Foreign Tenant Finds Serious Defects After Moving Into a Property in Turkey: Can Rent Be Reduced? (2026 Updated Guide)

A foreign tenant discovers mold, water leaks, heating problems or other serious defects after moving into a property in Turkey. Learn when rent reduction, repair, compensation or termination may be possible and which evidence should be preserved.

A foreign tenant may rent an apartment in Turkey after viewing it briefly, relying on photographs or arranging the tenancy from abroad. After moving in, serious problems may appear: persistent water leaks, extensive mold, defective heating, unsafe electrical installations, plumbing failures, structural damage, unusable rooms or other conditions that substantially interfere with normal use of the property. The landlord may promise repairs but do nothing, or insist that the tenant must continue paying the full rent because the rental agreement has already been signed.

Serious defects do not automatically have to be accepted simply because the tenant has moved into the property. Turkish rental law requires the landlord to deliver the rented property in a condition suitable for its intended contractual use and maintain it in that condition throughout the tenancy. Depending on the nature and seriousness of a defect, a tenant may have rights involving repair, a proportionate reduction of rent, compensation and, in sufficiently serious circumstances, termination of the rental agreement. Under Article 307 of the Turkish Code of Obligations, a rent reduction may be sought proportionately for defects affecting use, for the period from when the landlord learns of the defect until it is remedied.

What Counts as a Defect in a Rental Property?

Not every inconvenience necessarily creates the same legal consequences.

The relevant issue is whether the condition prevents or reduces the property’s suitability for the use contemplated by the rental agreement. The seriousness of the problem, the part of the property affected, its duration and its impact on normal occupation can all matter.

A minor cosmetic problem should therefore be distinguished from a defect that substantially interferes with residential use.

The Landlord Must Provide a Property Suitable for Its Intended Use

The landlord’s obligations do not end after handing over the keys.

Under Article 301 of the Turkish Code of Obligations, the landlord must deliver the rented property in a condition suitable for the agreed use and maintain it in that condition throughout the rental relationship. For residential and roofed workplace leases, this obligation cannot be altered to the tenant’s disadvantage.

This principle can become particularly important when defects existed at the beginning of the tenancy but became apparent only after the foreign tenant moved in.

What If the Defect Already Existed When the Tenant Moved In?

Defects existing at delivery can also create legal consequences.

Turkish law distinguishes important defects from less serious defects existing when the property is delivered. Where the rented property is delivered with an important defect, the tenant may have access to remedies associated with the landlord’s defective performance.

The precise remedy depends on the nature of the problem and the circumstances surrounding the tenancy.

Hidden Defects Can Be Particularly Important

Some problems cannot reasonably be discovered during a short property viewing.

Water penetration may become visible only during heavy rain. Heating problems may emerge when winter begins. Mold may have been painted over shortly before the tenant viewed the apartment. Electrical faults may become apparent only after ordinary appliances are used.

A foreign tenant discovering such a problem should document when and how it became apparent.

Can a Foreign Tenant Request a Rent Reduction?

Potentially, yes.

Where a defect affects the use of the rented property, Article 307 provides for a proportionate rent reduction for the period from when the landlord learns of the defect until it is remedied.

This does not mean that every defect permits the tenant to choose any percentage and simply begin paying that amount.

The seriousness of the defect and its actual effect on use must be evaluated.

How Is the Amount of Rent Reduction Determined?

There is no universal percentage applicable to every defective property.

A broken appliance creating limited inconvenience is not equivalent to an apartment where major rooms cannot be used because of severe water penetration or another substantial defect.

The appropriate reduction should therefore correspond to the effect of the defect on the tenant’s ability to use the property.

Evidence concerning the extent and duration of the problem becomes extremely important.

When Does the Rent Reduction Period Begin?

Notification can become critical.

Article 307 connects the rent-reduction period with the time when the landlord becomes aware of the defect and continues it until the defect is remedied.

Foreign tenants should therefore avoid relying only on telephone conversations that may later be denied.

A provable written notification can establish when the landlord was informed.

Notify the Landlord in Writing

The tenant should describe the defect clearly and request appropriate action.

The communication should identify the property, problem, date it appeared or was discovered and how it affects use.

Photographs and videos may be attached where appropriate.

WhatsApp, email and more formal notification methods may become relevant depending on the circumstances and seriousness of the dispute.

Do Not Rely Exclusively on Telephone Calls

A tenant may call the landlord repeatedly about a leaking ceiling or broken heating system.

Months later, the landlord may claim never to have been informed.

