Who must leave a building before urban transformation in Turkey? Learn the rights of owners and tenants regarding risky building evacuation, notices, leases, deposits, rental assistance, compulsory eviction and demolition.

Can Owners and Tenants Be Required to Leave Before Urban Transformation?

Yes. Owners, tenants and other occupants can ultimately be required to leave a building when the applicable urban transformation procedure reaches the evacuation stage.

However, an owner, building manager or redevelopment contractor cannot simply use the words “urban transformation” to remove occupants whenever they wish. The legal basis and procedural stage must first be identified.

Where the property has officially been determined to be a risky building under the statutory transformation framework and that determination has become final, the process can proceed toward evacuation and demolition. The underlying legislation prioritizes reaching agreement with affected persons, but it also establishes mechanisms allowing evacuation and demolition to proceed where the statutory requirements have been satisfied.

The rights of the property owner and the tenant are not identical. The owner has underlying property, land-share and redevelopment rights. The tenant does not acquire those ownership rights merely by occupying the apartment, but the tenant’s lease, possession, deposit, belongings and potential assistance rights must still be addressed.

For foreign owners and tenants, Lawyer Fırat Fesih Kaya recommends first determining whether the demand to leave comes from a private landlord or contractor, or whether it forms part of an official statutory evacuation process. That distinction can completely change the legal analysis.

First Determine Why the Building Must Be Vacated

Not every request to leave a property before redevelopment has the same legal basis.

A landlord may tell a tenant that the apartment will undergo redevelopment. Other apartment owners may have selected a contractor. A building manager may announce that everyone should move out. Alternatively, the building may already be subject to a finalized official risky-building process.

These situations should not be treated as interchangeable.

If the demand arises from the statutory risky-building process, the official assessment, finalization and evacuation documents should be examined.

If the issue is merely a landlord asking a tenant to leave because redevelopment is being discussed, the existing lease relationship must also be considered.

Does a Risky Building Decision Automatically End a Lease Immediately?

A risky-building determination creates serious consequences for continued occupation, but owners and tenants should avoid reducing the issue to the statement that the lease “automatically disappears” the moment a technical report is issued.

The procedural stage matters.

A building may first be assessed as risky, the assessment may still be subject to the statutory objection mechanism, and only after finalization does the case progress toward evacuation and demolition.

Separately, the general lease framework imposes obligations concerning the condition and usability of leased property and gives tenants remedies where the property becomes materially defective or unusable.

Accordingly, the official transformation process and the private lease relationship should be reviewed together.

Can a Landlord Immediately Evict a Tenant by Saying the Building Will Be Demolished?

A verbal statement from the landlord should not be treated as equivalent to an official urban transformation evacuation measure.

A tenant who is told:

“The building is going into urban transformation. You must leave tomorrow.”

should ask for the documents establishing the legal and procedural status of the building.

Has it officially been determined to be risky?

Has that determination become final?

Has the evacuation stage begun?

What official notification has been issued?

When is demolition actually expected?

These questions are particularly important where a tenant is being pressured to leave months before any formal demolition procedure exists.

Owners and Tenants Have Different Legal Positions

The owner retains the property interest connected to the apartment and underlying parcel.

After demolition, the owner’s land share can become central to redevelopment decisions and the future replacement property.

The tenant does not acquire a share in the future building simply because the tenant previously rented an apartment in the demolished structure.

However, the tenant still has important interests concerning lawful occupation before evacuation, personal belongings, deposit repayment, contractual obligations and any assistance available under the transformation framework.

Understanding this distinction prevents both sides from making unrealistic demands.

What Happens When the Official Evacuation Stage Begins?

Once the relevant statutory conditions have been satisfied, continued occupation can no longer be treated simply as an ordinary landlord-tenant dispute.

The transformation legislation contains procedures for evacuation and demolition, including compulsory measures where occupants do not leave within the applicable period.

In risk and reserve areas, the current implementing regulation contains specific notification periods and provides for compulsory evacuation where the property is not vacated after the prescribed procedures. It also permits the administration to request termination of electricity, water and natural gas services if evacuation still does not occur.

This means that neither an owner nor a tenant should rely on physical occupation as a long-term strategy once an enforceable statutory evacuation process is underway.

Can a Tenant Stop Demolition by Refusing to Leave?

Generally, a tenant’s refusal to vacate does not create a right to prevent a legally progressing urban transformation process.

The tenant’s lease rights and financial claims may need to be protected, but those rights should not be confused with a veto over the statutory demolition of a risky structure.

If the building must lawfully be evacuated, remaining inside indefinitely is not an effective method of preserving the lease.

Where compulsory evacuation requirements are satisfied, the authorities have statutory mechanisms for clearing the structure.

Can an Owner Refuse to Leave Their Own Apartment?

Private ownership also does not create an unlimited right to remain inside a structure subject to a legally enforceable evacuation and demolition process.

An owner may have grounds to challenge an administrative decision, notification or technical determination. Those grounds should be pursued through the appropriate administrative or judicial mechanism.

Simply saying:

“I own this apartment, so nobody can make me leave”

does not replace those remedies.

Ownership continues to matter, but it does not necessarily guarantee continued physical occupation of a risky structure.

Can the Authorities Use Compulsory Evacuation?

Yes, where the applicable statutory conditions are satisfied.

The current implementing framework provides for compulsory evacuation when occupants do not leave after the prescribed notification and periods. It also establishes mechanisms involving the relevant administrative authorities where physical access or evacuation is obstructed.

Owners and tenants should therefore distinguish between challenging the legality of the process and physically resisting implementation.

