Tenant Sublets a Foreign Owner’s Property Without Permission in Turkey: Can the Lease Be Terminated? – 2026 Updated Guide

Can a foreign landlord terminate a lease when a tenant sublets a property without permission in Turkey? Learn about notices, eviction, compensation and legal remedies.

A foreign property owner may discover that a tenant has rented the property to another person without permission. The tenant may have transferred the entire apartment, rented one room, hosted paying guests or listed the property for short-term accommodation.

Unauthorized subletting can be a serious breach of the lease. However, it does not always result in automatic termination. The landlord must establish what happened, whether written consent was required, whether the tenant transferred possession and which termination and eviction procedure applies.

The legal strategy should be based on the lease, the type of property, the duration of the sublease, the conduct of the tenant and the evidence available.

What Is Unauthorized Subletting?

Subletting generally occurs when a tenant allows another person to use all or part of the property in return for payment or another benefit while the original tenant remains responsible under the main lease.

Examples may include:

• Renting the entire apartment to another person;
• Renting a bedroom without the owner’s consent;
• Listing the property for short-term stays;
• Allowing a business to operate from the property;
• Transferring possession to another family or company;
• Giving the property to another person for regular payment;
• Using the apartment as an unauthorized accommodation business;
• Allowing another person to occupy the property after the tenant has moved out.

Not every guest is a subtenant. A family member or temporary guest may not have an independent right of possession. The court may examine whether the person pays rent, controls the property, receives visitors, holds keys and treats the apartment as their own residence.

Does Unauthorized Subletting Automatically Terminate the Lease?

Not necessarily.

Unauthorized subletting may provide a legal ground for termination when the tenant breached the lease or transferred possession without the required written consent. However, the landlord generally needs to follow the appropriate notice, mediation, court and enforcement procedure.

The court may consider:

• Whether the lease prohibits subletting;
• Whether written consent was required;
• Whether the landlord ever gave permission;
• Whether the entire property or only part was sublet;
• Whether the tenant remains in the apartment;
• Whether the subtenant caused damage or disturbance;
• Whether the sublease is temporary or long-term;
• Whether the tenant gained financial benefit;
• Whether the breach can be corrected;
• Whether the owner suffered loss.

A landlord should not simply change the locks or remove the subtenant. Termination and recovery of possession should be handled lawfully.

Review the Lease Before Taking Action

The lease should be examined carefully for provisions concerning:

• Subletting;
• Assignment;
• Guests and additional occupants;
• Short-term rental;
• Commercial use;
• Written consent;
• Inspection rights;
• Breach and termination;
• Repair obligations;
• Notice requirements;
• Penalties or compensation.

Some leases expressly prohibit any transfer or sublease without written consent. Others allow limited occupancy by family members but prohibit commercial or short-term use.

The landlord should also check whether the tenant received permission through a separate email, message or property management arrangement. A tenant may rely on informal communications to argue that the owner consented.

The owner should avoid signing a new agreement with the subtenant or accepting payments from the subtenant without legal advice. These actions may create a dispute about whether the owner recognized the subtenant’s right to remain.

How Can a Foreign Owner Prove the Unauthorized Sublease?

Evidence should show both the existence of the sublease and the absence of the owner’s consent.

Useful evidence may include:

• The original lease;
• Online property listings;
• Short-term rental advertisements;
• Messages with the tenant;
• Messages with the subtenant;
• Payment records;
• Bank transfers;
• Witness statements;
• Building management records;
• Utility information;
• Photographs and videos;
• Security camera records;
• Guest registration information;
• Evidence of a business operating from the property.

Digital evidence should be preserved in complete form. Screenshots should be supported by original files, full conversations, dates, links or other information showing authenticity.

The landlord should also document who is living in the property, how long they have been there and whether the original tenant still occupies or controls the apartment.

Written Notice to the Tenant

A formal written notice may require the tenant to:

• Stop the unauthorized sublease;
• Remove the subtenant where legally appropriate;
• Return exclusive possession;
• Provide information about the sublease;
• Pay any proven damage or additional expenses;
• Confirm compliance with the lease;
• Vacate the property if termination is justified.

The notice should identify the lease, the property and the specific breach. It should avoid unsupported criminal accusations or threatening language.

