Last updated: 19 July 2026
Which Terms Should Be Clear in a Lease Agreement?
A lease agreement records the landlord’s obligation to allow use of the property and the tenant’s obligation to pay rent. Residential and roofed-workplace leases are subject to mandatory protections under the Turkish Code of Obligations. A clause does not become valid merely because both parties signed it; deposit, rent increase, penalty, eviction and termination terms must comply with the law.
Landlords and tenants consulting an Antalya lawyer or a Serik lawyer should adapt the agreement to the property’s purpose, condition, common-expense system and furnishings rather than using an incomplete template.
Identify the Parties and the Property
The landlord’s ownership or authority to lease should be checked. If there are several owners, the signing and representation structure should be clarified. For a company tenant, the correct trade name, registration information and authorised representative should be used.
The agreement should state the full address, independent-section details, permitted use, parking space, storage area, furnished items and number of keys. A residential property used as a business may create zoning, licence, tax and condominium-management issues.
Rent, Payment Date and Bank Account
State the monthly or annual rent, payment date, bank account and currency. Bank transfers should contain a clear description such as “August 2026 residential rent.” Cash payments create proof problems and may conflict with current tax-documentation requirements.
Foreign-currency rent is subject to currency-protection legislation and exceptions. The parties should verify whether their transaction may lawfully be denominated in or indexed to foreign currency.
Lease Agreement Review Table
| Clause | What should be regulated? | Common problem |
|---|---|---|
| Parties | Identity, address, ownership and representation | An unauthorised person signs the agreement. |
| Leased property | Address, independent section, annexes and permitted use | Parking, storage or furniture is left outside the written scope. |
| Rent | Amount, due date, bank account and increase method | Unclear payment records or an unlawful increase clause |
| Deposit | Amount and statutory holding method | Exceeding the three-month limit or unclear return conditions |
| Expenses | Utilities, ordinary common expenses and major repairs | Ownership-related costs are improperly shifted to the tenant. |
| Delivery | Inventory, meter readings, keys and existing damage | Damage at the end of the lease cannot be proved. |
| Termination | Notice address, handover and return of keys | An unlawful automatic-eviction or penalty clause |
How Is the Annual Rent Increase Determined?
For renewed residential and roofed-workplace leases, an agreed increase may not exceed the twelve-month average change in the consumer price index. The parties may agree on a lower rate. After five years, or in leases renewed after five years, comparable rents, the condition of the property and fairness may be considered through a rent-determination action.
The temporary 25 percent residential rent-increase limitation ended for renewal periods beginning after 1 July 2024. Agreements made in 2026 should use the general statutory framework and the correct renewal date.
How Much Deposit Can Be Required?
For residential and roofed-workplace leases, security may not exceed three months’ rent. If money or negotiable paper is provided as security, the Code requires the tenant to place the money in a savings account or deposit the paper with a bank so that it cannot be withdrawn without the landlord’s consent.
The agreement should state the amount, account, return conditions and treatment of proven damage. The tenant should not automatically treat the deposit as the final month’s rent without agreement.
Inventory and Delivery Report
A dated and photographed delivery report should list keys, meter readings, paint, floors, kitchen, heating, air conditioning, appliances and furniture. Ordinary wear and ageing are distinguished from damage caused by improper use.
A similar report should be signed when the property and keys are returned. The date of key delivery is often important for determining when possession and rent liability ended.
Can an Eviction Undertaking Be Added?
A written undertaking to vacate may be effective only if it is given after delivery of the property and states a specific date. A document signed at the same time as the lease or signed blank creates serious validity and proof disputes.
Where an undertaking may be used, the property, undertaking date, eviction date and signature should be clear. The process is explained in how to start tenant eviction proceedings.
Guarantor and Surety Clauses
A surety undertaking must satisfy written-form requirements. The maximum amount and date must be written by the surety in the legally required form. Spousal consent may be necessary unless a statutory commercial or professional exception applies.
A vague clause stating that a guarantor is “unlimitedly responsible for all debts forever” may be invalid or narrower than the landlord expects.
Sublease, Transfer and Alterations
The agreement should address sublease, transfer of the lease, use by third parties and material alterations. Written landlord consent may be required depending on the property and transaction. In workplace leases, the statutory rule concerning refusal of a transfer without justified cause should be reviewed.
Signs, external air-conditioning units, structural work and licence-requiring activities may also require permission from the owner, condominium management and public authorities.
Family Home
If the leased property is the family home, the tenant spouse may not terminate the lease without the other spouse’s explicit consent. A spouse who is not originally a party may notify the landlord and become jointly responsible under the statutory framework.
Frequently Asked Questions
Must a lease agreement be notarised?
Generally no. A written agreement is important for proof, while specific annotations or transactions may require an official form.
Does the tenant automatically leave after a one-year lease ends?
No. The landlord generally needs a statutory termination or eviction ground for residential and roofed-workplace leases.
Can a four-month deposit be required?
No. The statutory maximum for residential and roofed-workplace leases is three months’ rent.
Can the agreement require a 50 percent annual increase?
The renewal increase cannot exceed the statutory twelve-month average CPI limit. The excess may be invalid.
Is the tenant responsible for every common expense?
Ordinary use-related expenses may be allocated to the tenant. Major repairs and ownership-related charges require separate assessment.
Can rent be paid in cash?
Traceable bank payment is safer for proof and tax compliance. Current payment-documentation rules should be checked.
Can pets be prohibited in every situation?
The lease, condominium-management plan, neighbour law and actual impact of the animal should be considered together.
Drafting the Agreement for the Entire Lease Relationship
A good lease agreement regulates payment, use, delivery and the eventual return of the property. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can review rent, deposit, inventory, surety and termination clauses for the individual lease. For contract review, contact us.
This article provides general information about residential and workplace leases under Turkish law. The property, parties and current tax or currency rules may require additional clauses.