The former may be a legitimate legal strategy. The latter can create additional risks without resolving the underlying administrative issue.

Can Electricity, Water and Natural Gas Be Disconnected?

The transformation framework permits the administration to request discontinuation of services such as electricity, water and natural gas where the conditions for compulsory evacuation have arisen and occupants have failed to leave within the applicable procedure.

This can make continued occupation practically impossible even before physical demolition begins.

Owners and tenants should therefore make relocation arrangements early once it becomes clear that a valid evacuation procedure is progressing.

What Happens to the Tenant’s Deposit?

The deposit should not simply be ignored because the building is entering redevelopment.

The landlord and tenant should document the condition in which the property is returned, the date possession is surrendered, delivery of keys, outstanding rent and utility obligations, and the status of the deposit.

Urban transformation does not automatically give the landlord a right to retain a tenant’s deposit without a valid contractual or legal basis.

Similarly, the tenant should not simply treat the deposit as the final month’s rent unless there is a lawful basis or agreement for doing so.

A written handover record can prevent substantial later disputes.

Should the Tenant Continue Paying Rent Until Moving Out?

This depends on the actual period of lawful occupation, the condition of the property and the circumstances affecting usability.

The general lease framework requires the landlord to maintain the leased property in a condition suitable for the contractual use. It also recognizes tenant remedies where defects materially interfere with use, including potential rent reduction and, in serious cases, termination rights.

Therefore, neither side should adopt an automatic position.

A tenant should not simply stop paying rent months before leaving merely because future demolition has been announced.

At the same time, questions can arise where the property becomes unusable or statutory measures prevent continued occupation.

The actual dates and circumstances matter.

What If the Property Becomes Unsafe Before the Official Move-Out Date?

Safety should take priority.

If the building has structural problems that make continued occupation dangerous, owners and tenants should not treat the maximum procedural period as an invitation to remain inside regardless of actual conditions.

The purpose of the risky-building framework is fundamentally connected to protecting life and property from structures presenting serious risk.

The existence of financial or contractual disputes with the landlord or contractor should be addressed separately.

Do Tenants Receive a New Apartment After Reconstruction?

Normally, no.

A tenant does not become an owner of the replacement building merely because the tenant previously occupied an apartment in the demolished structure.

The future apartment and land-related redevelopment rights primarily concern the property owners.

A tenant may negotiate separately with the owner concerning a future tenancy, but that is different from having a statutory ownership entitlement to a replacement apartment.

Can a Tenant Demand to Return to the New Building?

A previous lease should not automatically be assumed to guarantee a tenancy in the newly constructed building.

The legal effect of demolition on the existing lease and any agreement concerning future occupancy must be examined separately.

If the parties want the tenant to return after reconstruction, the arrangement should be documented rather than left to an informal promise.

Statements such as:

“You can come back when construction finishes”

may create substantial disagreement several years later if the terms were never clearly recorded.

Are Tenants Eligible for Rental Assistance?

The current urban transformation framework contains assistance provisions that distinguish among owners, tenants, limited real-right holders and certain other occupants.

For qualifying tenants residing in or operating a business from the relevant property, the current implementing regulation provides for a one-time payment calculated at twice the applicable monthly rental-assistance amount, subject to the statutory conditions.

This is different from the continuing rental assistance potentially available to qualifying owners.

Tenants should therefore not assume that they automatically receive the same number of monthly payments as the property owner.

What Rental Assistance Can Owners Receive?

For qualifying owners who leave by agreement, the current implementing regulation provides that rental assistance may be paid.

For risky buildings outside designated risk areas, the regulation states that the assistance period for qualifying owners is 18 months. For risk and reserve areas, the period is determined by the relevant institution subject to the regulatory maximum.

Eligibility, amount and procedural requirements should be checked for the individual property rather than assuming that every owner automatically receives assistance.

Is There a Deadline for Rental-Assistance Applications?

Yes.

Under the current implementing regulation, rental-assistance applications are generally made within one year from the date of evacuation or the date on which the risky building is demolished, depending on the applicable circumstances.

This deadline can be particularly important for foreign owners who return abroad after vacating the property.

The assistance application should therefore be considered as part of the move-out plan rather than months later when documents may be difficult to obtain.

What About Tenants Operating a Business?

Commercial tenants face additional risks.

A shop, restaurant, office or other business may lose not only physical premises but also customer location, signage, access and business continuity.

The implementing regulation includes assistance provisions for qualifying persons operating businesses in affected structures.

However, public assistance should not automatically be assumed to compensate for every commercial loss.

The commercial lease, deposit, fixtures, improvements, relocation costs and contractual rights should be reviewed independently.

What Happens to Tenant Improvements?

Tenants sometimes spend substantial amounts on kitchens, built-in furniture, shop decoration, lighting, office installations or commercial equipment.

Before leaving, the lease should be reviewed to determine how improvements and removable fixtures are treated.

The general lease framework also regulates alterations made by tenants with the landlord’s written consent and the consequences of such changes.

The tenant should document valuable installations before removal or handover.

Owners Should Not Use Urban Transformation to Create Artificial Pressure

A genuine risky-building and demolition process is one thing.

Using vague future redevelopment plans to pressure a tenant into immediately surrendering a valuable lease is another.

The owner should be able to identify the actual legal stage of the transformation.

Tenants should request supporting documents where the demand to leave is based on urban transformation.

This is especially important for commercial tenants whose premises may have substantial location value.

Tenants Should Not Ignore a Genuine Statutory Evacuation

The opposite mistake can be equally serious.

