Renewal and termination of lease agreements: what to know

What happens when the term ends?

Under the Turkish Code of Obligations, a lease agreement does not end automatically unless one of the parties gives proper notice of termination. If the parties continue the lease tacitly, unless otherwise agreed, the lease is deemed renewed for one-year periods.

Terminating a renewed lease

A lease renewed this way can be terminated for the end of each lease year, provided the legal notice period is observed. Either the tenant or the landlord wishing to end the lease should therefore pay attention to notice periods and timing.

Non-payment of rent and eviction

The law sets out specific conditions for eviction in case of late rent payment.

• In leases shorter than one year, if the tenant has been given two justified written warnings within the lease term, the landlord may exercise the right to terminate.
• In leases of one year or longer, two justified warnings within one lease year can lead to the same result.
• Under Law No. 6570, an eviction lawsuit can be filed against tenants who fail to pay rent on time at the end of the lease term, without further warning being required.

Death of the tenant

The tenant's death does not automatically end the lease. The deceased tenant's business partners, heirs continuing the same profession or craft, and those living in the same residence with the deceased tenant may continue the lease as party to it, as long as they comply with the contract and the law.

Eviction due to owner's need

Under Law No. 6570, a person who has or whose spouse has a habitable residence registered in the same city or municipality may be required to vacate the leased property upon the owner's request. In addition, if a tenant has notified in writing that they will vacate but fails to do so, eviction may be requested through enforcement offices.

Suggestions for both parties

Matters relating to renewal, termination or eviction of a lease can have circumstances specific to each case. Missing notice periods or procedural errors may lead to loss of rights for either party.

• Give any termination or renewal decision in writing and on time.
• If there are delays in rent payments, keep correspondence and warning notices.
• Consult your own lawyer for matters requiring legal process.
• You may get general information about the lease process from your real estate consultant.