Written communications can reduce this evidentiary problem.

If a telephone conversation occurs, a subsequent written message summarizing the problem and requested repair may help create a clearer record.

Photographs and Videos Can Be Critical Evidence

Defects should be documented before repairs or deterioration change their appearance.

Take clear photographs and videos showing the affected area.

For recurring problems such as water leaks, evidence from different dates may demonstrate that the problem continued over time rather than being a single minor incident.

The tenant should preserve original files wherever possible.

Severe Mold Should Be Documented Carefully

Mold can become a significant rental dispute, particularly where it affects substantial areas of a residence.

The tenant should photograph the location and extent of the problem and preserve communications concerning previous complaints.

The source of the mold may also become important. A dispute can arise over whether the problem results from structural moisture, water penetration, ventilation, tenant conduct or another cause.

Technical assessment may therefore be necessary in contested cases.

Water Leaks Can Affect the Use of the Property

A persistent roof, ceiling, pipe or wall leak may substantially interfere with residential use.

The tenant should document each occurrence, any resulting damage and every repair request.

If the landlord sends workers but the problem repeatedly returns, preserve communications and evidence concerning those unsuccessful repairs as well.

What If the Heating System Does Not Work?

A defective heating system can become particularly serious depending on the season, duration and severity of the problem.

The tenant should notify the landlord promptly and preserve evidence of the malfunction.

Repair reports, technician communications and invoices may help establish both the existence of the defect and attempts to resolve it.

Electrical Defects Should Not Be Ignored

Electrical problems may involve more than inconvenience.

Repeated power failures, exposed wiring, defective sockets or other potentially unsafe conditions should be documented and addressed promptly.

Where a condition may create an immediate safety risk, appropriate professional or emergency assistance should be sought rather than waiting solely for a rental dispute to be resolved.

Plumbing and Sewage Problems Can Be Serious Defects

Repeated plumbing failures, unusable toilets, sewage problems or lack of normal water supply may substantially affect residential use.

The tenant should preserve photographs, repair reports, invoices and communications with the landlord.

The duration of the problem can be as important as its existence.

What If One Room Cannot Be Used?

Loss of use of part of the property may potentially support a proportionate reduction depending on the circumstances.

The analysis should consider the importance and size of the affected area, the purpose for which it was rented and how long the problem continues.

A temporarily unusable storage area and an unusable bedroom may have very different practical consequences.

Can the Tenant Demand Repair?

Yes, depending on the circumstances.

Article 305 allows a tenant to request remedy of defects that subsequently arise, while Article 306 provides that the tenant may require the landlord to remedy the defect within an appropriate period.

The tenant should therefore clearly request repair and provide a reasonable opportunity for the problem to be addressed where the circumstances permit.

What If the Landlord Ignores the Repair Request?

Failure to respond does not mean the tenant should stop preserving evidence.

Keep every unanswered message and record each continuing problem.

Under Article 306, if a defect is not remedied within an appropriate period, additional remedies may become relevant, including having the defect remedied at the landlord’s expense under the statutory conditions or, where the defect substantially prevents or impairs the intended use, termination.

The appropriate course should be evaluated before the tenant unilaterally takes financially significant action.

Can the Tenant Repair the Defect and Deduct the Cost?

Turkish law contains a mechanism allowing a tenant, under the conditions set out in Article 306, to have a defect remedied at the landlord’s expense where it is not corrected within an appropriate period and to deduct the resulting claim from rent.

This should not be interpreted as permission to undertake any renovation and deduct any amount without documentation.

The defect, notice, time allowed for repair, necessity of the work and costs should all be carefully documented.

Can the Tenant Simply Stop Paying Rent?

This can be risky.

The existence of a defect and the obligation to pay rent should not be handled through an improvised decision to stop all payments.

A tenant who withholds rent incorrectly may create a separate rent-debt dispute and potentially expose themselves to enforcement or eviction-related proceedings.

The legal basis and amount of any reduction or deduction should therefore be evaluated carefully.

Do Not Choose an Arbitrary Reduction Percentage

A tenant should not assume that mold automatically means a 50 percent reduction or that a broken heater automatically means no rent is payable.

Article 307 is based on a reduction proportionate to the defect’s impact on use.

The evidence should therefore demonstrate not only that a problem existed but how seriously it affected occupation of the property.

Can the Tenant Claim Compensation?

Potentially.

Article 308 provides that the landlord is responsible for losses resulting from defects unless the landlord proves absence of fault.

A compensation claim requires careful analysis of the loss, causation and supporting evidence.

Receipts and invoices should be preserved where the tenant incurs measurable expenses because of the defect.

What If Personal Property Is Damaged?

A serious water leak or other defect may damage furniture, electronics, clothing or personal belongings.

Photograph damaged items before disposal or repair.

Purchase records, repair invoices and other evidence concerning value should be retained where available.

The relationship between the property defect and the alleged loss may need to be established.

Can the Tenant Terminate the Lease Because of Serious Defects?

Potentially, in sufficiently serious circumstances.

Article 305 preserves termination rights in cases involving important defects, and Article 306 addresses termination where the defect eliminates or substantially impairs suitability for the intended use and is not remedied within the appropriate period.

Whether a particular defect reaches that level requires assessment of the actual facts.

Do Not Move Out Without Documenting the Reason

A foreign tenant who decides that the property is unusable may simply pack their belongings and leave.

That can create a later dispute over rent and early termination.

Before departure, preserve evidence of the defects, previous notices, repair requests and the circumstances leading to termination. The return of possession and keys should also be documented.

What If the Landlord Says the Tenant Caused the Damage?

This is a common dispute.

The landlord may argue that mold resulted from inadequate ventilation, plumbing damage resulted from misuse or another problem was caused by the tenant.

Evidence of the property’s condition when the tenant moved in can become extremely important.

Move-in photographs, inspection records, old advertisements, repair reports and early complaints should all be preserved.

The Move-In Inspection Can Become Critical

Foreign tenants should document the property immediately after receiving the keys.

Photographs and videos should show walls, ceilings, floors, bathrooms, kitchen areas, windows, heating equipment and visible installations.

Existing defects should be reported promptly.

This evidence can later help distinguish pre-existing problems from damage allegedly caused by the tenant.

What If the Landlord Painted Over the Problem?

Fresh paint can temporarily conceal dampness, staining or mold.

If the problem reappears shortly after moving in, photograph its development over time.

Preserve the original property advertisement and any photographs taken during the viewing.

Communications in which the landlord previously described the apartment as newly renovated or problem-free may also become relevant.

What If the Defect Was Obvious From the Beginning?

Delay can create evidentiary and legal difficulties.

A Turkish court decision available through the Ministry of Justice’s UYAP system indicates that where obvious defects exist and a tenant continues using the property for a long period without raising a dispute, this may, depending on the circumstances, be interpreted as acceptance of the existing condition.

Foreign tenants should therefore report visible defects promptly rather than waiting until the relationship with the landlord deteriorates.

What If the Landlord Promises to Repair Everything Later?

Preserve the promise in writing.

Messages such as “I will repair the heating next week” or “the water problem will be fixed after the weekend” may help establish both the landlord’s knowledge of the defect and the repair discussions.

Repeated promises can also help document how long the problem remained unresolved.

Keep All Repair Reports and Invoices

Technical documentation can be particularly valuable where the cause or seriousness of the defect is disputed.

Preserve reports from plumbers, electricians, heating technicians or other professionals who inspect the property.

The tenant should avoid altering or exaggerating technical conclusions when communicating with the landlord.

Can Expert Evidence Become Necessary?

Potentially.

Where the parties disagree about the existence, cause, seriousness or repair cost of a defect, technical evidence may become important.

This is especially relevant in disputes involving structural moisture, significant water damage, electrical installations or extensive repairs.

Evidence should ideally be secured before the condition is substantially changed.

What If the Landlord Begins Repairs?

Tenants generally have obligations concerning necessary work aimed at remedying defects, while their rights relating to rent reduction and damages remain protected under the applicable rules. Article 319 specifically addresses the tenant’s obligation to tolerate works intended to remedy defects or prevent damage while preserving rent-reduction and compensation rights.

The tenant should document the duration and impact of major repair works.

Repairs Do Not Automatically Erase the Earlier Problem

A landlord may eventually repair the property after several weeks.

The fact that the defect has now been corrected does not necessarily make the earlier period irrelevant.

Article 307 expressly focuses on the period between the landlord learning of the defect and its remedy.

The tenant should therefore preserve evidence showing both the notification date and repair date.

What If the Foreign Tenant Arranged the Rental From Abroad?

This is increasingly common.

A foreign tenant may sign the agreement based on photographs, videos or communications without personally inspecting the property.

Preserve all advertisements, photographs, videos and representations made before the agreement.

If the actual condition materially differs from what was presented, those records may become particularly relevant.

Preserve the Original Property Advertisement

Online advertisements can disappear quickly after a tenancy begins.

Save photographs, descriptions, advertised features and statements concerning renovation or condition.

If the advertisement says the property has functioning heating, no moisture problems or recently renovated facilities, that information may become relevant when compared with the actual condition.

What If the Defects Affect Only Part of the Apartment?

A defect does not necessarily have to make the entire residence unusable before legal remedies become relevant.

Article 307 refers to defects affecting the use of the rented property and provides for a proportionate reduction.

The degree of interference should therefore be assessed rather than applying an all-or-nothing approach.

Can a Foreign Tenant Pursue the Dispute After Leaving Turkey?

Potentially, yes.

Leaving Turkey does not automatically eliminate claims arising from a previous rental relationship.

The tenant should preserve evidence before departure and arrange appropriate legal representation where proceedings will continue after returning abroad.

Mandatory Mediation May Be Relevant

Rental disputes in Turkey are generally subject to mandatory mediation for many types of claims before litigation.

The exact procedural route depends on the claim being pursued, including whether the dispute concerns rent reduction, compensation, repair, termination or another remedy.

The dispute should therefore be legally classified before formal proceedings begin.

2026 Practical Legal Strategy

A foreign tenant discovering serious defects should first document the condition before it changes. Photographs, videos, technical reports, property advertisements and move-in evidence should be preserved immediately.

The landlord should then be notified in a provable manner. This is particularly important for a rent-reduction claim because Article 307 links the relevant period to the landlord’s knowledge of the defect and its eventual remedy.

The tenant should avoid choosing an arbitrary reduction percentage or simply stopping rent payments. Instead, the seriousness of the defect, duration, effect on use and available evidence should be assessed. Where appropriate, repair, proportionate rent reduction, compensation or termination may be considered.

If the landlord denies the defect, blames the tenant or refuses to make necessary repairs, Lawyer Fırat Fesih Kaya can evaluate the rental agreement, notification records, photographs, technical evidence and repair history to determine which remedies may be available and how the claim should be pursued.

Frequently Asked Questions

Can a foreign tenant request lower rent because the apartment has serious defects?

Potentially, yes. Where defects affect use of the rented property, Turkish law provides for a proportionate rent reduction under the applicable conditions.

From what date can a rent reduction be requested?

Article 307 refers to the period from when the landlord learns of the defect until the defect is remedied. This makes provable notification particularly important.

Can mold justify a rent reduction?

Potentially, depending on its seriousness, cause, duration and impact on use. The condition should be documented and reported promptly.

What if the heating system does not work?

The tenant should notify the landlord, document the malfunction and preserve repair records. The available remedies depend on the seriousness and duration of the defect.

Can I stop paying all rent until repairs are completed?

Unilaterally stopping all rent can create substantial risk. The legal basis and proportional amount of any reduction or deduction should be assessed carefully.

Can I repair the property myself and deduct the cost from rent?

Article 306 provides a remedy under specified conditions where the landlord does not remedy a defect within an appropriate period. The statutory requirements and evidence should be considered before making a unilateral deduction.

Can serious defects allow me to terminate the lease?

Potentially. Important defects and defects that eliminate or substantially impair the property’s suitability for its intended use can trigger termination issues under Articles 305 and 306.

What evidence should I collect?

Preserve photographs, videos, landlord messages, emails, repair requests, technical reports, invoices, the original advertisement and evidence showing the property’s condition when you moved in.

What if the landlord says I caused the defect?

Evidence of the property’s earlier condition becomes particularly important. Move-in photographs, early complaints and technical evidence may help determine the cause.

What should I do first after discovering a serious defect?

Document the problem immediately, preserve the original property advertisement and move-in evidence, notify the landlord in a provable manner and request appropriate repair. Before reducing or withholding rent or terminating the lease, the available legal remedy and supporting evidence should be assessed carefully.

Legal Support for Foreign Tenants Facing Defective Rental Properties

Foreign tenants may face substantial financial and practical difficulties when they discover mold, water leaks, defective heating, plumbing failures, electrical problems or other serious defects after moving into a rented property. A dispute can involve repair obligations, rent reduction, compensation, termination, security deposits and subsequent claims for unpaid rent.

Fırat Fesih Kaya Law Office assists foreign nationals with defective rental properties, landlord repair disputes, rent-reduction claims, termination issues, mandatory mediation and landlord-tenant litigation. Lawyer Fırat Fesih Kaya can examine the rental agreement, defect notifications, photographs, technical evidence and repair history to determine which remedies may be available under the circumstances.

Phone: +90 312 434 22 22

WhatsApp: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr