Buying a Property with an Existing Tenant in Turkey: What Foreign Buyers Need to Know – 2026 Updated Guide

Buying a tenanted property in Turkey? Learn the 2026 rules for foreign buyers on existing leases, tenant eviction, new owner rights, rent increases, deposits, mandatory mediation and property due diligence.

Buying an apartment, villa, office or commercial property in Turkey does not automatically terminate an existing lease agreement. This is one of the most important legal points foreign buyers should understand before completing a property acquisition.

Under Article 310 of the Turkish Code of Obligations No. 6098, when ownership of a leased property changes after the lease has been concluded, the new owner automatically becomes a party to the existing lease agreement. In other words, Turkish law generally follows the principle that a sale does not break an existing lease. (DergiPark)

This can surprise foreign investors who purchase property believing that the tenant must immediately leave after title transfer. In many cases, the buyer acquires not only ownership of the property but also the landlord’s position under the existing tenancy.

A foreign buyer who intends to occupy the property personally may have a special statutory eviction right under Article 351, but strict notification and litigation deadlines apply. Therefore, tenant status should be investigated before the title deed transfer, not after the purchase price has already been paid.

Does Buying a Property in Turkey Automatically Terminate the Existing Lease?

No.

Article 310 of the Turkish Code of Obligations establishes that if ownership changes after a lease agreement has been concluded, the new owner becomes a party to the lease. (Kanun Yolu)

The tenant therefore does not normally need to sign a completely new lease merely because the property has been sold.

Suppose a foreign investor purchases an apartment occupied by a tenant who has a valid residential lease. After the title deed transfer, the buyer generally steps into the position of the former landlord.

The buyer cannot simply tell the tenant:

“The property now belongs to me, so you must leave.”

A legally recognized ground for termination or eviction is required.

Can a Foreign Buyer Evict the Existing Tenant?

Potentially, but purchasing the property is not itself sufficient.

One of the most important remedies available to a new owner is contained in Article 351 of the Turkish Code of Obligations.

If the new owner has a genuine need to use the property as a residence or workplace for themselves, their spouse, descendants, ascendants or another person whom they are legally obliged to support, the new owner may potentially seek termination of the lease through the special procedure established by Article 351. (Kanun Yolu)

The requirement must be genuine.

Buying an occupied apartment solely as an investment does not automatically create a personal-need eviction right merely because the investor would prefer another tenant paying a higher rent.

The One-Month Notice Rule Is Critical

Foreign buyers should pay particular attention to the first month following acquisition.

Under Article 351, a new owner relying on the special acquisition-based need procedure must notify the tenant in writing within one month from the date of acquisition.

Provided this requirement is satisfied, the new owner may seek termination through a lawsuit after six months from acquisition. (Kanun Yolu)

This one-month period is extremely important.

A foreign investor who purchases the property and spends several months considering what to do may lose the opportunity to use this particular procedural route.

Legal strategy should therefore ideally be determined before the title deed transfer takes place.

The Six-Month Eviction Route

Article 351 provides a special mechanism for a new owner with a genuine residential or workplace need.

The structure is essentially as follows: the property is acquired, written notice is given to the tenant within one month of acquisition, and the new owner can pursue termination through a lawsuit after six months have passed from the acquisition date. (Kanun Yolu)

The tenant is not automatically evicted on the six-month date.

If the tenant does not leave voluntarily, the owner must follow the legally required dispute-resolution and court procedures.

Foreign buyers should therefore distinguish between having a legal ground for eviction and actually obtaining possession of the property.

There Is Another Route Based on the End of the Lease Period

Article 351 also provides an alternative.

Instead of using the acquisition-based six-month procedure, the new owner may exercise the need-based termination right by bringing the required action within one month following the end of the relevant lease period. (Kanun Yolu)

Which route is strategically preferable depends on the acquisition date, lease dates, intended use of the property and procedural circumstances.

This is why the existing lease should be obtained and reviewed before purchasing.

What Does “Genuine Need” Mean?

The new owner’s need should be real, sincere and legally sufficient.

A buyer who genuinely intends to live in the property may have a fundamentally different position from an investor who simply wants to remove the existing tenant and re-rent the apartment at a higher market price.

The statutory provision specifically identifies housing or workplace requirements of the new owner, spouse, descendants, ascendants and persons whom the owner is legally obliged to support. (Kanun Yolu)

A foreign buyer should therefore avoid creating artificial reasons for eviction.

The factual circumstances may be examined during litigation.

Can the Buyer Evict the Tenant Because the Rent Is Too Low?

Low rent alone does not automatically give the new owner a right to evict the tenant.

This is particularly important in Turkey because long-standing lease relationships can involve rents substantially below current market levels.

A foreign investor may purchase an apartment worth a substantial amount and then discover that the tenant is paying significantly less than comparable properties.

The buyer cannot simply replace the existing rent with whatever amount the current market would support.

Rent increases and rent determination are regulated separately under Turkish law.

Can the New Owner Immediately Increase the Rent?

Generally, ownership transfer itself does not create a separate right to impose an immediate market-level increase.

