Foreign Investor Buys Land With an Existing Lease in Turkey: Can the Tenant Be Removed? (2026 Updated Guide)

A foreign investor buys land in Turkey but discovers an existing tenant. Learn whether the lease continues after the sale, when the new owner can seek eviction, how genuine need, lease violations and termination rules affect the tenant, and what should be checked before purchasing leased property.

A foreign investor may purchase land, a house, commercial premises or another property in Turkey expecting to take possession immediately after the title transfer. The investor may intend to develop the land, operate a business, occupy the property personally or simply acquire vacant real estate. After completing the purchase, however, the investor may discover that the previous owner had already leased the property to a tenant.

The first reaction is often: “I am the new owner. Can I simply terminate the old lease and require the tenant to leave?”

Usually, ownership transfer alone does not automatically terminate an existing lease. Article 310 of the Turkish Code of Obligations provides that when leased property changes ownership after the lease has been concluded, the new owner becomes a party to the existing lease. In other words, the purchaser generally acquires not only the property but also the landlord’s position under the lease.

This makes lease due diligence extremely important for foreign investors. A property that appears attractive as vacant investment land can have a very different value if a tenant has the legal right to continue occupying it.

However, the new owner may have several possible routes to termination depending on the type of property, the terms of the lease, the investor’s genuine need, the tenant’s conduct and the statutory requirements. For residential and roofed commercial leases, Article 351 also creates a specific termination mechanism where the new owner genuinely needs the property for themselves or specified family members.

Does the Lease Automatically End When the Property Is Sold?

No.

This is one of the most important rules a foreign investor should understand before purchasing leased real estate.

Under Article 310, when leased property changes ownership after the lease has been established, the new owner becomes a party to the lease. The transfer therefore does not ordinarily allow the purchaser simply to disregard the tenant’s contractual position.

The investor should consequently investigate the tenancy before determining the property’s investment value.

The Buyer Becomes the New Landlord

Once ownership changes, the purchaser generally steps into the landlord’s legal position under the existing lease.

This means the investor should obtain and examine the lease agreement rather than treating it as a private arrangement that concerns only the previous owner.

The buyer needs to know:

when the lease began,

whether it is fixed or indefinite,

what property is actually leased,

the current rent,

how rent has been paid,

whether there are additional agreements,

whether any security deposit exists, and

whether any termination or eviction documents have been signed.

Never Purchase Occupied Property Without Asking for the Lease

A seller may tell the foreign investor:

“The tenant will leave immediately.”

“The contract has already expired.”

“The tenant is only staying temporarily.”

“The lease does not concern you.”

These statements should not be accepted without documentary verification.

The investor should obtain the actual lease and investigate the tenant’s legal position before completing the acquisition.

What If the Lease Was Signed Before the Sale?

That is the classic situation covered by Article 310.

The subsequent transfer of ownership generally places the new owner in the position of the landlord under the existing lease.

The foreign investor should therefore calculate the acquisition on the assumption that the tenant may remain unless a lawful termination ground exists.

Can the New Owner Evict the Tenant Simply Because They Bought the Property?

Not merely because ownership changed.

A new title deed is not, by itself, an automatic eviction order.

For residential and roofed commercial leases in particular, termination is governed by statutory rules designed to protect the tenant from arbitrary removal. Legal scholarship published by the Ministry of Justice likewise emphasizes the mandatory nature of Article 310 and the statutory limitations on termination grounds.

The investor must identify an appropriate legal ground and follow the relevant procedure.

New Owner’s Genuine Need Can Create a Specific Eviction Route

Article 351 provides an important exception for a person who subsequently acquires residential or roofed commercial premises.

If the new owner has a genuine need to use the property for themselves, their spouse, descendants, ascendants or another person whom they are legally required to support, the new owner may seek termination under the statutory procedure.

This is commonly referred to as termination based on the new owner’s need.

The Need Must Be Genuine

Purchasing the property and simply saying “I need it” is not enough to guarantee eviction.

The need relied upon in litigation must be established.

Court of Cassation authority confirms that the existence of the claimed need must be proven in a new-owner eviction action.

The investor should therefore assess the strength of the need claim before purchasing the property on the assumption that the tenant can quickly be removed.

Investment Purpose Alone Is Not Automatically Personal Need

Suppose a foreign investor buys a leased apartment because vacant apartments command higher resale prices.

That commercial preference should not automatically be confused with the statutory need contemplated by Article 351.

Similarly, simply wanting a property empty because vacant possession is more convenient does not necessarily establish the required genuine need.

The factual purpose of the acquisition matters.

What Types of Need Can Be Relevant?

For residential and roofed commercial premises, Article 351 identifies use by the new owner or specified family members.

Depending on the property and circumstances, the issue may involve genuine residential need or genuine business-premises need.

The investor should document the intended use and be prepared to establish that the claimed need is real rather than created solely to remove the tenant.

The One-Month Notification Period Is Critical

A foreign investor relying on the first route under Article 351 must pay close attention to timing.

The new owner must notify the tenant in writing within one month beginning from acquisition if the owner intends to rely on the six-month new-owner route.

The statute then permits proceedings to terminate the lease after six months from acquisition.

Missing this notification requirement can defeat that particular procedural route.

The Notification Must Reach the Tenant in Time

This is especially important.

A 2025 Court of Cassation decision confirmed that for an Article 351/1 action, the required written notification must be served within the one-month period and that failure to satisfy this requirement cannot simply be corrected later.

A foreign investor who plans to rely on new-owner need should therefore obtain legal advice immediately after acquisition rather than waiting several weeks.

Do Not Wait Until the End of the First Month

Foreign investors sometimes purchase a property and spend the first several weeks negotiating informally with the tenant.

The tenant may repeatedly promise:

“I will leave soon.”

“I just need another month.”

“There is no need for formal notice.”

If the investor intends to preserve the Article 351/1 route, relying solely on informal discussions can be risky because the statutory notification period continues to run.

Six Months Does Not Mean Automatic Eviction

Another common misunderstanding is that the tenant automatically loses possession six months after the purchase.

That is incorrect.

Article 351 provides a legal route through which the new owner can seek termination through proceedings after the statutory period when the conditions are satisfied.

If the tenant refuses to leave voluntarily, formal proceedings may be necessary.

There Is Also a Lease-End Route

Article 351 gives the new owner another option.

Instead of relying on the six-month route, the new owner may exercise the need-based termination right through proceedings within one month beginning from the end of the lease term, subject to the statutory conditions.

Which route is preferable depends on the acquisition date and the existing lease.

The Investor Should Compare Both Routes Before Acting

Assume a foreign investor purchases a leased property shortly before the contractual lease period ends.

Waiting for six months may not always be the most efficient option.

Depending on the circumstances, relying on the existing lease term and the alternative Article 351 route may be strategically preferable.

The dates should therefore be calculated before notices are sent.

A Mistake in the Legal Ground Can Cause Delay

The distinction between different termination routes matters.

An investor should avoid sending a generic message saying simply:

“I purchased the property, so leave within 30 days.”

That may not satisfy the legal requirements for the intended claim.

The notice and subsequent procedure should correspond to the actual statutory basis being relied upon.

Mandatory Mediation Must Also Be Considered

Lease disputes are subject to mandatory mediation requirements before many court proceedings.

Recent Court of Cassation decisions have also emphasized that the timing of the mediation application matters in need-based eviction cases: mediation should be initiated once the right to bring the relevant eviction action has arisen rather than prematurely.

The procedural calendar therefore needs to coordinate notice, statutory waiting periods, mediation and litigation.

Can the Tenant Be Removed for Non-Payment?

A tenant’s own breaches can provide separate termination possibilities.

For residential and roofed commercial leases, Article 352 includes circumstances involving qualifying non-payment and two justified written notices within the statutory period.

Other provisions concerning payment default may also become relevant depending on the facts.

The new owner should obtain the previous landlord’s complete rent-payment history.

Obtain the Rent Ledger Before Purchase

A foreign investor considering occupied property should request evidence showing:

monthly rent,

payment dates,

missed payments,

written notices,

existing enforcement proceedings, and

outstanding debt.

Do not assume that a tenant is in default merely because the seller says rent is unpaid.

The evidentiary history matters.

Can the New Owner Rely on an Existing Eviction Undertaking?

Potentially, but the document must be carefully reviewed.

Article 352 recognizes a termination route where, after delivery of the leased property, the tenant has given a written undertaking to vacate on a specified date and fails to do so. The landlord can then proceed through the statutory mechanisms within the applicable period.

The validity, date, wording and circumstances of the undertaking should be examined before the buyer values it as guaranteed vacant possession.

Do Not Pay Extra for a Property Merely Because the Seller Shows an “Eviction Letter”

An investor should verify whether the document is legally usable.

Questions include:

Was it signed by the tenant?

When was it signed?

Was it signed after delivery?

Does it contain a clear vacation date?

Has that date already passed?

Were proceedings commenced within the relevant period?

A defective or expired document may be far less valuable than the seller suggests.

What If the Lease Term Has Expired?

Expiration of the date written in a residential or roofed commercial lease does not necessarily mean the tenant can automatically be removed.

The statutory regime governing these leases limits the landlord’s ability to terminate solely because the original fixed period has ended.

Therefore, a seller’s statement that “the lease expired last month” should not be treated as proof that immediate vacant possession is available.

The Tenant May Have Been There for Many Years

Long-term occupancy should be investigated separately.

The investor should establish the original commencement date and every subsequent renewal.

Different termination mechanisms may become relevant depending on the history and duration of the lease.

An incomplete one-page renewal document should not replace investigation of the original contractual chain.

What If There Is No Written Lease?

The absence of a written lease does not automatically prove that no tenancy exists.

A lease relationship may potentially be established through other evidence.

Bank transfers, messages, rent receipts, possession and communications with the previous owner can become relevant.

The investor should therefore investigate actual occupation rather than relying only on the seller’s inability to produce a contract.

Ask the Occupant Directly About Their Legal Status

Before purchase, it can be important to determine whether the person in possession claims to be:

a tenant,

a family member of the seller,

a former employee,

a borrower,

a co-owner, or

someone occupying under another legal arrangement.

Not every person physically present on land is legally a tenant.

The legal basis of possession should be verified.

What If the Seller Says the Tenant Has No Contract?

That statement should be tested against evidence.

If the occupant has been making monthly payments described as rent for several years, the absence of a signed paper may not resolve the issue in the investor’s favor.

The buyer should request bank records and communications where available.

What If the Tenant Paid Rent in Cash?

This can make the history more difficult to establish.

Receipts, messages and admissions from the previous landlord may become important.

The foreign investor should avoid purchasing first and investigating later.

Security Deposits Must Be Investigated

If the tenant paid a security deposit to the previous owner, the buyer should determine how it will be treated in connection with the property transfer.

The sale agreement between the old and new owner should clearly address outstanding landlord obligations associated with the tenancy.

Otherwise, a dispute can arise later when the tenant eventually vacates and demands return of the deposit.

Who Receives Rent After the Property Is Sold?

Because the new owner becomes the landlord under Article 310, rent administration should be reorganized immediately after acquisition.

The tenant should receive clear information regarding the ownership change and legitimate payment arrangements.

The investor should avoid creating confusion in which both old and new owners demand rent for the same period.

Notify the Tenant of the Ownership Change

Even where the investor does not intend immediate eviction, formal communication can prevent disputes.

The tenant should know that ownership has changed and where future contractual communications should be directed.

If Article 351 will be relied upon, however, the notification must be structured to satisfy the relevant statutory requirements rather than merely announcing the sale.

Can the Buyer Increase the Rent Immediately?

Purchase of the property does not by itself create an unlimited right to rewrite the existing lease or impose any desired rent.

The new owner generally enters the existing contractual relationship.

Rent adjustments must therefore be evaluated under the applicable lease rules rather than being treated as a consequence of ownership transfer.

Do Not Use an Extreme Rent Increase as an Eviction Strategy

A foreign investor should avoid attempting to force the tenant out through unlawful pressure or unsupported payment demands.

The safer approach is to identify a valid statutory termination ground or negotiate a voluntary termination.

Can the Investor Negotiate With the Tenant?

Yes.

In many investment transactions, a negotiated termination may be faster and economically more predictable than litigation.

The parties may agree on a voluntary departure date and settle outstanding rent, deposit and possession issues.

Any agreement should be documented carefully.

Consider a Vacant-Possession Agreement Before Closing

Where vacant possession is essential to the investment, the buyer should consider making it a contractual closing condition.

For example, the seller can be required to deliver the property vacant before the final acquisition is completed.

This shifts the tenant-removal risk away from the foreign buyer.

Do Not Rely on the Seller’s Oral Promise of Vacant Possession

A seller may say:

“Do not worry. I will remove the tenant after you buy.”

Once the purchase is completed, the seller may have far less incentive to resolve the problem.

If vacant possession is essential, it should be addressed in the transaction documents before the purchase price is released.

Consider Retaining Part of the Purchase Price

Depending on the transaction structure, the parties may consider linking part of the seller’s payment to delivery of vacant possession.

The mechanism should be legally structured and clearly documented.

This can be more effective than relying on a post-closing promise.

What If the Tenant Refuses to Allow Property Inspection?

The buyer should not ignore this issue.

Inability to inspect can conceal:

physical defects,

unauthorized construction,

commercial use,

subletting,

damage, or

other occupancy issues.

The seller should resolve legitimate access and inspection arrangements before closing.

Check Whether the Property Has Been Subleased

A foreign investor may believe there is one tenant and later discover several occupants.

The lease should be examined for subletting arrangements and actual use of the property.

The identity of everyone in possession should be understood before acquisition.

What If the Tenant Is Operating a Business?

Commercial tenancy can significantly affect investment planning.

A buyer intending to operate their own business in the property may potentially evaluate need-based termination where the statutory conditions apply.

But the investor should not assume that purchasing an operating business premises guarantees rapid eviction.

The genuine nature of the new owner’s business need may become central to the dispute.

A Business Plan Can Become Important Evidence

If a foreign investor intends genuinely to use the property for their own business, evidence supporting that intention may become relevant.

Depending on the case, documents concerning the intended operation, corporate structure, licensing, relocation or existing business circumstances can help establish the reality of the claimed need.

The case should be prepared around actual facts rather than a generic statement of intention.

What If the Investor Wants to Demolish and Redevelop the Property?

Redevelopment presents a different analysis from ordinary personal need.

The buyer should investigate zoning, permits, construction feasibility and the lease termination rules applicable to the contemplated redevelopment before assuming that purchase automatically creates a right to immediate possession.

A development model should include potential tenant-removal time.

What If the Property Is Vacant Land Leased for Commercial Use?

Not every land lease falls within precisely the same legal regime as a residential apartment or roofed commercial premises.

The legal characterization of the leased property matters.

The investor should determine whether the tenancy concerns ordinary land, a building, roofed commercial premises, agricultural property or a mixed arrangement.

The termination rules can differ accordingly.

Agricultural Leases Require Separate Review

An investor purchasing leased agricultural land should not automatically apply residential eviction rules.

The agreement, property classification, use and applicable statutory provisions should be examined independently.

The investor should know exactly what type of lease is being acquired.

What If the Tenant Claims a Very Long Fixed Lease?

The investor should obtain the original document and verify the arrangement.

A long contractual term can materially affect the investment value.

The buyer should also examine whether there are annotations, options, special rights or other arrangements connected to the lease.

Check the Land Registry for Relevant Rights and Annotations

Lease due diligence should not stop with the private contract.

The investor should review the land-registry record for rights or annotations affecting possession or use.

Mortgages, usufruct rights, easements and other restrictions may create problems independent of the tenancy.

What If the Tenant Has Made Major Improvements?

A commercial or land tenant may have constructed facilities or invested heavily in the property.

The lease should explain how improvements are treated at termination.

The buyer should investigate ownership, removal, compensation and restoration issues before purchasing.

Do Not Assume Everything Built on the Property Can Immediately Be Used by the Buyer

Warehouses, greenhouses, machinery foundations, commercial installations or other improvements may create contractual disputes.

The investor should identify who paid for them and what the lease says happens when the tenancy ends.

What If the Tenant Stops Paying Rent After the Sale?

The new owner should document the default immediately and use the appropriate statutory procedure.

Informal telephone demands alone may not provide the evidence necessary for later proceedings.

Rent-payment disputes should be handled with a clear documentary record.

What If the Tenant Pays the Previous Owner by Mistake?

This can occur shortly after the property transfer.

The investor should ensure that ownership and payment instructions are communicated clearly.

Any disputed payments should be documented and reconciled rather than immediately characterized as intentional non-payment.

Can Utilities Simply Be Disconnected to Force the Tenant Out?

Using self-help measures to pressure a tenant into leaving can create serious legal problems.

The investor should use lawful termination and eviction procedures.

Ownership does not authorize the buyer to bypass the tenant’s contractual and statutory protections.

Do Not Change the Locks While the Tenant Is Still in Possession

A foreign buyer should not assume that title ownership creates an immediate right to physically exclude an existing tenant.

Possession disputes should be resolved through lawful procedures.

Unilateral action can expose the owner to additional claims and complications.

Do Not Remove the Tenant’s Property

Furniture, business equipment, agricultural machinery or other possessions should not simply be removed because the investor purchased the land.

The legal process for recovering possession should be followed.

The objective is to obtain vacant possession without creating a second dispute.

What If the Seller Concealed the Lease?

This can create a separate dispute between buyer and seller.

The investor should preserve:

the sale agreement,

property advertisement,

seller representations,

messages,

due-diligence requests, and

evidence of when the tenancy was discovered.

If the seller expressly represented that the property would be delivered vacant, contractual remedies may need to be evaluated.

A Vacant-Possession Representation Can Be Extremely Important

Suppose the sale agreement states that the property is free from tenants and will be delivered vacant.

After closing, the buyer discovers a valid existing lease.

The investor may need to pursue remedies against the seller while separately dealing with the tenant under the applicable lease rules.

These are two different legal relationships.

Do Not Assume the Tenant Is Responsible for the Seller’s Misrepresentation

A seller may have misled the buyer about occupancy.

That does not automatically eliminate the tenant’s rights.

The foreign investor should distinguish between the tenant’s legal position and the seller’s potential liability for inaccurate representations.

Can the Buyer Recover Losses From the Seller?

Potentially, depending on the transaction documents and representations.

Losses may arise because development is delayed, vacant possession cannot be obtained as promised or the investor incurs litigation expenses.

The sale agreement should be examined to determine available contractual remedies.

Due Diligence Should Occur Before the Deposit

Ideally, the foreign investor should verify tenancy status before paying even the initial deposit.

The due-diligence request should ask specifically whether:

the property is occupied,

a lease exists,

rent is being paid,

a deposit is held,

an eviction undertaking exists,

litigation is pending, and

the seller has promised vacant possession to anyone.

Visit the Property Before Buying

A physical inspection can reveal information that paperwork does not.

The investor may discover occupants, commercial operations, crops, storage, construction or signs that another person exercises long-term control over the property.

An apparently empty title record does not prove vacant physical possession.

Speak to the Tenant Where Appropriate

Direct communication can uncover major discrepancies.

The seller may say the lease ends next month while the tenant produces a five-year agreement.

The seller may say rent is unpaid while the tenant provides bank receipts.

These conflicts should be resolved before closing.

Calculate the Eviction Timeline Before Setting the Purchase Price

If the investment requires vacant possession, the buyer should model:

notice periods,

mandatory mediation,

possible litigation,

appeal risk,

enforcement,

legal expenses, and

lost development or rental time.

A leased property may be worth substantially less to a particular investor than an identical vacant property.

The One-Month Article 351 Deadline Should Be in the Closing Calendar

Where genuine new-owner need exists, the investor’s legal strategy should begin immediately upon acquisition.

A 2025 Court of Cassation ruling underscores the importance of timely service of the written notification under Article 351/1.

The foreign investor should therefore not postpone legal review until months after the title transfer.

2026 Practical Legal Strategy

A foreign investor buying land or other real estate with an existing tenant should begin from one fundamental rule: purchase of the property does not ordinarily erase the lease. Under Article 310 of the Turkish Code of Obligations, the new owner becomes a party to the existing lease when ownership changes.

Before purchasing, the investor should obtain the complete lease, verify the commencement and termination dates, examine payment history, determine whether a valid eviction undertaking exists, identify any subtenants and investigate whether the seller has promised vacant possession.

If the investor has a genuine residential or business need falling within Article 351, the acquisition date becomes critical. To preserve the six-month new-owner route, the written notice must be served within one month beginning from acquisition. Recent Court of Cassation jurisprudence confirms that failure to satisfy this timely notification requirement cannot simply be cured afterward for an Article 351/1 action.

The investor should also compare the alternative route based on the end of the existing lease period because Article 351 permits the new owner to choose the route that is more advantageous where its conditions are satisfied.

Where litigation becomes necessary, mandatory mediation requirements and their correct timing must also be incorporated into the strategy. Recent Court of Cassation authority emphasizes that mediation in need-based eviction disputes should occur after the right to bring the relevant action has arisen.

If vacant possession is essential to the investment, the strongest protection may be obtained before purchase by structuring the transaction so that vacant delivery is a condition of closing rather than purchasing first and attempting to remove the tenant afterward.

Lawyer Fırat Fesih Kaya can examine the existing lease, tenant-payment history, eviction documents, title records and proposed investment structure to determine whether the tenant can lawfully be removed and how the acquisition should be structured before the investor commits the purchase price.

Frequently Asked Questions

Does an existing lease automatically end when a foreign investor buys the property?

No. Article 310 provides that when leased property changes ownership, the new owner becomes a party to the existing lease.

Can the new foreign owner immediately tell the tenant to leave?

Ownership transfer alone generally does not create immediate eviction. A lawful termination ground and the applicable procedure must be identified.

Can the new owner evict the tenant because they personally need the property?

Potentially. For residential and roofed commercial premises, Article 351 provides a need-based termination route for the new owner and specified family members where the statutory conditions are satisfied.

How quickly must the new owner notify the tenant?

For the six-month route under Article 351/1, written notification must be made within one month beginning from acquisition. Recent Court of Cassation authority confirms the importance of timely service.

Does the tenant automatically leave six months after purchase?

No. Six months is part of the statutory procedure; it does not itself physically terminate possession. If the tenant does not leave voluntarily, the appropriate legal proceedings may be necessary.

Can the new owner wait until the existing lease ends?

Article 351 also permits the new owner, where its conditions are satisfied, to pursue need-based termination through proceedings within one month beginning from the end of the lease term.

What if the tenant has stopped paying rent?

Non-payment can create separate legal remedies. The rent history, notices and applicable statutory conditions should be examined before proceedings are initiated.

What if the tenant signed an eviction undertaking?

A qualifying written undertaking can create a separate termination route under Article 352, but its validity, timing and enforcement deadline should be checked carefully.

What if the seller promised the property would be vacant?

That promise may create contractual rights against the seller, but it does not automatically eliminate a tenant’s legally protected position. Both relationships should be analyzed separately.

What should a foreign investor do before buying leased land?

Obtain and review the lease, identify every occupant, verify rent and deposit records, examine any eviction undertaking, determine whether genuine new-owner need exists, calculate the Article 351 deadlines, investigate pending disputes and make vacant possession a closing condition if immediate use of the property is essential to the investment.

Legal Support for Foreign Investors Buying Leased Property

Foreign investors can face significant financial and development delays when they purchase land, residential property or commercial premises with an existing tenant and later discover that ownership transfer does not automatically terminate the lease. The dispute may involve new-owner need, non-payment, eviction undertakings, mandatory mediation, vacant-possession promises, commercial leases or undisclosed tenancy arrangements.

Fırat Fesih Kaya Law Office assists foreign investors with leased-property acquisitions, lease due diligence, new-owner eviction proceedings, tenant disputes, vacant-possession arrangements and claims arising from undisclosed leases. Lawyer Fırat Fesih Kaya can examine the existing lease, ownership transfer date, tenant-payment history, eviction documents and proposed investment purpose to determine whether and when vacant possession can legally be obtained.

Phone: +90 312 434 22 22

WhatsApp: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Remove the unauthorized external citationsReduce repetitive eviction sections