The landlord should preserve proof of delivery and the tenant’s response. A message application may help establish communication, but formal service may be required for certain claims.

If the owner wants the tenant to correct the breach, the notice should state what correction is required and by when. Whether a correction period is necessary depends on the nature of the breach and the applicable procedure.

Mediation Before an Eviction Lawsuit

Many lease disputes involve a pre-litigation mediation stage before a court action can proceed. The exact requirement depends on the claim and the type of tenancy.

Mediation may resolve:

• Termination of the sublease;
• Voluntary return of possession;
• Payment of damages;
• Repair obligations;
• Return of keys;
• Removal of the subtenant;
• Unpaid rent;
• Compensation for unauthorized use.

The landlord should ensure that any settlement clearly states the departure date, possession handover, payment amount, treatment of belongings and consequences of noncompliance.

A settlement should not be drafted casually. Ambiguous terms may create another dispute and make enforcement difficult.

Eviction and Recovery of Possession

If the tenant or subtenant refuses to leave, the foreign owner may need to pursue an eviction or possession claim.

The appropriate claim depends on:

• Whether the original lease remains active;
• Whether the tenant breached the lease;
• Whether the subtenant has a direct agreement with the owner;
• Whether the property is residential or commercial;
• Whether the owner consented to the sublease;
• Whether the tenant has already left;
• Whether the subtenant is causing damage or disturbance.

The owner may seek an order requiring the tenant and, where legally appropriate, the unauthorized occupant to return possession.

A subtenant generally cannot obtain stronger rights than those available under the original lease. However, the owner should not assume that the subtenant can be removed without a proper procedural assessment.

After a final judgment, court-supervised enforcement may be necessary if the occupants do not leave voluntarily.

Compensation for Unauthorized Subletting

The owner may consider claims for losses caused by the unauthorized sublease.

Potential losses may include:

• Property damage;
• Additional wear and tear;
• Unpaid utilities;
• Building management expenses;
• Cleaning and repair costs;
• Loss of use;
• Compensation for unauthorized occupation;
• Costs caused by illegal alterations;
• Lost rental opportunities;
• Expenses arising from short-term commercial use.

The landlord should prove the amount with invoices, expert reports, photographs, payment records and comparable rental information.

The owner should avoid claiming the same loss twice. For example, a repair cost already included in a damage claim should not be added again as a separate loss without justification.

The tenant may remain liable under the original lease even if a subtenant caused the damage. The subtenant may also face direct liability depending on the facts and the legal relationship.

Short-Term Rental and Commercial Use

A tenant may list the apartment on an online platform or use it for repeated short-term stays without the foreign owner’s consent.

This may create additional issues involving:

• Unauthorized commercial use;
• Increased building traffic;
• Noise and disturbance;
• Security concerns;
• Damage;
• Insurance coverage;
• Building management rules;
• Administrative compliance.

The landlord should preserve the listing, booking information, guest communications and evidence of repeated short-term use.

A short-term rental may be more serious than a single guest staying temporarily because it can change the purpose, risk and intensity of the property’s use.

Interim Injunctions and Urgent Protection

An interim injunction may be considered where the unauthorized sublease creates an immediate risk of serious harm.

Urgent protection may be relevant if:

• The property is being repeatedly rented to strangers;
• The tenant is damaging the apartment;
• The property is being used for an unauthorized business;
• The occupant is making structural changes;
• The tenant is transferring possession to additional people;
• Evidence is being deleted;
• The property is being advertised to new occupants;
• There is a safety or security risk.

An interim measure is temporary and does not finally determine whether the lease should be terminated. The applicant must generally show a credible claim, urgency and a serious risk of harm. Security may be required.

The landlord should not rely on an injunction as a substitute for the main eviction or termination case.

Can a Criminal Complaint Be Filed?

Unauthorized subletting is generally addressed through civil lease and possession remedies. It does not automatically constitute a criminal offense.

A criminal complaint may be considered if the facts also involve:

• Forged consent documents;
• Fraud;
• Deliberate property damage;
• Theft;
• Threats or violence;
• Illegal entry;
• Identity misuse;
• Destruction of evidence;
• Another criminal activity conducted at the property.