The new owner succeeds to the existing landlord’s position under Article 310 and therefore acquires the property subject to the existing lease relationship. (DergiPark)

For ongoing residential and covered workplace leases, Article 344 remains important for rent adjustments.

The temporary 25% residential rent increase restriction expired on July 1, 2024. Under the general system now applicable in 2026, annual increases are again governed by Article 344, with the twelve-month average CPI change operating as the statutory ceiling in the ordinary annual adjustment framework. (lexology.com)

Foreign buyers should therefore calculate investment returns using the actual legally applicable rent, rather than assuming they can immediately charge current market rent after purchase.

What Happens After Five Years of Tenancy?

Long-term leases require additional analysis.

The Turkish rent determination framework allows broader consideration of market conditions after the relevant five-year threshold.

The Central Bank of the Republic of Türkiye’s 2026 analysis of the rental market confirms that ongoing rents are ordinarily subject to the twelve-month average CPI limitation while landlords retain a mechanism allowing rents to be adjusted toward market levels every five years under the legal framework. (Türkiye Cumhuriyet Merkez Bankası)

Therefore, a property occupied by the same tenant for seven years may present a different rent-adjustment strategy from a property where the tenant entered only eighteen months earlier.

The starting date of the lease is consequently a significant due-diligence item.

Always Obtain the Existing Lease Before Buying

A foreign buyer should never purchase a tenanted property based solely on the seller’s verbal description of the tenancy.

Request the complete lease agreement.

The buyer should determine when the lease began, the current rent, payment date, deposit, rent adjustment clause, duration, renewal history and any additional obligations.

Any amendments, protocols or side agreements should also be requested.

The seller should also disclose whether there is ongoing litigation, mediation, enforcement proceedings, a rent determination dispute or an eviction case involving the tenant.

Check Whether the Lease Is Annotated at the Land Registry

The legal status of the lease should also be investigated through the title deed records.

Article 312 of the Turkish Code of Obligations permits annotation of the tenant’s lease right in the land registry where the relevant requirements are satisfied.

Such an annotation can strengthen the lease right against subsequent property owners and requires particular attention during acquisition due diligence. (DergiPark)

Foreign investors should therefore not review only ownership, mortgages and attachments.

Existing lease-related annotations and other third-party rights should also be investigated.

What Happens to the Security Deposit?

The tenant’s deposit should be addressed during the acquisition.

The buyer should determine how much deposit was originally paid, where it is currently held and whether it will be transferred or otherwise accounted for as part of the transaction.

This issue has received notable attention in 2026.

A May 12, 2026 decision of the Court of Cassation’s Third Civil Chamber addressed the position of a former owner who had received the tenant’s deposit but could not establish that the deposit had been transferred to the new owner. The decision is an important reminder that the seller and buyer should clearly document the deposit position when a leased property changes hands. (Kanun Yolu)

The purchase agreement should therefore address the deposit expressly.

Who Receives the Rent After the Sale?

Once ownership has transferred and the new owner has succeeded to the landlord’s position, future rent payment arrangements should be communicated clearly to the tenant.

The tenant should receive reliable written information concerning the ownership change and the account into which future rent should be paid.

This reduces the risk of payments continuing to the former landlord.

The purchase agreement should also determine how rent covering the transfer month will be allocated between seller and buyer.

If rent has been paid in advance, the parties should reconcile that amount at closing.

What If the Tenant Has Unpaid Rent?

This should be investigated before acquisition.

A seller may tell the foreign buyer that the tenant owes several months of rent, but the buyer should not automatically assume that every historical receivable becomes the buyer’s personal claim merely because ownership changes.

Past receivables, assignment arrangements and post-transfer rent obligations should be distinguished.

The sale agreement can address whether historical rental receivables are retained by the seller or transferred to the buyer.

If substantial arrears exist, the relevant enforcement documents and notices should also be reviewed.

What If the Seller Promises That the Tenant Will Leave?

This is a common transaction risk.

A seller may say:

“The tenant has already agreed to leave after the sale.”

That statement should not be relied upon without documentary verification.

If vacant possession is essential to the foreign buyer, the sale contract should clearly address whether delivery is to occur vacant or subject to the existing tenancy.

The contractual consequences if the seller fails to deliver the promised possession should also be considered.

A property advertised as suitable for immediate personal occupation should not be purchased on an informal promise that an existing tenant will “probably move out.”

Mandatory Mediation Before Rental Litigation

Foreign owners should also understand an important procedural feature of Turkish rental law.

Since September 1, 2023, disputes arising from rental relationships generally fall within Turkey’s mandatory mediation framework before litigation, subject to statutory exceptions. The system was introduced through Law No. 7445 and the relevant amendments to the mediation legislation. (Türkiye Büyük Millet Meclisi)

This remains important in 2026.

Therefore, where a foreign buyer intends to pursue an eviction, rent determination or another qualifying tenancy lawsuit, the required mediation stage must be considered before filing the court action.

Failure to follow a mandatory procedural prerequisite can delay the entire possession strategy.

