Every year, thousands of foreign students, employees, tourists, and investors rent homes in Turkey. When foreigners enter into a rental agreement, they may encounter certain special conditions. Legal security, proper contract drafting, and awareness are crucial for protecting tenants’ rights. Moreover, for foreign tenants, rental agreements are not only a matter between landlord and tenant but also carry importance in relation to residence permits, notarization, and legal proof.
In this article, we examine the rights of foreign tenants, the key points they must consider, and the potential risks in rental agreements.
Yes. Any foreigner who is legally present in Turkey (with a valid passport, residence permit, or travel document) may rent a residence. In other words, legal presence in Turkey is mandatory. Regulations clearly state that “foreign nationals without a valid travel document, foreign ID card, residence permit, or valid travel authorization cannot rent housing.”
While rental agreements are generally not subject to a specific form requirement (they may be written or oral), rental agreements with foreign tenants must be notarized.
Notarization: For agreements with foreign tenants, notarization is required. Furthermore, notarized contracts are often submitted to the Directorate of Migration Management.
Residence relation: The rental contract is typically required to prove address when applying for a residence permit.
Letter of undertaking option: In some cases, a Turkish citizen may guarantee a foreign tenant’s expenses by signing a notarized undertaking, which may substitute for a rental contract during residence procedures.
When these conditions are met, a foreign tenant can sign a lease agreement and enjoy tenancy rights just like a Turkish citizen.
To secure their rights, foreign tenants should ensure that the following information is included in the contract:
Identity/passport details of tenant and landlord
Exact address and title deed details of the property
Rent amount, payment method, and due dates
Rental term (fixed-term or indefinite)
Security deposit amount and refund conditions
Maintenance and repair obligations
Rent increase clause (in line with CPI limits)
Renewal, rent adjustment, and early termination terms
Notarization and submission to the Migration Directorate
These provisions serve as a legal safeguard for both parties in the event of disputes.
If the lease term exceeds one year, the tenant has the right to request a written rental agreement.
The landlord must ensure that the dwelling is livable, with structural safety and functioning utilities such as electricity, water, and heating.
The landlord cannot enter the property without the tenant’s consent, except in emergencies or for necessary repairs with prior notice.
If the tenant vacates the property in accordance with the contract, they are entitled to receive their deposit back. The landlord may only deduct for damages beyond normal wear and tear, provided these are proven.
For residential leases, even after the contract expires, tenants may under certain conditions continue the lease on the same terms. The landlord cannot force eviction solely because the lease term has ended.
Rent increases are limited by law to the Consumer Price Index (CPI) average over the last 12 months. Any attempt to impose a higher increase is invalid.
If the landlord sells the property, the new owner inherits all rights and obligations under the lease, and the tenant may continue the tenancy under the same conditions.
If the tenant wishes to vacate before the lease term ends, they remain liable for rent until the property is re-rented (“reasonable period”). However, this obligation may be reduced if the tenant has a valid reason (e.g., residence permit rejection).
If notarization and submission to the Migration Directorate are neglected, the contract may be deemed invalid for residence applications.
If the tenant fails to pay rent, the landlord may initiate eviction after two formal written notices (Turkish Code of Obligations, Article 352/2).
The landlord may terminate the lease for major renovations, personal/family use, or after 10 years of tenancy, subject to legal procedure.
Rental agreements in foreign currency are prohibited.
If the tenant’s residence permit is rejected or canceled, this may constitute a “just cause” for contract termination.
In certain restricted areas (e.g., military zones), additional limitations may apply to foreigners renting property.
Always have the contract notarized and, where required, submit it to the Migration Directorate.
Draft a detailed contract, covering special conditions, maintenance obligations, and early termination.
Use photos or inspection reports at move-in and move-out to document the property’s condition.
Monitor rent increase clauses to ensure they comply with legal CPI limits.
Seek legal or professional advice to avoid risks specific to foreign tenants.
The rights of foreign tenants in Turkey are protected under both the Turkish Code of Obligations and the Law on Foreigners and International Protection. A properly drafted rental agreement, with notarization, residence compliance, and written provisions, helps prevent future disputes
Consulting a legal professional is the safest way to ensure that your rental contract is valid and enforceable.