The landlord should distinguish a contractual breach from a criminal offense. Unsupported criminal allegations can damage the credibility of the civil case.

Foreign Owner Living Abroad

A foreign owner may often manage the process without traveling to Turkey.

A lawyer acting under a properly prepared power of attorney may be able to:

• Review the lease;
• Verify the sublease;
• Preserve digital and physical evidence;
• Send a written notice;
• Attend mediation;
• File a termination or eviction claim;
• Seek an interim injunction;
• Claim compensation;
• Follow court-supervised enforcement.

The power of attorney may require authentication, legalization or an apostille, together with a reliable translation.

The owner should provide the lawyer with the original lease, title records, property manager reports, payment evidence and all communications with the tenant or subtenant.

Legal Remedies and Appeal Process

If the court rejects the termination or eviction claim, the landlord may have appeal or review options depending on the type of decision and procedural stage.

An appeal may concern:

• Incorrect interpretation of the lease;
• Failure to consider written consent requirements;
• Failure to evaluate digital evidence;
• Incorrect classification of a guest as a subtenant;
• Failure to assess property damage;
• Procedural errors;
• Incorrect calculation of compensation.

If an urgent protective application is denied, the written decision should be reviewed immediately because procedural periods may begin from formal service.

After a final judgment, enforcement may be required to obtain possession and collect compensation.

2026 Practical Checklist

A foreign owner should:

• Review the lease before accusing the tenant;
• Determine whether there is a genuine sublease;
• Preserve online listings and messages;
• Identify all occupants;
• Document damage and disturbance;
• Send a carefully prepared written notice;
• Avoid accepting rent from the subtenant without advice;
• Complete mediation where required;
• File the correct termination or eviction claim;
• Consider compensation and an interim injunction;
• Avoid changing locks or using force;
• Prepare a power of attorney if living abroad;
• Use court-supervised enforcement after judgment.

Lawyer Fırat Fesih Kaya recommends treating unauthorized subletting, possession, damage and compensation as connected but legally distinct issues.

Frequently Asked Questions (FAQ)

1. Can a foreign landlord terminate a lease because the tenant sublet the property without permission?

Potentially, yes. Unauthorized subletting may be a serious lease breach, but termination is not always automatic and the correct procedure must be followed.

2. Is written consent required for a tenant to sublet?

In many cases, written consent is important. The lease and applicable tenancy rules should be reviewed before determining whether the sublease is unauthorized.

3. Is a guest automatically considered a subtenant?

No. The court may consider payment, possession, control of the property, duration of stay and the nature of the arrangement.

4. Can the landlord change the locks after discovering a subtenant?

The landlord should not use self-help eviction methods. A lawful notice, court proceeding and enforcement process may be required.

5. Can the landlord sue the unauthorized subtenant directly?

Depending on the facts, the owner may have claims concerning possession, damage or unauthorized use. The original tenant may also remain liable under the main lease.

6. Can the landlord claim the profit earned by the tenant from subletting?

The landlord may be able to claim proven losses or compensation, but the legal basis and amount depend on the lease, the damage and the applicable remedies.

7. What if the tenant used the property for short-term rentals?

Repeated short-term rentals may constitute unauthorized commercial use and may create additional damage, disturbance and compliance issues.

8. Is mediation required before an eviction lawsuit?

Many lease-related disputes involve a pre-litigation mediation stage. The exact requirement depends on the claim and the type of property.

9. Can a foreign owner file the case from abroad?

Often, yes. A lawyer may act under a properly authenticated power of attorney and handle notices, mediation, litigation and enforcement.

10. What happens if the tenant appeals an eviction judgment?

The landlord may need to respond to the appeal and assess whether enforcement can continue. The effect depends on the type of decision and applicable procedure.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Legal Support for Unauthorized Subletting Disputes in Turkey

Expert legal support is essential when a tenant transfers possession of a foreign-owned property without permission.

Fırat Fesih Kaya Law Office provides professional assistance in lease termination, unauthorized subletting disputes, eviction proceedings, compensation claims, evidence preservation, mediation, interim injunctions and court-supervised enforcement.

Lawyer Fırat Fesih Kaya

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