Can the Buyer Purchase the Property as an Investment and Keep the Tenant?

Yes.

An existing tenant is not necessarily a disadvantage.

For investment property, a reliable tenant can provide immediate rental income without vacancy, advertising or tenant-search costs.

The important question is whether the existing lease supports the buyer’s expected investment return.

A foreign investor should therefore analyze the current rent, statutory adjustment mechanism, tenant payment history, remaining lease structure, potential rent determination options and property expenses before calculating yield.

A property that appears to generate a 6% return based on advertised market rent may produce substantially less if the legally payable existing rent is much lower.

Due Diligence Before Buying a Tenanted Property

The foreign buyer should investigate the title deed, lease agreement, lease commencement date, current rent, payment history, deposit, landlord-tenant disputes and any land-registry annotation.

The intended purpose of the acquisition should also be decided in advance.

If the buyer wants the property for personal residence, Article 351 deadlines may become immediately relevant.

If the buyer wants an investment, the focus should instead be on rent sustainability, payment history and long-term rental yield.

The sale agreement should then allocate tenancy-related risks between the seller and buyer.

This work should be completed before the purchase price is fully paid and ownership is transferred.

2026 Legal Position for Foreign Property Buyers

The fundamental legal framework remains highly relevant in 2026: Article 310 protects continuity of the lease following transfer of ownership, Article 351 provides a specific need-based route for qualifying new owners, and Article 344 regulates rent adjustments.

The former temporary 25% residential rent cap is no longer the applicable general rule. The ordinary Article 344 framework based on the twelve-month average CPI measure has returned. (lexology.com)

Mandatory mediation also remains an important procedural requirement for qualifying landlord-tenant disputes.

Foreign investors should therefore be cautious with online information written during the temporary rent-cap period or before mandatory mediation became applicable to rental disputes.

Frequently Asked Questions

1. Does the tenant have to leave when I buy the property?

No. Under Article 310, ownership transfer generally makes the new owner a party to the existing lease rather than automatically terminating it. (Kanun Yolu)

2. Can I evict the tenant because I want to live in the property?

Potentially. Article 351 provides a special termination route where the new owner has a genuine residential or workplace need for themselves or qualifying close family members. (Kanun Yolu)

3. How long does the new owner have to notify the tenant?

For the special acquisition-based Article 351 procedure, written notification must be made within one month from acquisition. (Kanun Yolu)

4. Can I evict the tenant six months after buying the property automatically?

No. Six months does not itself remove the tenant. Article 351 permits the qualifying new owner to pursue termination through the prescribed legal process after that period, provided the statutory requirements have been satisfied. (Kanun Yolu)

5. Can I immediately increase the rent to market value after buying?

Generally, no. Purchasing the property does not by itself create a right to disregard the existing lease and impose a new market rent. Rent adjustments remain subject to the applicable Turkish rental rules.

6. What is the rent increase rule in Turkey in 2026?

The temporary 25% residential cap expired in 2024. The ordinary Article 344 framework applies, under which the twelve-month average CPI change is relevant to the annual statutory ceiling, subject to the circumstances of the lease. (lexology.com)

7. What happens to the tenant’s deposit after the property is sold?

The deposit position should be documented during the sale. A 2026 Court of Cassation decision highlights the importance of proving whether a deposit received by the former owner was transferred to the new owner. (Kanun Yolu)

8. Do I need mediation before filing an eviction case?

Many rental disputes are subject to mandatory mediation before litigation under the framework introduced by Law No. 7445. The specific dispute should be checked to determine the applicable procedural route. (Türkiye Büyük Millet Meclisi)

9. Should I buy a property if the seller says the tenant will leave after the sale?

Do not rely solely on a verbal promise. The lease, any legally relevant eviction undertaking, correspondence and the contractual obligation to deliver vacant possession should be reviewed before completion.

10. What should a foreign buyer check before purchasing a tenanted property?

The buyer should review the lease, title deed, rent and payment history, deposit, lease duration, land-registry annotations, existing disputes, potential eviction rights and the legal consequences if vacant possession cannot be obtained.

Legal Support for Foreign Buyers Purchasing Tenanted Property in Turkey

Buying a property with an existing tenant requires more than ordinary title deed due diligence. The transaction should be assessed together with the existing lease, rent level, deposit, tenant payment history, potential eviction grounds and the buyer’s intended use of the property.

Fırat Fesih Kaya Law Office provides legal assistance to foreign individuals and international investors purchasing residential and commercial property in Turkey, including legal due diligence, lease review, title deed examination, sale agreement review, tenant disputes, rent determination matters, mandatory mediation and eviction proceedings.

If you are considering buying an occupied property in Turkey, obtaining legal advice before the title deed transfer can prevent substantial financial and procedural problems. Our office can review the existing tenancy, assess whether vacant possession can realistically be obtained, identify Article 351 deadlines and evaluate the investment risks before you become legally committed to the acquisition.

Phone: +90 312 434 22 22
Mobile Phone: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yildirim Tower No: 148, 06520 Balgat, Cankaya, Ankara, Turkey