Lease Contracts in Türkiye: Required Documents

Once you decide to rent a home, most of what follows comes down to a single document: the lease contract (kira sözleşmesi). Rent, deposit, increases, moving-in and moving-out dates — every point that could turn into a dispute later is settled by what this document says. In this article we explain how a lease contract is made in Türkiye, which documents are asked from the tenant and what the contract should contain, based on the Turkish Code of Obligations (Türk Borçlar Kanunu), in a way that is useful to tenants and landlords alike.

What is a lease contract?

The Turkish Code of Obligations defines a lease as a contract in which the landlord leaves the use of something to the tenant, and the tenant pays the agreed rent in return. Residential leases are governed by separate, more protective provisions of the law. Most of these provisions cannot be changed to the tenant's disadvantage. So even if the contract contains a clause that breaks the law and puts the tenant in a difficult position, that clause is not valid.

Does a lease contract have to be in writing?

The law does not require a lease to be in writing. A lease agreed verbally is also valid. Even so, we recommend putting it in writing. If a disagreement arises over the rent, the deposit, an increase or the condition of the home at handover, the only strong evidence you will have is the signed contract.

A notary's certification is not required either. The parties can draw up the contract and sign it between themselves. However, a foreign tenant applying for a residence permit in Türkiye must give the migration authority (Göç İdaresi) a notarised copy of the lease. If your tenant is a foreign national, making the contract at a notary from the start makes things easier.

What should a lease contract include?

A good lease should be clear enough that neither side can later say "we never discussed this". At a minimum, the contract should contain the following.

• Details of the parties. The landlord's and the tenant's names, identity numbers and addresses. If there is a guarantor, their details too.
• Details of the home. The full address, the type of property and the independent unit number. If you are renting it furnished, an inventory of the furniture.
• Rent and how it is paid. The monthly rent, the payment day and the bank account the rent is paid into.
• Lease term. The start date and the length of the contract. Residential leases are usually made for one year.
• Deposit. The amount and how it will be held.
• Increase. How the rent will be increased in the new rental period.
• Running costs. Who pays costs such as building fees (aidat), electricity, water and natural gas.
• Terms of use. Matters the parties care about, such as pets, subletting or changes to the home.

Under the law, usage costs such as heating, lighting and water are paid by the tenant unless the contract says otherwise.

Documents asked from the tenant

The law does not list which documents may be asked from a tenant. This is entirely a matter of practice and of the landlord's preference. The documents landlords and estate agencies most often ask for are these.

• Identification. A Turkish identity card for Turkish citizens; a passport or residence permit card for foreigners.
• Proof of income. A payslip, an employment letter or, if you are self-employed, your tax certificate (vergi levhası). This is the most reliable way to see whether the rent will be paid regularly.
• Guarantor and their documents. If the landlord asks for a guarantor, the guarantor's identification and proof of income.
• A reference from a previous landlord. Not required, but often asked for, especially for homes with high rents.

The tenant also has the right to ask the landlord for certain documents. To make sure the person renting out the home really is its owner, or the owner's authorised representative, check the title deed details and their identification. If the home is being rented out through a proxy, ask for the power of attorney.

How much can the deposit be?

In residential leases, the deposit — "security" in the law's wording — cannot exceed three months' rent. If the deposit is given as money, the law provides for the tenant to place it in a savings account with a fixed term, which cannot be withdrawn without the landlord's consent. The bank returns this money only with the consent of both parties or on a court or enforcement order.

If, within three months of the end of the contract, the landlord does not notify the bank in writing that a lawsuit has been filed or enforcement proceedings started against the tenant, the bank must return the deposit to the tenant at the tenant's request.

In practice, the deposit is very often paid directly to the landlord. If you do it this way, write the amount and the conditions for its return into the contract, and make the payment through a bank.

How is the rent increased?

In residential leases, the increase in a new rental period cannot exceed the change in the twelve-month average of the consumer price index (TÜFE) for the previous rental year. Even if the contract states a higher rate, the increase stays within this limit. The Turkish Statistical Institute (TÜİK) announces this rate every month. The rate announced for the month before your rental period begins is your increase limit.

The temporary 25% cap introduced in 2022 ended in July 2024. Today, the only rule in force is the TÜFE limit.

Things change once a tenancy has run for five years. For contracts longer than five years, or renewed after five years, the new rent can be set fairly by a judge, taking into account the condition of the home and comparable rents in the area. This is called a rent determination case (kira tespit davası).

Can the rent be set in foreign currency? In residential leases between people resident in Türkiye, the rent cannot be set in foreign currency or indexed to one. This ban does not apply if one of the parties is a foreign national or resident abroad.

How does a lease contract end?

In residential leases, the law puts the tenant in a stronger position than the landlord. These are the main rules you need to know.

• If the tenant wants to leave. In a fixed-term contract, if the tenant does not notify the landlord at least 15 days before the term ends, the contract is extended for another year on the same terms.
• The landlord cannot rely on the term running out. The landlord cannot evict the tenant simply because the contract term has ended. This is only possible after the ten-year extension period has run, by giving notice at least three months before the end of each extension year.
• Notice must be in writing. In residential leases, a notice of termination is valid only if it is given in writing.

The situations in which the landlord can evict the tenant are also listed one by one in the law. The main ones are these.

• Need. If the landlord needs to use the home as a residence for themselves, their spouse, children, parents or people they are obliged to support.
• Need of a new owner. A person who later buys the home can file an eviction case on grounds of need, provided they notify the tenant in writing within one month.
• Eviction undertaking (tahliye taahhüdü). If the tenant, after the home has been handed over to them, has undertaken in writing to vacate it on a set date. An eviction undertaking signed before the home is handed over — for example, together with the contract — does not have this effect.
• Two justified warnings. If the tenant had to be sent a written warning twice within one rental year for not paying the rent.

If the landlord has the home vacated on grounds of need, they cannot rent it to anyone other than the former tenant for three years without a justified reason.

In rental disputes such as setting the rent or eviction through the courts, applying to a mediator before filing a lawsuit has been mandatory since 1 September 2023.

Stamp duty and agency commission

Lease contracts for a home that is not registered to a company or business, rented to individuals as a residence, are exempt from stamp duty. For commercial leases, stamp duty of 0.189% is charged on the total rent payable over the term of the contract.

If an estate agency arranges the rental, the service fee it can charge cannot exceed one month's rent plus VAT (KDV). This fee is charged only for the first contract and is not asked for again when the lease is renewed.

After signing the contract

A few things done in the first days after signing will head off disputes that might otherwise arise later.

• Record the condition of the home. On handover day, photograph the home and the furniture, and note any existing damage in writing. This is the most disputed point when the deposit is returned.
• Take over the utility accounts. Have the electricity, water and natural gas accounts opened in the tenant's name.
• Update your address registration. Register your new address through e-Devlet or at the civil registry office (nüfus müdürlüğü).
• Pay the rent by bank transfer. In the description of each payment, write which month's rent it is.

We explain what to look at while searching for a home in things to consider when renting a house, and what those renting out their home should do in things to consider when renting out a house. If you will be earning rental income, you may also want to read our article on rental income tax. If you are looking for a home to rent or to invest in, our advisors can help.