Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 6098, Official Gazette 04/02/2011, No. 27836. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=6098&MevzuatTur=1&MevzuatTertip=5
PART TWO – Special Obligational Relationships
CHAPTER FOUR – Lease Contract
DIVISION ONE – General Provisions
Article 299 – A. Definition
A lease contract is a contract whereby the landlord undertakes to make the use of a thing, or its use together with its enjoyment, available to the tenant, and the tenant undertakes to pay the agreed rent in return.
Article 300 – B. Duration of the lease
A lease contract may be made for a fixed or indefinite term.
A lease contract that ends upon expiry of the agreed term without any notice is for a fixed term; other lease contracts are deemed to have been made for an indefinite term.
Article 301 – I. Obligation to deliver
The landlord is obliged to deliver the leased property on the agreed date in a condition fit for the use intended under the contract and to keep it in that condition throughout the term of the contract. In leases of residential premises and roofed workplaces, this provision may not be modified to the detriment of the tenant; in other lease contracts, a provision contrary to this rule may not be imposed to the detriment of the tenant through standard terms.
Article 302 – II. Obligation to bear taxes and similar charges
The landlord bears mandatory insurance, taxes and similar charges relating to the leased property unless otherwise agreed or provided by law.
Article 303 – III. Obligation to bear ancillary expenses
The landlord is obliged to bear ancillary expenses relating to the use of the leased property, whether incurred by the landlord or by a third party.
Article 304 – 1. Liability for defects in the leased property at the time of delivery
If the leased property is delivered with material defects, the tenant may rely on the provisions concerning the debtor’s default or the landlord’s liability for defects arising in the leased property subsequently.
If the leased property is delivered with non-material defects, the tenant may rely on the provisions concerning the landlord’s liability for defects arising in the leased property subsequently.
Article 305 – a. In general
If defects arise in the leased property subsequently, the tenant may demand that the landlord remedy them, that the rent be reduced proportionately to the defect, or that the tenant’s loss be compensated. However, a demand for compensation of loss does not preclude the exercise of the other elective rights.
In the event of a material defect, the tenant’s right to terminate the contract is reserved.
Article 306 – b. Demand to remedy the defect and termination
The tenant may demand that the landlord remedy the defect in the leased property within an appropriate period; if the defect is not remedied within that period, the tenant may have it remedied at the landlord’s expense and deduct the resulting claim from the rent, or demand that the leased property be replaced with an equivalent property free of defects.
If the defect makes the leased property unfit for its intended use or materially impairs its suitability for that use, and it is not remedied within the period granted, the tenant may terminate the contract.
Instead of remedying the defect in the leased property, the landlord may replace it with an equivalent property free of defects within an appropriate period.
The landlord may prevent the tenant from exercising their elective rights by immediately providing an equivalent property free of defects and compensating the tenant in full for the loss suffered.
Article 307 – c. Reduction of rent
If defects affecting the use of the leased property exist, the tenant may demand a reduction in the rent proportionate to the defects for the period from when the landlord learns of them until they are remedied.
Article 308 – d. Compensation for loss
The landlord is obliged to compensate the tenant for loss arising from defects in the leased property unless the landlord proves that they were not at fault.
Article 309 – 1. Liability for eviction
If a third party asserts a right in the leased property that is incompatible with the tenant’s right, the landlord is obliged, upon notification by the tenant, to take over the action and compensate the tenant for any loss suffered.
Article 310 – a. Transfer of ownership of the leased property
If, after formation of the contract, ownership of the leased property is transferred for any reason, the new owner becomes a party to the lease contract.
The provisions on expropriation are reserved.
Article 311 – b. A third party acquiring a limited real right
If, after formation of the contract, a third party acquires a real right over the leased property that affects the tenant’s right, the provisions concerning transfer of ownership of the leased property apply by analogy.
Article 312 – c. Annotation in the land register
In leases of immovable property, the parties may agree that the tenant’s leasehold right be annotated in the land register.
Article 313 – 1. In general
The tenant is obliged to pay the rent.
Article 314 – 2. Time of performance
Unless otherwise agreed or required by local custom, the tenant is obliged to pay the rent and, where applicable, ancillary expenses at the end of each month and no later than the end of the lease term.
Article 315 – 3. Tenant’s default
If, after delivery of the leased property, the tenant fails to perform the obligation to pay rent or ancillary expenses that have fallen due, the landlord may give the tenant written notice allowing a period for performance and state that the contract will be terminated if the tenant still fails to perform within that period.
The period granted to the tenant must be at least ten days, or at least thirty days for leases of residential premises and roofed workplaces. It begins on the day following the date on which written notice is given to the tenant.
Article 316 – II. Obligation to use with due care and show respect to neighbours
The tenant is obliged to use the leased property with due care in accordance with the contract and to show due respect to the persons residing in the immovable property in which it is located and to the neighbours.
If the tenant breaches this obligation in a lease of residential premises or a roofed workplace, the landlord shall give written notice allowing at least thirty days to remedy the breach and stating that the contract will otherwise be terminated. In other lease relationships, the landlord may terminate the contract immediately by written notice without first giving the tenant a warning.
In a lease of residential premises or a roofed workplace, the landlord may terminate the contract immediately by written notice if the tenant intentionally causes serious damage to the leased property, if it is apparent that granting the tenant a period would serve no purpose, or if the tenant’s breach of this obligation makes continued tenancy unbearable for the landlord or the persons residing in the same immovable property and the neighbours.
Article 317 – III. Obligation to pay cleaning and maintenance expenses
The tenant is obliged to pay the cleaning and maintenance expenses necessary for the ordinary use of the leased property. Local custom shall also be taken into account in this regard.
Article 318 – IV. Obligation to notify the landlord of defects
The tenant is obliged to notify the landlord without delay of defects that the tenant is not obliged to remedy; otherwise, the tenant is liable for the resulting loss.
Article 319 – V. Obligation to tolerate remedying defects and showing the leased property
The tenant is obliged to tolerate work aimed at remedying defects in the leased property or preventing damage.
The tenant is obliged to allow the landlord and a third party designated by the landlord to inspect the leased property to the extent necessary for maintenance, sale or a subsequent lease.
The landlord must notify the tenant a reasonable time in advance of the work and inspection of the leased property, and must take the tenant’s interests into account while they are carried out.
The tenant’s rights to a reduction in rent and compensation for loss are reserved.
Article 320 – 1. By the landlord
The landlord may make innovations and alterations to the leased property that do not require termination of the lease contract and that the tenant may be expected to tolerate.
In carrying out these innovations and alterations, the landlord is obliged to take the tenant’s interests into account. The tenant’s rights to a reduction in rent and compensation for loss are reserved.
Article 321 – 2. By the tenant
The tenant may make innovations and alterations to the leased property with the landlord’s written consent.
A landlord who consents to innovations and alterations may not demand that the leased property be returned in its former condition unless this has been agreed in writing.
Unless otherwise agreed in writing, the tenant may not demand compensation for any increase in the value of the leased property resulting from innovations and alterations made with the landlord’s consent.
Article 322 – II. Sublease and transfer of the right of use
Provided that this does not result in a change detrimental to the landlord, the tenant may sublease all or part of the leased property to another person and may also transfer the right of use.
In leases of residential premises and roofed workplaces, the tenant may not sublease the leased property or transfer the right of use without the landlord’s written consent.
If the subtenant uses the leased property in a manner different from that permitted to the tenant, the tenant is liable to the landlord. In that case, the landlord may exercise against the subtenant or the transferee of the right of use the rights that the landlord has against the tenant.
Article 323 – III. Transfer of the lease relationship
The tenant may not transfer the lease relationship to another person without obtaining the landlord’s written consent. In leases of workplaces, the landlord may not withhold consent without just cause.
The person to whom the lease relationship is transferred with the landlord’s written consent replaces the tenant under the lease contract, and the transferring tenant is released from obligations owed to the landlord.
In leases of workplaces, the transferring tenant is jointly and severally liable with the transferee until the end of the lease contract, for a maximum period of two years.
Article 324 – 1. In general
As long as the leased property is kept fit for use, the tenant is obliged to pay the rent even if it is not used, or is used only to a limited extent, for a reason attributable to the tenant. In this case, expenses that the landlord is spared are deducted from the rent.
Article 325 – 2. Return of the leased property before the end of the contract2
If the tenant returns the leased property without observing the contract term or the termination period, the tenant’s obligations arising from the lease contract continue for a reasonable period during which the leased property could be leased under similar conditions. If, before this period expires, the tenant finds a new tenant who can pay, is ready to assume the lease relationship, and whom the landlord can reasonably be expected to accept, the tenant’s obligations arising from the lease contract end.
The landlord is obliged to deduct from the rent the expenses the landlord is spared and the benefits obtained, or intentionally avoided, by using the leased property in another way.
Article 326 – V. Prohibition on waiver of set-off
The tenant and the landlord may not waive in advance their right to set off claims arising from the lease contract.
Article 327 – I. Expiry of the term
If a term has been determined expressly or impliedly, the lease contract ends automatically at the end of that term.
If, in this case, the parties continue the lease relationship without an express agreement, the lease contract becomes an indefinite-term contract.
Article 328 – 1. In general
In indefinite-term lease contracts, either party may terminate the contract by complying with the statutory termination periods and notice periods, unless a longer termination notice period or a different termination period has been agreed. The start date of the lease contract is taken as the basis for calculating the termination periods.
If the termination period or notice period specified in the contract or by law is not observed, the notice is valid for the next termination period.
Article 329 – 2. Leases of immovable property and structures that are movable property
Either party may terminate a lease contract concerning immovable property or a structure that is movable property for the end of the rental period established by local custom or, if there is no such custom, for the end of a six-month rental period, by giving three months’ notice of termination.
Article 330 – 3. Leases of movable property
Either party may terminate a lease contract concerning movable property at any time by giving three days’ notice of termination.
A tenant of movable property that the landlord leases in the course of the landlord’s professional activity and that serves the tenant’s personal use may terminate the lease contract by giving at least one month’s notice of termination for the end of a three-month rental period. In this case, the landlord has no right to claim compensation for damages.
Article 331 – 1. Important reasons2
Either party may terminate the contract at any time by observing the statutory termination notice period if there are important reasons that make continuation of the lease relationship intolerable for that party.
The judge shall decide on the financial consequences of the extraordinary notice of termination, taking into account the circumstances and conditions.
Article 332 – 2. Bankruptcy of the tenant
If the tenant becomes bankrupt after delivery of the leased property, the landlord may require security for rent falling due.
The landlord shall grant the tenant and the bankruptcy estate an appropriate period in writing to provide security. If security is not provided within this period, the landlord may terminate the contract immediately without observing any termination notice period.
Article 333 – 3. Death of the tenant
If the tenant dies, the heirs may terminate the contract for the end of the nearest termination period by observing the statutory termination notice period.
Article 334 – I. In general
The tenant is obliged to return the leased property at the end of the lease contract in the condition in which it was received. However, the tenant is not liable for wear and deterioration occurring in the leased property through use in accordance with the contract.
Agreements under which the tenant undertakes in advance, upon termination of the contract, to pay any compensation beyond remedying damage arising from use contrary to the contract are invalid.
Article 335 – II. Inspection of the leased property and notice to the tenant
Upon return, the landlord is obliged to inspect the condition of the leased property and immediately notify the tenant in writing of any deficiencies and defects for which the tenant is liable. If this notice is not given, the tenant is released from all liability. However, if deficiencies and defects exist that could not be identified through ordinary inspection upon receipt, the tenant’s liability continues. When the landlord identifies such deficiencies and defects, the landlord is obliged to notify the tenant immediately in writing.
Article 336 – I. Subject matter
In leases of immovable property, the landlord has a right of retention over movable property located in the leased property and serving to furnish or use it, as security for one year’s accrued rent and the rent for the current six-month period.
The landlord’s right of retention also covers movable property of the same kind brought into the leased property by the subtenant, up to the amount of the subtenant’s rent debt to the principal tenant.
The right of retention may not be exercised over the tenant’s property that is exempt from attachment.
Article 337 – II. Property belonging to third parties
The rights of third parties in property that the landlord knew or should have known did not belong to the tenant, and in property that was stolen, lost, or otherwise left its owner’s possession against the owner’s will, take precedence over the landlord’s right of retention.
If, during the lease contract, the landlord learns that movable property brought into the leased property by the tenant is not owned by the tenant and does not terminate the contract for the end of the nearest termination period, the landlord loses the right of retention over that property.
Article 338 – III. Exercise of the right
If the tenant wishes to move or to move movable property located in the leased property elsewhere, the landlord may retain movable property in an amount sufficient to secure the landlord’s claim, by decision of the civil court of peace judge or the enforcement office director.
If property subject to the retention decision is removed secretly or by force, it shall be returned to the leased property with the assistance of the law enforcement authorities within ten days from its removal.