A tenant should not assume that an ordinary fixed-term lease allows occupation to continue after a lawful statutory evacuation process has reached the compulsory stage.

The general lease relationship cannot be viewed in isolation from a legally enforceable building-safety and demolition process.

If official evacuation is progressing, the tenant should protect financial and contractual rights while arranging a safe and documented move.

What Should Owners Do Before Tenants Leave?

Owners should communicate in writing.

Provide relevant official documentation where appropriate.

Agree on a practical handover date consistent with the statutory timetable.

Record the condition of the apartment.

Read utility meters.

Document key delivery.

Resolve the deposit.

Identify outstanding rent or expenses.

Avoid vague verbal arrangements concerning temporary accommodation or return to the new building.

A properly documented handover protects both sides.

What Should Tenants Do Before Leaving?

Tenants should retain copies of the lease, payment records and deposit documentation.

Photograph the property before handover.

Remove personal belongings.

Document any tenant-owned fixtures or improvements.

Record meter readings.

Obtain written confirmation that the keys were returned.

Keep copies of official transformation or evacuation documents.

If applying for assistance, preserve the documents required to prove occupancy and eligibility.

What Should Foreign Tenants Do?

Foreign tenants should pay particular attention to documentation.

A move caused by urban transformation can affect practical matters beyond the lease, including registered address information and correspondence.

Keep proof showing when the previous tenancy ended and when the new residence began.

Do not surrender passports, residence documents or other original identity documents to a landlord or contractor merely because relocation is required.

Where representation is needed, clearly define what the representative is authorized to do.

What Should Foreign Property Owners Do?

Foreign owners living abroad should not leave tenant evacuation entirely to a contractor, building manager or neighbor.

Determine the official procedural stage.

Review the existing lease.

Communicate with the tenant in writing.

Ensure that possession is formally returned.

Document the apartment before demolition.

Address the deposit and outstanding obligations.

Then separately protect the owner’s land share and redevelopment rights.

A properly managed tenant move-out can prevent a second dispute from developing alongside the urban transformation case.

Does Tenant Eviction Give the Contractor Possession Automatically?

Not necessarily.

A tenant returning possession to the landlord and the landlord delivering an empty building to a redevelopment contractor are separate acts that should be documented appropriately.

Owners should understand precisely when possession is being transferred to the contractor and for what purpose.

This becomes particularly important where the redevelopment agreement contains obligations or deadlines calculated from delivery of the property.

Can an Owner Be Forced to Hand Over the Apartment to a Contractor?

The legal basis should be examined carefully.

An official statutory evacuation requirement is not identical to a private contractor’s demand for possession.

If a contractor requests keys, the owner should determine whether delivery is required under an executed redevelopment agreement, whether the statutory demolition process has reached the relevant stage, and what legal consequences the handover document creates.

Do not sign a document describing the property as unconditionally delivered without understanding its contractual consequences.

Does Leaving the Apartment Mean the Owner Accepts the Redevelopment Agreement?

No.

Evacuating a risky structure should not automatically be equated with accepting every proposed redevelopment term.

An owner may need to leave because continued occupation is no longer legally permitted while still having disputes concerning contractor selection, replacement-unit allocation, owner contributions or other redevelopment issues.

These matters should be preserved separately.

Owners Should Protect the Land Share Before Evacuation

Before the existing apartment disappears physically, obtain an updated title record.

Confirm the registered land share.

Identify mortgages, attachments, usufruct rights and other restrictions.

After demolition, the land share can become one of the most important components of the owner’s legal and economic position.

The owner should also obtain copies of all redevelopment decisions and proposed agreements.

Document the Apartment Before Handing Over Possession

Both owners and tenants benefit from documenting the property before evacuation.

Photograph every room.

Record the floor, orientation, balconies, view, storage and parking.

For commercial units, document frontage, visibility and customer access.

Owners should preserve evidence of the characteristics relevant to the future replacement unit.

Tenants should preserve evidence concerning the condition in which the premises were returned.

The same photographs can therefore serve different legal purposes for each party.

Can Owners and Tenants Be Physically Removed at the Same Time?

Once compulsory statutory evacuation is lawfully implemented, the purpose is to clear the structure of occupants so that the relevant transformation and demolition procedures can proceed.

The distinction between owner and tenant does not mean that a tenant may remain inside after the owner has been required to leave, or vice versa.

However, their financial and property rights after leaving remain different.

The owner continues to have underlying property and redevelopment interests. The tenant’s position is primarily connected to the lease, deposit, possessions and any applicable assistance.

What If the Owner and Tenant Disagree About the Move-Out Date?

First identify the official statutory deadline.

If there is no official evacuation process yet, the dispute may remain primarily contractual.

If a statutory evacuation procedure is already underway, both parties should coordinate the private handover within that legal timetable.

Neither side should manipulate the situation.

The owner should not invent a false government deadline to accelerate eviction.

The tenant should not ignore a genuine compulsory evacuation process merely because the private lease has not reached its ordinary contractual end date.

What If the Tenant Refuses to Return the Keys?

The landlord should avoid self-help measures that are not legally justified.

The official urban transformation process and the private landlord-tenant relationship should be handled through the appropriate legal procedures.

If statutory compulsory evacuation has become applicable, the administration has its own enforcement mechanisms.

The landlord should not assume that the urban transformation framework gives unlimited personal authority to enter the tenant’s premises, remove belongings or change locks.

What If the Landlord Refuses to Return the Deposit?

The tenant should preserve evidence of the deposit, rent payments, handover condition and key return.

A demolition or redevelopment project does not automatically extinguish ordinary financial claims arising from the lease.

If the landlord alleges damage or unpaid obligations, those claims should be identified and supported rather than simply using urban transformation as a reason to retain the entire deposit.

Written handover documentation is particularly valuable in this situation.

What If the Tenant Leaves Early Because the Building Is Unsafe?

The circumstances should be documented.

The general lease framework recognizes tenant remedies where defects substantially interfere with the agreed use of the property, including termination rights in cases of serious defects.

Whether those provisions apply in a particular urban transformation situation depends on the actual condition of the property and procedural stage.

A tenant should therefore preserve technical notices and communications showing why early departure became necessary.

2026 Practical Legal Strategy

The first priority is identify the legal basis for the requested move-out. Determine whether there is an official risky-building and evacuation process or merely a private redevelopment proposal.

The second priority is separate owner and tenant rights. Owners have title, land-share and redevelopment rights. Tenants primarily need to protect their lease, deposit, possessions, financial claims and any applicable assistance.

The third priority is verify official notices and deadlines. Do not rely solely on statements from a landlord, contractor or building manager.

The fourth priority is do not use physical occupation as a legal strategy once compulsory statutory evacuation has become enforceable. The current framework permits administrative enforcement, including utility-related measures and compulsory evacuation where the legal conditions are satisfied.

The fifth priority is document the handover. Record the property’s condition, meter readings, key delivery, deposit and outstanding obligations.

The sixth priority is check assistance rights promptly. The current regulation provides different assistance structures for qualifying owners and tenants, and applications are generally subject to a one-year period following evacuation or demolition.

The seventh priority is protect the owner’s title position before demolition. Verify the land share and registered restrictions.

The eighth priority is protect the tenant’s evidence before leaving. Keep the lease, payment records, deposit proof and official evacuation documentation.

The ninth priority is separate evacuation from the redevelopment contract. An owner may have to leave without accepting an unfavorable contractor agreement.

The tenth priority is address foreign-owner or foreign-tenant issues early where either party is outside the country or cannot personally manage the move-out and administrative procedures.

The central principle is:

Urban transformation can ultimately require both owners and tenants to leave a building, but their rights do not disappear at the door. Owners must protect their underlying property and redevelopment position, while tenants must protect their lease-related financial rights, deposit, belongings and any applicable assistance. The official statutory evacuation process should also be distinguished from a private landlord or contractor simply asking an occupant to leave.

Frequently Asked Questions

1. Can a tenant be required to leave because of urban transformation?

Yes, where a legally enforceable urban transformation evacuation and demolition process requires the building to be vacated. However, a landlord’s verbal statement that redevelopment is planned should not automatically be treated as an official compulsory evacuation order.

2. Can an apartment owner also be forced to leave?

Yes. Private ownership does not provide an unlimited right to occupy a building once the statutory requirements for compulsory evacuation have been satisfied.

3. Does a risky building report immediately terminate the lease?

The procedural stage and circumstances must be examined. The risky-building process and the private lease relationship are legally related but should not be treated as identical.

4. Can a tenant refuse to leave because the lease has not expired?

A lease should not automatically be assumed to override a legally enforceable statutory evacuation and demolition process. The tenant’s financial and contractual rights should instead be protected separately.

5. Can utilities be disconnected?

Yes. The current transformation framework permits requests for discontinuation of electricity, water and natural gas services where the applicable compulsory evacuation requirements have arisen.

6. Does a tenant receive the same rental assistance as an owner?

No. The current implementing regulation distinguishes owners from tenants. Qualifying tenants residing in or operating a business from the affected property may receive a one-time payment calculated according to the regulatory rental-assistance amount, while qualifying owners may receive assistance under a different structure.

7. What happens to the tenant’s deposit?

Urban transformation does not automatically allow the landlord to keep the deposit. The parties should document the condition of the property, outstanding obligations and return of possession.

8. Does a tenant automatically receive an apartment in the new building?

No. A tenant does not become an owner of a replacement apartment merely because the tenant occupied the old building.

9. Does leaving mean the owner accepts the contractor agreement?

No. Statutory evacuation and acceptance of a private redevelopment agreement are separate issues.

10. What should owners and tenants do before leaving?

They should verify the official procedural status, preserve all relevant documents, photograph the property, document key delivery and possession, resolve deposit and payment issues, investigate assistance rights and keep written evidence of the move-out date.

Protecting Owner and Tenant Rights Before Urban Transformation

Evacuation before urban transformation creates two different sets of legal concerns. Owners must protect the value that survives after the old building is demolished, particularly the title, land share, redevelopment decision and replacement property. Tenants must protect their contractual and financial position, including the deposit, belongings, documented move-out and any applicable assistance.

Foreign owners and tenants face additional practical risks when they are outside the country, receive information late or rely on informal explanations from landlords, contractors or building managers.

Fırat Fesih Kaya Law Office provides legal assistance to foreign property owners and tenants affected by risky building evacuation and urban transformation proceedings.

Lawyer Fırat Fesih Kaya assists with reviewing risky building and evacuation documents, assessing owner and tenant rights, examining lease and deposit disputes, evaluating compulsory evacuation procedures and judicial remedies, protecting title and land-share rights, reviewing redevelopment agreements and addressing rental-assistance and replacement-property issues.

Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr

Tags: Urban Transformation Eviction, Tenant Rights Urban Transformation, Owner Rights Urban Transformation, Risky Building Evacuation, Foreign Tenant Rights, Foreign Property Owner Rights, Rental Assistance, Compulsory Evacuation, Urban Transformation 2026, Property Eviction

Consolidate repeated evacuation sectionsAdd a clear owner-versus-tenant action table

Eviction Before Urban Transformation in Turkey: Rights of Owners and Tenants (2026 Updated Guide)

Meta Title: Eviction Before Urban Transformation in Turkey: Owner and Tenant Rights 2026

Meta Description: Who must leave a building before urban transformation in Turkey? Learn the rights of owners and tenants regarding risky building evacuation, notices, leases, deposits, rental assistance, compulsory eviction and demolition.

Can Owners and Tenants Be Required to Leave Before Urban Transformation?

Yes. Owners, tenants and other occupants can ultimately be required to leave a building when the applicable urban transformation procedure reaches the evacuation stage.

However, an owner, building manager or redevelopment contractor cannot simply use the words “urban transformation” to remove occupants whenever they wish. The legal basis and procedural stage must first be identified.

Where the property has officially been determined to be a risky building under the statutory transformation framework and that determination has become final, the process can proceed toward evacuation and demolition. The underlying legislation prioritizes reaching agreement with affected persons, but it also establishes mechanisms allowing evacuation and demolition to proceed where the statutory requirements have been satisfied.

The rights of the property owner and the tenant are not identical. The owner has underlying property, land-share and redevelopment rights. The tenant does not acquire those ownership rights merely by occupying the apartment, but the tenant’s lease, possession, deposit, belongings and potential assistance rights must still be addressed.

For foreign owners and tenants, Lawyer Fırat Fesih Kaya recommends first determining whether the demand to leave comes from a private landlord or contractor, or whether it forms part of an official statutory evacuation process. That distinction can completely change the legal analysis.

First Determine Why the Building Must Be Vacated

Not every request to leave a property before redevelopment has the same legal basis.

A landlord may tell a tenant that the apartment will undergo redevelopment. Other apartment owners may have selected a contractor. A building manager may announce that everyone should move out. Alternatively, the building may already be subject to a finalized official risky-building process.

These situations should not be treated as interchangeable.

If the demand arises from the statutory risky-building process, the official assessment, finalization and evacuation documents should be examined.

If the issue is merely a landlord asking a tenant to leave because redevelopment is being discussed, the existing lease relationship must also be considered.

Does a Risky Building Decision Automatically End a Lease Immediately?

A risky-building determination creates serious consequences for continued occupation, but owners and tenants should avoid reducing the issue to the statement that the lease “automatically disappears” the moment a technical report is issued.

The procedural stage matters.

A building may first be assessed as risky, the assessment may still be subject to the statutory objection mechanism, and only after finalization does the case progress toward evacuation and demolition.

Separately, the general lease framework imposes obligations concerning the condition and usability of leased property and gives tenants remedies where the property becomes materially defective or unusable.

Accordingly, the official transformation process and the private lease relationship should be reviewed together.

Can a Landlord Immediately Evict a Tenant by Saying the Building Will Be Demolished?

A verbal statement from the landlord should not be treated as equivalent to an official urban transformation evacuation measure.

A tenant who is told:

“The building is going into urban transformation. You must leave tomorrow.”

should ask for the documents establishing the legal and procedural status of the building.

Has it officially been determined to be risky?

Has that determination become final?

Has the evacuation stage begun?

What official notification has been issued?

When is demolition actually expected?

These questions are particularly important where a tenant is being pressured to leave months before any formal demolition procedure exists.

Owners and Tenants Have Different Legal Positions

The owner retains the property interest connected to the apartment and underlying parcel.

After demolition, the owner’s land share can become central to redevelopment decisions and the future replacement property.

The tenant does not acquire a share in the future building simply because the tenant previously rented an apartment in the demolished structure.

However, the tenant still has important interests concerning lawful occupation before evacuation, personal belongings, deposit repayment, contractual obligations and any assistance available under the transformation framework.

Understanding this distinction prevents both sides from making unrealistic demands.

What Happens When the Official Evacuation Stage Begins?

Once the relevant statutory conditions have been satisfied, continued occupation can no longer be treated simply as an ordinary landlord-tenant dispute.

The transformation legislation contains procedures for evacuation and demolition, including compulsory measures where occupants do not leave within the applicable period.

In risk and reserve areas, the current implementing regulation contains specific notification periods and provides for compulsory evacuation where the property is not vacated after the prescribed procedures. It also permits the administration to request termination of electricity, water and natural gas services if evacuation still does not occur.

This means that neither an owner nor a tenant should rely on physical occupation as a long-term strategy once an enforceable statutory evacuation process is underway.

Can a Tenant Stop Demolition by Refusing to Leave?

Generally, a tenant’s refusal to vacate does not create a right to prevent a legally progressing urban transformation process.

The tenant’s lease rights and financial claims may need to be protected, but those rights should not be confused with a veto over the statutory demolition of a risky structure.

If the building must lawfully be evacuated, remaining inside indefinitely is not an effective method of preserving the lease.

Where compulsory evacuation requirements are satisfied, the authorities have statutory mechanisms for clearing the structure.

Can an Owner Refuse to Leave Their Own Apartment?

Private ownership also does not create an unlimited right to remain inside a structure subject to a legally enforceable evacuation and demolition process.

An owner may have grounds to challenge an administrative decision, notification or technical determination. Those grounds should be pursued through the appropriate administrative or judicial mechanism.

Simply saying:

“I own this apartment, so nobody can make me leave”

does not replace those remedies.

Ownership continues to matter, but it does not necessarily guarantee continued physical occupation of a risky structure.

Can the Authorities Use Compulsory Evacuation?

Yes, where the applicable statutory conditions are satisfied.

The current implementing framework provides for compulsory evacuation when occupants do not leave after the prescribed notification and periods. It also establishes mechanisms involving the relevant administrative authorities where physical access or evacuation is obstructed.

Owners and tenants should therefore distinguish between challenging the legality of the process and physically resisting implementation.

The former may be a legitimate legal strategy. The latter can create additional risks without resolving the underlying administrative issue.

Can Electricity, Water and Natural Gas Be Disconnected?

The transformation framework permits the administration to request discontinuation of services such as electricity, water and natural gas where the conditions for compulsory evacuation have arisen and occupants have failed to leave within the applicable procedure.

This can make continued occupation practically impossible even before physical demolition begins.

Owners and tenants should therefore make relocation arrangements early once it becomes clear that a valid evacuation procedure is progressing.

What Happens to the Tenant’s Deposit?

The deposit should not simply be ignored because the building is entering redevelopment.

The landlord and tenant should document the condition in which the property is returned, the date possession is surrendered, delivery of keys, outstanding rent and utility obligations, and the status of the deposit.

Urban transformation does not automatically give the landlord a right to retain a tenant’s deposit without a valid contractual or legal basis.

Similarly, the tenant should not simply treat the deposit as the final month’s rent unless there is a lawful basis or agreement for doing so.

A written handover record can prevent substantial later disputes.

Should the Tenant Continue Paying Rent Until Moving Out?

This depends on the actual period of lawful occupation, the condition of the property and the circumstances affecting usability.

The general lease framework requires the landlord to maintain the leased property in a condition suitable for the contractual use. It also recognizes tenant remedies where defects materially interfere with use, including potential rent reduction and, in serious cases, termination rights.

Therefore, neither side should adopt an automatic position.

A tenant should not simply stop paying rent months before leaving merely because future demolition has been announced.

At the same time, questions can arise where the property becomes unusable or statutory measures prevent continued occupation.

The actual dates and circumstances matter.

What If the Property Becomes Unsafe Before the Official Move-Out Date?

Safety should take priority.

If the building has structural problems that make continued occupation dangerous, owners and tenants should not treat the maximum procedural period as an invitation to remain inside regardless of actual conditions.

The purpose of the risky-building framework is fundamentally connected to protecting life and property from structures presenting serious risk.

The existence of financial or contractual disputes with the landlord or contractor should be addressed separately.

Do Tenants Receive a New Apartment After Reconstruction?

Normally, no.

A tenant does not become an owner of the replacement building merely because the tenant previously occupied an apartment in the demolished structure.

The future apartment and land-related redevelopment rights primarily concern the property owners.

A tenant may negotiate separately with the owner concerning a future tenancy, but that is different from having a statutory ownership entitlement to a replacement apartment.

Can a Tenant Demand to Return to the New Building?

A previous lease should not automatically be assumed to guarantee a tenancy in the newly constructed building.

The legal effect of demolition on the existing lease and any agreement concerning future occupancy must be examined separately.

If the parties want the tenant to return after reconstruction, the arrangement should be documented rather than left to an informal promise.

Statements such as:

“You can come back when construction finishes”

may create substantial disagreement several years later if the terms were never clearly recorded.

Are Tenants Eligible for Rental Assistance?

The current urban transformation framework contains assistance provisions that distinguish among owners, tenants, limited real-right holders and certain other occupants.

For qualifying tenants residing in or operating a business from the relevant property, the current implementing regulation provides for a one-time payment calculated at twice the applicable monthly rental-assistance amount, subject to the statutory conditions.

This is different from the continuing rental assistance potentially available to qualifying owners.

Tenants should therefore not assume that they automatically receive the same number of monthly payments as the property owner.

What Rental Assistance Can Owners Receive?

For qualifying owners who leave by agreement, the current implementing regulation provides that rental assistance may be paid.

For risky buildings outside designated risk areas, the regulation states that the assistance period for qualifying owners is 18 months. For risk and reserve areas, the period is determined by the relevant institution subject to the regulatory maximum.

Eligibility, amount and procedural requirements should be checked for the individual property rather than assuming that every owner automatically receives assistance.

Is There a Deadline for Rental-Assistance Applications?

Yes.

Under the current implementing regulation, rental-assistance applications are generally made within one year from the date of evacuation or the date on which the risky building is demolished, depending on the applicable circumstances.

This deadline can be particularly important for foreign owners who return abroad after vacating the property.

The assistance application should therefore be considered as part of the move-out plan rather than months later when documents may be difficult to obtain.

What About Tenants Operating a Business?

Commercial tenants face additional risks.

A shop, restaurant, office or other business may lose not only physical premises but also customer location, signage, access and business continuity.

The implementing regulation includes assistance provisions for qualifying persons operating businesses in affected structures.

However, public assistance should not automatically be assumed to compensate for every commercial loss.

The commercial lease, deposit, fixtures, improvements, relocation costs and contractual rights should be reviewed independently.

What Happens to Tenant Improvements?

Tenants sometimes spend substantial amounts on kitchens, built-in furniture, shop decoration, lighting, office installations or commercial equipment.

Before leaving, the lease should be reviewed to determine how improvements and removable fixtures are treated.

The general lease framework also regulates alterations made by tenants with the landlord’s written consent and the consequences of such changes.

The tenant should document valuable installations before removal or handover.

Owners Should Not Use Urban Transformation to Create Artificial Pressure

A genuine risky-building and demolition process is one thing.

Using vague future redevelopment plans to pressure a tenant into immediately surrendering a valuable lease is another.

The owner should be able to identify the actual legal stage of the transformation.

Tenants should request supporting documents where the demand to leave is based on urban transformation.

This is especially important for commercial tenants whose premises may have substantial location value.

Tenants Should Not Ignore a Genuine Statutory Evacuation

The opposite mistake can be equally serious.

A tenant should not assume that an ordinary fixed-term lease allows occupation to continue after a lawful statutory evacuation process has reached the compulsory stage.

The general lease relationship cannot be viewed in isolation from a legally enforceable building-safety and demolition process.

If official evacuation is progressing, the tenant should protect financial and contractual rights while arranging a safe and documented move.

What Should Owners Do Before Tenants Leave?

Owners should communicate in writing.

Provide relevant official documentation where appropriate.

Agree on a practical handover date consistent with the statutory timetable.

Record the condition of the apartment.

Read utility meters.

Document key delivery.

Resolve the deposit.

Identify outstanding rent or expenses.

Avoid vague verbal arrangements concerning temporary accommodation or return to the new building.

A properly documented handover protects both sides.

What Should Tenants Do Before Leaving?

Tenants should retain copies of the lease, payment records and deposit documentation.

Photograph the property before handover.

Remove personal belongings.

Document any tenant-owned fixtures or improvements.

Record meter readings.

Obtain written confirmation that the keys were returned.

Keep copies of official transformation or evacuation documents.

If applying for assistance, preserve the documents required to prove occupancy and eligibility.

What Should Foreign Tenants Do?

Foreign tenants should pay particular attention to documentation.

A move caused by urban transformation can affect practical matters beyond the lease, including registered address information and correspondence.

Keep proof showing when the previous tenancy ended and when the new residence began.

Do not surrender passports, residence documents or other original identity documents to a landlord or contractor merely because relocation is required.

Where representation is needed, clearly define what the representative is authorized to do.

What Should Foreign Property Owners Do?

Foreign owners living abroad should not leave tenant evacuation entirely to a contractor, building manager or neighbor.

Determine the official procedural stage.

Review the existing lease.

Communicate with the tenant in writing.

Ensure that possession is formally returned.

Document the apartment before demolition.

Address the deposit and outstanding obligations.

Then separately protect the owner’s land share and redevelopment rights.

A properly managed tenant move-out can prevent a second dispute from developing alongside the urban transformation case.

Does Tenant Eviction Give the Contractor Possession Automatically?

Not necessarily.

A tenant returning possession to the landlord and the landlord delivering an empty building to a redevelopment contractor are separate acts that should be documented appropriately.

Owners should understand precisely when possession is being transferred to the contractor and for what purpose.

This becomes particularly important where the redevelopment agreement contains obligations or deadlines calculated from delivery of the property.

Can an Owner Be Forced to Hand Over the Apartment to a Contractor?

The legal basis should be examined carefully.

An official statutory evacuation requirement is not identical to a private contractor’s demand for possession.

If a contractor requests keys, the owner should determine whether delivery is required under an executed redevelopment agreement, whether the statutory demolition process has reached the relevant stage, and what legal consequences the handover document creates.

Do not sign a document describing the property as unconditionally delivered without understanding its contractual consequences.

Does Leaving the Apartment Mean the Owner Accepts the Redevelopment Agreement?

No.

Evacuating a risky structure should not automatically be equated with accepting every proposed redevelopment term.

An owner may need to leave because continued occupation is no longer legally permitted while still having disputes concerning contractor selection, replacement-unit allocation, owner contributions or other redevelopment issues.

These matters should be preserved separately.

Owners Should Protect the Land Share Before Evacuation

Before the existing apartment disappears physically, obtain an updated title record.

Confirm the registered land share.

Identify mortgages, attachments, usufruct rights and other restrictions.

After demolition, the land share can become one of the most important components of the owner’s legal and economic position.

The owner should also obtain copies of all redevelopment decisions and proposed agreements.

Document the Apartment Before Handing Over Possession

Both owners and tenants benefit from documenting the property before evacuation.

Photograph every room.

Record the floor, orientation, balconies, view, storage and parking.

For commercial units, document frontage, visibility and customer access.

Owners should preserve evidence of the characteristics relevant to the future replacement unit.

Tenants should preserve evidence concerning the condition in which the premises were returned.

The same photographs can therefore serve different legal purposes for each party.

Can Owners and Tenants Be Physically Removed at the Same Time?

Once compulsory statutory evacuation is lawfully implemented, the purpose is to clear the structure of occupants so that the relevant transformation and demolition procedures can proceed.

The distinction between owner and tenant does not mean that a tenant may remain inside after the owner has been required to leave, or vice versa.

However, their financial and property rights after leaving remain different.

The owner continues to have underlying property and redevelopment interests. The tenant’s position is primarily connected to the lease, deposit, possessions and any applicable assistance.

What If the Owner and Tenant Disagree About the Move-Out Date?

First identify the official statutory deadline.

If there is no official evacuation process yet, the dispute may remain primarily contractual.

If a statutory evacuation procedure is already underway, both parties should coordinate the private handover within that legal timetable.

Neither side should manipulate the situation.

The owner should not invent a false government deadline to accelerate eviction.

The tenant should not ignore a genuine compulsory evacuation process merely because the private lease has not reached its ordinary contractual end date.

What If the Tenant Refuses to Return the Keys?

The landlord should avoid self-help measures that are not legally justified.

The official urban transformation process and the private landlord-tenant relationship should be handled through the appropriate legal procedures.

If statutory compulsory evacuation has become applicable, the administration has its own enforcement mechanisms.

The landlord should not assume that the urban transformation framework gives unlimited personal authority to enter the tenant’s premises, remove belongings or change locks.

What If the Landlord Refuses to Return the Deposit?

The tenant should preserve evidence of the deposit, rent payments, handover condition and key return.

A demolition or redevelopment project does not automatically extinguish ordinary financial claims arising from the lease.

If the landlord alleges damage or unpaid obligations, those claims should be identified and supported rather than simply using urban transformation as a reason to retain the entire deposit.

Written handover documentation is particularly valuable in this situation.

What If the Tenant Leaves Early Because the Building Is Unsafe?

The circumstances should be documented.

The general lease framework recognizes tenant remedies where defects substantially interfere with the agreed use of the property, including termination rights in cases of serious defects.

Whether those provisions apply in a particular urban transformation situation depends on the actual condition of the property and procedural stage.

A tenant should therefore preserve technical notices and communications showing why early departure became necessary.

2026 Practical Legal Strategy

The first priority is identify the legal basis for the requested move-out. Determine whether there is an official risky-building and evacuation process or merely a private redevelopment proposal.

The second priority is separate owner and tenant rights. Owners have title, land-share and redevelopment rights. Tenants primarily need to protect their lease, deposit, possessions, financial claims and any applicable assistance.

The third priority is verify official notices and deadlines. Do not rely solely on statements from a landlord, contractor or building manager.

The fourth priority is do not use physical occupation as a legal strategy once compulsory statutory evacuation has become enforceable. The current framework permits administrative enforcement, including utility-related measures and compulsory evacuation where the legal conditions are satisfied.

The fifth priority is document the handover. Record the property’s condition, meter readings, key delivery, deposit and outstanding obligations.

The sixth priority is check assistance rights promptly. The current regulation provides different assistance structures for qualifying owners and tenants, and applications are generally subject to a one-year period following evacuation or demolition.

The seventh priority is protect the owner’s title position before demolition. Verify the land share and registered restrictions.

The eighth priority is protect the tenant’s evidence before leaving. Keep the lease, payment records, deposit proof and official evacuation documentation.

The ninth priority is separate evacuation from the redevelopment contract. An owner may have to leave without accepting an unfavorable contractor agreement.

The tenth priority is address foreign-owner or foreign-tenant issues early where either party is outside the country or cannot personally manage the move-out and administrative procedures.

The central principle is:

Urban transformation can ultimately require both owners and tenants to leave a building, but their rights do not disappear at the door. Owners must protect their underlying property and redevelopment position, while tenants must protect their lease-related financial rights, deposit, belongings and any applicable assistance. The official statutory evacuation process should also be distinguished from a private landlord or contractor simply asking an occupant to leave.

Frequently Asked Questions

1. Can a tenant be required to leave because of urban transformation?

Yes, where a legally enforceable urban transformation evacuation and demolition process requires the building to be vacated. However, a landlord’s verbal statement that redevelopment is planned should not automatically be treated as an official compulsory evacuation order.

2. Can an apartment owner also be forced to leave?

Yes. Private ownership does not provide an unlimited right to occupy a building once the statutory requirements for compulsory evacuation have been satisfied.

3. Does a risky building report immediately terminate the lease?

The procedural stage and circumstances must be examined. The risky-building process and the private lease relationship are legally related but should not be treated as identical.

4. Can a tenant refuse to leave because the lease has not expired?

A lease should not automatically be assumed to override a legally enforceable statutory evacuation and demolition process. The tenant’s financial and contractual rights should instead be protected separately.

5. Can utilities be disconnected?

Yes. The current transformation framework permits requests for discontinuation of electricity, water and natural gas services where the applicable compulsory evacuation requirements have arisen.

6. Does a tenant receive the same rental assistance as an owner?

No. The current implementing regulation distinguishes owners from tenants. Qualifying tenants residing in or operating a business from the affected property may receive a one-time payment calculated according to the regulatory rental-assistance amount, while qualifying owners may receive assistance under a different structure.

7. What happens to the tenant’s deposit?

Urban transformation does not automatically allow the landlord to keep the deposit. The parties should document the condition of the property, outstanding obligations and return of possession.

8. Does a tenant automatically receive an apartment in the new building?

No. A tenant does not become an owner of a replacement apartment merely because the tenant occupied the old building.

9. Does leaving mean the owner accepts the contractor agreement?

No. Statutory evacuation and acceptance of a private redevelopment agreement are separate issues.

10. What should owners and tenants do before leaving?

They should verify the official procedural status, preserve all relevant documents, photograph the property, document key delivery and possession, resolve deposit and payment issues, investigate assistance rights and keep written evidence of the move-out date.

Protecting Owner and Tenant Rights Before Urban Transformation

Evacuation before urban transformation creates two different sets of legal concerns. Owners must protect the value that survives after the old building is demolished, particularly the title, land share, redevelopment decision and replacement property. Tenants must protect their contractual and financial position, including the deposit, belongings, documented move-out and any applicable assistance.

Foreign owners and tenants face additional practical risks when they are outside the country, receive information late or rely on informal explanations from landlords, contractors or building managers.

Fırat Fesih Kaya Law Office provides legal assistance to foreign property owners and tenants affected by risky building evacuation and urban transformation proceedings.

Lawyer Fırat Fesih Kaya assists with reviewing risky building and evacuation documents, assessing owner and tenant rights, examining lease and deposit disputes, evaluating compulsory evacuation procedures and judicial remedies, protecting title and land-share rights, reviewing redevelopment agreements and addressing rental-assistance and replacement-property issues.

Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr