

Are you a foreign tenant living in a risky building in Turkey? Learn your rights concerning evacuation, demolition, rent, security deposits, relocation assistance, utilities, compulsory evacuation and landlord disputes.
If you are a foreign tenant living in a building that has officially been declared risky, you may eventually be required to leave the property even if your lease has not yet expired. However, being a tenant does not mean that you have no legal rights during the urban transformation process.
The first issue is to determine whether the building has actually been classified as a risky building under the statutory urban transformation framework. A landlord, building manager or redevelopment contractor simply saying that the building is “risky” or “going into urban transformation” is not the same as an official risky-building determination.
Under the current framework, once a risky-building determination becomes final, the administration proceeds with evacuation and demolition. The competent authority gives owners and persons residing in the building a period not exceeding 90 days for evacuation and demolition. If the building is not vacated and demolished within the period granted, compulsory measures may follow.
Foreign tenants should therefore verify the official status of the property before agreeing to an immediate move, waiving financial rights or signing documents presented by the landlord or contractor.
Lawyer Fırat Fesih Kaya assists foreign tenants in distinguishing between a genuine statutory evacuation process and a private attempt by a landlord to obtain vacant possession by relying on future redevelopment plans.
Foreign nationality does not, by itself, eliminate the legal protections arising from a valid tenancy.
The fact that a tenant is not a citizen should not be treated as giving the landlord unrestricted authority to remove that person from the property, retain the security deposit or ignore existing contractual obligations.
At the same time, foreign tenants must understand that an ordinary lease does not necessarily provide a right to remain indefinitely in a building that has reached a legally enforceable evacuation and demolition stage.
The lease relationship and the urban transformation process must therefore be examined together.
A verbal statement is not enough to establish that an official compulsory evacuation procedure has reached the enforcement stage.
If the landlord says:
“The building has been declared risky. You must leave immediately.”
the tenant should request information concerning the official procedure.
Has a risky-building assessment actually been completed?
Has the determination become final?
Has the evacuation and demolition procedure begun?
What is the official evacuation deadline?
A foreign tenant should not surrender possession solely because a contractor, real estate agent or landlord makes an unsupported statement about future demolition.
The current official procedure includes formal notification mechanisms.
Information concerning the risky-building determination is recorded through the statutory process, and the relevant notice is posted on the building. Owners are informed through the electronic government system, and the determination is also announced through the prescribed local and official mechanisms.
Once the risky-building determination becomes final, a separate evacuation and demolition notification procedure follows. The evacuation and demolition record is posted on the building and announced through the prescribed statutory channels.
A tenant who is uncertain should request copies of the relevant documents rather than relying exclusively on statements made by the landlord.
The ordinary statutory technical objection against the risky-building determination is specifically available to the building owners or their legal representatives.
Current official guidance provides that owners or their legal representatives may object within 15 days from the final day of the relevant local announcement. The technical committee then examines the risky-building report and makes the relevant technical determination.
A tenant therefore does not have exactly the same procedural position as the property owner in relation to the ordinary technical objection.
However, tenants can still have important rights concerning occupation, evacuation, contractual claims, financial assistance and administrative measures directly affecting them.
Not necessarily.
A fixed-term lease does not automatically override a legally enforceable evacuation and demolition process.
If the building must lawfully be emptied because the risky-building determination has become final and the statutory evacuation stage has been reached, the tenant may have to move before the ordinary contractual end date.
That does not mean the tenant loses all rights arising from the lease.
Questions concerning rent, the security deposit, prepaid rent, improvements and other financial claims must still be addressed separately.
Current official guidance states that, after the risky-building determination becomes final, owners and persons residing in the building are given a period not exceeding 90 days for evacuation and demolition.
Foreign tenants should not automatically assume that they personally receive a new 90-day period beginning when the landlord informs them.
The legally relevant administrative timetable may already have started.
The actual official notice and dates should therefore be checked.
Yes, once the statutory conditions for compulsory evacuation have been satisfied.
If the building is not evacuated within the applicable procedure and occupants prevent evacuation, the current framework permits compulsory evacuation with written authorization from the competent administrative authority and sufficient law-enforcement assistance.
Where necessary, closed doors or areas may be opened or caused to be opened for evacuation.
This means that a foreign tenant should not rely on locking the apartment or refusing access as a long-term strategy.
Legal objections and financial claims should instead be pursued through the appropriate procedures.
Yes.
Where evacuation is obstructed, law-enforcement officers may assist with compulsory evacuation under the statutory procedure.
This is very different from a landlord personally arriving with private individuals and attempting to remove the tenant.
Foreign tenants should always distinguish between an official compulsory evacuation procedure and private pressure by the landlord or contractor.
The statutory urban transformation process does not automatically give a private landlord unlimited enforcement powers.
A landlord should not assume that a future demolition allows the landlord personally to remove the tenant’s belongings, enter the property without legal authority or use private pressure as a substitute for the applicable procedure.
Where compulsory evacuation is required under the urban transformation framework, the authorities have specific statutory enforcement mechanisms.
A foreign tenant who is facing private pressure should determine whether an official evacuation measure actually exists.
Yes, at an advanced stage of the statutory process.
If a risky building is not demolished within the period granted, the administration can request that electricity, water and natural gas no longer be supplied and that existing services be terminated. Current official guidance confirms this enforcement mechanism.
Therefore, tenants should not plan to remain inside the property indefinitely merely because the utility accounts are registered in their own names.
The urban transformation process can ultimately affect those services.
An official administrative disconnection must be distinguished from a landlord privately interfering with utility services.
The statutory power concerning termination of electricity, water and natural gas operates within the urban transformation procedure.
If utilities are suddenly disconnected, the tenant should determine who requested the disconnection and why.
If there is no official administrative basis connected with the transformation process, the issue may instead involve the landlord-tenant relationship or another private dispute.
Urban transformation does not automatically give the landlord a right to keep the security deposit.
Before leaving, the foreign tenant should create clear evidence concerning the condition of the property.
Photograph every room.
Record any existing damage.
Document landlord-owned furniture and appliances.
Record utility meter readings where possible.
Return the keys in a documented manner.
Obtain written evidence showing the date on which possession was returned.
If the landlord claims unpaid rent or damage, the alleged amount and basis should be identified rather than simply treating the entire deposit as forfeited because demolition is approaching.
The tenant should not automatically make this assumption.
The security deposit and monthly rent are legally and contractually distinct issues.
If the parties want to set off the deposit against the final rental payment, the arrangement should preferably be documented.
Otherwise, the landlord may later claim that rent remained unpaid while the tenant separately claims repayment of the deposit.
Urban transformation already creates enough uncertainty; unnecessary deposit disputes should be avoided.
Advance payments should be reviewed carefully when the tenancy ends earlier than expected because the building must be vacated.
The tenant should preserve bank transfers, receipts and the lease agreement.
Determine precisely which period the advance payment covered and the date on which possession was actually returned.
If part of the payment relates to a period during which the tenant could no longer occupy the property, the financial consequences should be evaluated according to the lease and the circumstances.
Demolition does not automatically erase evidence of advance payments.
Do not automatically stop paying rent merely because demolition has been announced.
The relevant questions include whether the tenant still occupies the property, whether the property remains usable and when possession will actually be returned.
The safest approach is to establish a clear move-out and handover date.
Once possession has ended, the parties should document the final rent position rather than allowing uncertainty to continue after demolition.
Potentially, yes, where the statutory requirements are satisfied.
Law No. 6306 expressly provides that assistance may be available to qualifying tenants residing in or operating businesses from structures evacuated by agreement.
Under the current implementing regulation, qualifying tenants residing in an affected property or operating a business there may receive a one-time payment equal to twice the applicable monthly rental-assistance amount.
This differs significantly from the assistance structure applicable to qualifying owners.
A tenant should therefore not assume that the owner and tenant receive the same payments.
The exact monetary amount can change because the applicable monthly assistance figures are determined administratively.
The current framework calculates qualifying tenant assistance as a multiple of the applicable monthly rental-assistance amount rather than providing tenants with the same continuing monthly support structure available to qualifying owners.
For this reason, foreign tenants should verify the current amount applicable at the time of application rather than relying on older figures found online.
Yes.
Under the current implementing regulation, rental-assistance applications are made within one year from the evacuation date or the date on which the risky building is demolished, subject to the applicable eligibility and documentation requirements.
Foreign tenants should pay particular attention to this deadline.
A tenant who immediately leaves the country after moving out may otherwise forget about the application until the period has expired.
Keep the lease agreement, rent-payment records, evidence of the security deposit, utility bills, documents proving actual occupancy, official evacuation documentation and evidence showing when possession was returned.
The current rental-assistance framework recognizes tenants residing in affected structures as potential beneficiaries subject to the applicable conditions.
Foreign tenants should retain digital copies of important documents because obtaining them after leaving the country may become more difficult.
No.
The existence of a lease alone should not automatically be treated as guaranteeing payment.
The statutory requirements, actual occupancy and supporting documentation must be considered.
A foreign tenant should therefore check eligibility before moving rather than relying on a general statement that “every tenant gets relocation money.”
No, not merely because the tenant occupied the former apartment.
Ownership and tenancy are fundamentally different.
The future redevelopment rights connected with the parcel primarily belong to the property owners according to the applicable ownership framework.
A tenant does not acquire ownership of a replacement apartment because the rented property was demolished.
A tenant should not assume that there is an automatic right to return after reconstruction.
If the landlord wants the tenant to rent a new apartment in the replacement building, the parties can address that separately.
Any promise to return should preferably be documented.
A vague statement such as:
“You can rent the apartment again when the building is finished.”
may create uncertainty several years later about the apartment, rent, completion date and other conditions.
This can create a separate contractual dispute.
The timing becomes particularly important.
When did the landlord learn about the risky-building process?
When did the tenant sign the lease?
Was the tenant informed about the upcoming demolition?
Was a long-term lease accepted shortly before an already advanced evacuation procedure?
Did the tenant pay a large deposit, advance rent or agency fees?
Messages, advertisements, emails and payment records should be preserved.
A statutory demolition process does not necessarily resolve every private claim arising from what the landlord represented when the lease was signed.
Keep the brokerage agreement, payment receipt and communications.
If the tenant entered into the lease shortly before learning that the property would soon become unavailable because of an advanced transformation process, questions may arise concerning what information was provided during the transaction.
The legal consequences depend on the circumstances and contractual relationships.
Do not discard the brokerage documentation simply because the building is later demolished.
Foreign tenants sometimes spend significant amounts furnishing or improving a rented property.
Commercial tenants may make even larger investments in shop decoration, partitions, lighting, kitchens, equipment or signage.
Before leaving, determine which fixtures can be removed and which were installed under the terms of the lease.
Document all valuable improvements before demolition.
Once the structure disappears, proving what existed inside the premises can become substantially harder.
Commercial tenants should begin relocation planning as early as possible.
A shop, office, restaurant or other business may lose access before physical demolition because of evacuation measures or utility disconnection.
Important records, inventory, computers, machinery and customer-related operations should therefore be relocated before the final enforcement stage.
Qualifying business tenants can also fall within the assistance provisions of the current framework.
However, public assistance should not be assumed to compensate for every business loss.
The commercial lease and any additional contractual claims should be examined independently.
Do not assume that a locked apartment will remain untouched until you return.
If compulsory evacuation becomes legally enforceable and access is obstructed, the statutory framework allows evacuation with law-enforcement assistance, including opening closed doors or areas under the prescribed authorization procedure.
A foreign tenant who has belongings inside the property should therefore arrange their removal promptly.
Where another person will handle the process, the scope of that person’s authority should be clearly defined.
Do not leave valuable belongings inside a building approaching compulsory evacuation.
Remove passports, residence documents, computers, financial records, jewelry, medication and other important personal property first.
If the tenant operates a business, remove sensitive documents, customer information and valuable equipment.
Legal disputes concerning rent or demolition can continue after relocation. Personal property should not be exposed unnecessarily while those disputes are resolved.
Relocation can have consequences beyond the lease.
A foreign tenant should ensure that address-related administrative obligations connected with the new residence are handled appropriately.
Keep documents proving the previous tenancy and the date on which the former property was vacated.
Do not rely exclusively on the landlord to deal with administrative matters arising from the tenant’s change of residence.
A written move-out agreement can be useful because it can establish the date of surrender, key delivery, final rent position, deposit, utility accounts and any payments between the parties.
However, read the document carefully.
A tenant should not automatically sign a broad release stating that there are no claims against the landlord if unresolved issues remain concerning the deposit, advance rent or other payments.
Moving out and waiving all financial rights are not necessarily the same thing.
Preserve the lease, evidence of the deposit and photographs showing the condition of the apartment at handover.
Also retain written evidence that the keys were returned.
If the landlord alleges damage or unpaid rent, request a clear explanation.
The fact that the building will soon be demolished does not automatically determine whether the landlord can retain money belonging to the tenant.
Tenants and owners have different legal positions concerning demolition expenses.
Current official guidance provides that where the administration performs or arranges risky-building assessment, evacuation or demolition, the relevant costs can be collected from owners according to their ownership shares.
A landlord should therefore not automatically treat the tenant’s security deposit as the tenant’s contribution toward the owner’s statutory demolition expenses.
Any deduction from the deposit requires an appropriate legal or contractual basis.
The official framework concerning administrative risky-building evacuation and demolition costs places recovery against owners according to their ownership shares.
This is an important distinction for tenants.
A tenant should not automatically accept a demand from the landlord stating that government demolition expenses must be paid by the tenant merely because the tenant occupied the apartment.
Separate contractual obligations should, of course, be reviewed individually.
Ask why.
The landlord may have a legitimate reason connected with contractor delivery, safety or the redevelopment timetable, but the tenant should understand the legal basis before agreeing.
If there is no official compulsory evacuation yet, the issue may primarily concern the lease and any negotiated early surrender.
In that situation, the parties may potentially negotiate the move-out date, deposit, advance rent and other financial terms.
Do not confuse a negotiated early departure with compulsory statutory evacuation.
Where the landlord wants possession earlier than required and there is no immediate compulsory statutory obligation forcing the tenant to leave on that particular date, the parties may potentially negotiate the terms of voluntary early surrender.
The tenant should document any payment or agreement.
For example, the parties may address moving expenses, advance rent, the security deposit and the handover date.
The agreement should make clear what is being paid and whether any claims are being waived.
This is not an appropriate strategy.
Once the statutory conditions for compulsory evacuation and demolition have been satisfied, the authorities have enforcement mechanisms available.
Current official guidance expressly provides for law-enforcement assistance where evacuation is obstructed.
A tenant who believes an administrative action is unlawful should obtain legal advice concerning available remedies rather than physically confronting officials or demolition personnel.
The first priority is verify that the building has actually entered an official risky-building process. Do not rely solely on statements from the landlord, real estate agent or contractor.
The second priority is determine whether the risky-building determination has become final and whether the evacuation stage has officially begun.
The third priority is establish the actual evacuation deadline. Current official guidance provides a period not exceeding 90 days for evacuation and demolition after finalization.
The fourth priority is protect your financial rights under the lease. Preserve evidence of the deposit, advance rent, rent payments and any other amounts paid.
The fifth priority is investigate rental or relocation assistance. Qualifying tenants can fall within the statutory assistance framework, and the current regulation provides a one-time assistance mechanism for eligible tenants.
The sixth priority is observe the application deadline. Current rules provide a one-year period from evacuation or demolition for the relevant rental-assistance application.
The seventh priority is document the apartment before leaving. Photograph the condition of the property and tenant-owned improvements.
The eighth priority is formalize the handover. Record the date, key return, utility readings and deposit position.
The ninth priority is remove valuable belongings before compulsory enforcement begins.
The tenth priority is distinguish official evacuation from private pressure. A landlord or contractor should not be treated as having the same enforcement authority as the competent administration.
The central principle is:
A foreign tenant may ultimately be required to leave a risky building even if the lease has not expired, but the tenant does not lose all legal and financial rights. The tenant should verify the official evacuation process, protect the security deposit and prepaid rent, investigate available relocation assistance, document the property before leaving and avoid signing unnecessary waivers simply because demolition is approaching.
Yes. Once the statutory evacuation requirements have been satisfied, occupants can ultimately be required to leave, and compulsory evacuation mechanisms are available if evacuation is obstructed.
Not necessarily. A lease does not automatically override a legally enforceable evacuation and demolition procedure.
A landlord’s verbal demand is not the same as an official compulsory evacuation measure. Ask for documentation establishing the building’s actual legal status and evacuation timetable.
Potentially, yes. Qualifying tenants fall within the statutory assistance framework, and current rules provide a one-time payment mechanism for eligible tenants.
No. The current framework treats qualifying owners and tenants differently. Eligible tenants may receive a one-time payment calculated by reference to the applicable monthly rental-assistance amount.
Demolition alone does not automatically give the landlord a right to retain the deposit. The lease, unpaid obligations and condition of the property should be considered.
Yes. The statutory framework permits termination of these services in connection with the enforcement of the risky-building evacuation and demolition process once the relevant conditions are satisfied.
No. Tenancy does not automatically create ownership of a replacement apartment.
Current official guidance provides for administrative evacuation and demolition expenses to be recovered from owners according to their ownership shares.
Verify the official documents, determine the evacuation deadline, preserve the lease and payment records, check your deposit and advance rent, investigate assistance eligibility, remove important belongings, document the condition of the property and complete the eventual handover in writing.
Living in a risky building can create considerable uncertainty for a foreign tenant. The tenant may receive conflicting information from the landlord, building manager, contractor and other residents while simultaneously facing questions about the lease, deposit, relocation costs and official evacuation deadline.
The key is to separate the issues. Whether the building must legally be evacuated is one question. Whether the landlord owes money to the tenant, whether the security deposit must be returned and whether the tenant qualifies for statutory assistance are separate questions.
Fırat Fesih Kaya Law Office provides legal assistance to foreign tenants and property owners affected by risky-building and urban transformation proceedings.
Lawyer Fırat Fesih Kaya assists foreign tenants with reviewing evacuation and demolition documents, assessing lease and deposit disputes, examining advance-rent claims, evaluating compulsory evacuation procedures, reviewing eligibility for rental or relocation assistance, and protecting financial rights arising before and after the tenant leaves the property.
Phone: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr