfeiture periods for certain grounds of eviction loses the right to seek eviction for the following contractual period.

Istanbul BAM, 49th Civil Chamber, decision no. 2025/1002 — A mediation application constitutes written notice within the meaning of Article 353 of the TCO and extends the period for bringing an eviction claim by one year.

Participation: who must take part in mediation?

For mediation to satisfy the procedural precondition, all necessary parties to the dispute must be included in the process. Where there is more than one tenant or more than one landlord, each must be invited; the position of each invited party must be recorded; and the final record must expressly reflect these matters. Failure to include all necessary parties may result in the court finding that the procedural precondition has not been satisfied.

Jurisdiction: Which Court Has Authority?

Regardless of the amount in dispute, the competent court for rental matters is the Civil Court of First Instance (Sulh Hukuk Mahkemesi) (Code of Civil Procedure (CCP), Art. 4). The Court of Cassation's case law on this point is well settled: claims brought before the Civil Court of General Jurisdiction (Asliye Hukuk Mahkemesi) are dismissed for lack of jurisdiction.

Eviction for Breach of Contract

Does living with a parent constitute a ground for eviction?

A tenant sharing a dwelling with a parent does not constitute a breach of contract where the lease contains no express prohibition to that effect. The Court of Cassation's recent decisions have converged on this position.

Is using more space than leased always a violation?

A tenant's actual occupation of an area larger than the leased premises is likewise not treated as an automatic ground for eviction. Courts assess this question on a case-by-case basis and, where the additional area used by the tenant does not fundamentally impair the landlord's primary interest under the lease, decline to order eviction.

Notices and Service

Two valid default notices and electronic service

The Court of Cassation's case law on the electronic service system acknowledges a five-day gap between the date a notice is marked as "read" and the date recorded in the system. Where a landlord sets the notice date without accounting for this five-day difference, the notice is at risk of being deemed invalid.

What happens if a contractual notice requirement is not observed?

Some lease agreements require separate written notification to be given before a formal notice (ihtar) is sent. Courts treat such contractual provisions as binding.

Are WhatsApp notifications legally valid?

The view that they are valid: Where it can be proven that the tenant read the message (indicated by the blue double-tick) and the parties had habitually used this channel for communication, the notice should be treated as validly served.

The view that they are not valid: Notifications sent through channels other than official service methods produce no legal effect; proving both delivery and the exact content of the message gives rise to evidentiary difficulties.

Because settled case law has not yet emerged, it is strongly advisable to serve all notices and notifications through a notary (notarized notice) or by registered mail with return receipt.

Witness Evidence

The use of witness testimony in eviction proceedings brings with it challenges to impartiality arising from the close personal relationship between the witness and one of the parties. Where the evidence is contradictory, courts are reluctant to rely solely on the testimony of a landlord's or tenant's first-degree relatives.

Eviction Commitments

Is an eviction commitment made by reference within the lease agreement valid?

An eviction commitment may be created by way of a cross-reference within the body of the lease agreement rather than in a separate document. The Court of Cassation generally upholds this approach but emphasizes that the substance of the commitment must satisfy the requirements prescribed by the TCO — in particular as to the date of eviction and the signatures of the parties.

Is the consent of both spouses required for an eviction commitment relating to a family home?

Yes. Where the leased property qualifies as the family home, the tenant-spouse must obtain the other spouse's consent, or both spouses must sign the lease agreement or the eviction commitment jointly (Turkish Civil Code (TMK), Art. 194). The Court of Cassation dismisses eviction claims based on an eviction commitment signed by only one spouse.

Duration of a Rental Surety Agreement

The TCO's protective provisions on suretyship apply to rental relationships as well. In the absence of a contrary written arrangement, the surety's liability under a rental surety agreement is limited to the expiry date of the original lease. When the lease is extended or renewed, the surety's obligation cannot be assumed to continue automatically; fresh written consent from the surety for the new period must be obtained.

Rent Determination and Adaptation Claims

Article 344 of the TCO: determination or adaptation?

Article 344 of the TCO is the specific provision governing rent determination for residential and roofed-workplace leases. It applies where the parties have not agreed on a rate of increase or have agreed on a rate exceeding the consumer price index (CPI), enabling the court to redetermine the rent in line with market conditions.

Does consistently overpaying rent modify the contract?

A tenant's prolonged payment of an amount exceeding the rent stipulated in the lease does not have the effect of contractually increasing that rent. The Court of Cassation holds that overpayment does not amount to a contractual amendment and that the tenant may seek recovery of the excess amounts under the rules on unjust enrichment.

Conclusion: Key Points to Keep in Mind

1. Apply for mediation at the right time.
2. Retain the original or a certified copy of the mediation final record.
3. Monitor the notification deadlines under Article 353 of the TCO.
4. When calculating two valid default notices, account for the five-day electronic service delay.
5. Serve all notices via a notary or by registered mail with return receipt.
6. In matters involving the family home, obtain the signatures of both spouses.
7. When a lease is renewed, obtain fresh written consent from the surety.
8. Do not include a penalty clause in a mediation settlement agreement.

Rental law is becoming more technical year by year — in terms of both procedure and substance.