Termination After 10 Years Under Turkish Rental Law: Rights of the Tenant in Turkey

Anyone who owns property in Turkey while living abroad is familiar with the typical challenges: delayed rent payments, unresponsive tenants, and uncertainty regarding one’s rights as a lessor under Turkish law. Matters become even more complex when tenants have occupied the property for more than ten years — a situation in which the termination process often becomes complicated, and some tenants take advantage of this uncertainty.

The 10-year termination rule (10 yıllık kiracı tahliyesi) is one of the most significant yet error-prone areas of Turkish rental law. Even minor miscalculations of deadlines or inaccuracies in the wording of a notice can cause the lessor to lose an entire additional rental year.

At Vural & Demir Law and Consulting, we have been assisting property owners living abroad for many years in effectively enforcing their rights in Turkey. We accurately calculate the 10-year periods, prepare legally valid termination notices, and manage all necessary eviction proceedings — without requiring you to be physically present in Turkey.

1. The Legal Nature of the 10-Year Extension Period and the Lessor’s Right of Termination

In tenancy relationships that have continued for many years — particularly for property owners managing their real estate in Turkey from abroad, such as from Germany, the Netherlands, Belgium, France, England, Switzerland, or Austria — one central question often arises:

“Under what conditions may a tenant who has completed ten years of occupancy be lawfully terminated?”

The answer lies in Article 347 of the Turkish Code of Obligations (TBK). This provision governs the automatic extension of tenancy agreements, the legal protections afforded to tenants, and the special right of termination granted to the lessor once the 10-year extension period has elapsed.

Article 347 evaluates these elements collectively and grants the lessor the right to issue an ordinary termination after the expiration of ten years — regardless of the underlying reason — provided that all statutory deadlines and formal requirements are properly observed.

2. Different Legal Consequences of the 10-Year Termination Rule in Fixed-Term and Indefinite-Term Tenancy Agreements Under Turkish Law

A) Termination of an Indefinite-Term Tenancy After the 10-Year Period

Pursuant to Article 347/2 of the Turkish Code of Obligations (TBK), a lessor is entitled to terminate an indefinite-term tenancy once ten years have passed since the beginning of the contractual relationship, without the need to provide any specific reason and provided that the statutory termination periods are observed.

Such termination must be made in writing, as required by Article 348 TBK.

If multiple individuals are registered as tenants, the termination notice must be duly delivered to each tenant separately.

For property owners managing their real estate from abroad, Vural & Demir Law and Consulting handles the precise calculation of all relevant deadlines, the determination of the applicable termination periods, and the preparation of a legally valid and enforceable termination notice.

Even slight miscalculations or delayed notifications can result in the tenancy being extended for an additional full year. Through careful review and strict deadline management, we ensure that lessors avoid unnecessary delays and can effectively exercise their rights.

B) Termination of a Fixed-Term Tenancy After the 10-Year Extension Period

Under Article 347/1 TBK, fixed-term tenancy agreements — for both residential and commercial properties — are automatically extended by one year unless the tenant gives notice of termination at least 15 days before the end of the rental year.

The lessor, however, is not permitted to terminate the agreement solely on the basis of the expiry of the originally agreed contractual term.

Instead, the lessor is granted a special right of termination that becomes effective only after the 10-year extension period has elapsed. From that point onward, the lessor may terminate the tenancy by giving written notice no later than three months before the end of each subsequent extension year.

Accurate calculation of the 10-year extension period is crucial. Even minor errors in determining the relevant dates can invalidate the termination and cause the tenancy to be extended automatically for another year.

At Vural & Demir Law and Consulting, we ensure that these complex calculations are carried out correctly, allowing lessors to exercise their rights under Turkish rental law timely and securely.

3. Requirements for Terminating a Tenancy After the 10-Year Extension Period Under Turkish Law

A) Existence of a Valid and Continuously Operating Tenancy Agreement

In order for the lessor to exercise the right of termination after the 10-year extension period, a valid and uninterrupted tenancy agreement must exist. Only if the agreement was lawfully established and has continued without interruption can the statutory termination mechanism under Turkish rental law be applied.

B) Written Termination Notice at Least Three Months Before the End of the Relevant Extension Year

The lessor may terminate the tenancy without providing any specific reason, provided that a written termination notice is issued no later than three months before the end of the rental year that follows the 10-year extension period.

If this three-month deadline is missed, the termination does not become void. According to the established case law of the Turkish Court of Cassation (Yargıtay), a late notice is automatically considered a valid termination for the subsequent rental year.

This means the lessor is not required to send a new notice three months before the following year — the previously delivered notice continues to satisfy the statutory requirement.

This aspect is particularly important for property owners managing their real estate from abroad. Accurate deadline management prevents the loss of an additional rental year and avoids unnecessary legal uncertainty.

4. Commencement and Calculation of the 10-Year Extension Period in Annually Renewed Tenancy Agreements

In practice, it is common for lessors and tenants to re-sign the existing tenancy agreement at the end of each year or to execute what is referred to as a “renewal protocol.” This frequently raises the question:

“Do these annually signed documents constitute a new tenancy agreement, or do they merely continue the existing one?”

Under Turkish rental law, the decisive factor is whether the essential terms of the tenancy have been altered.

If only certain elements — such as the rent amount — are updated, or if the agreement is renewed purely for formal reasons, no new tenancy is deemed to have been created. In such cases, the starting point of the 10-year extension period remains unchanged, and the date of the original tenancy agreement continues to apply.

However, if the parties modify essential elements of the tenancy — such as:

-          replacing the tenant,

-          changing the leased premises, or

-          materially altering the contractual term —

then a new tenancy agreement is considered to have been established. In such circumstances, the 10-year period begins anew.

For lessors managing property from Germany or other European countries, determining the correct starting date is crucial.

Errors in this calculation often lead to a situation where a termination that would otherwise have been possible under Turkish rental law is not issued in time.

5. Effects of a Change of Ownership on the 10-Year Extension Period

When the leased property is sold or the tenancy is transferred to another person, this does not mean that the tenancy agreement automatically restarts. Under Turkish law, the following principle applies:

The new owner steps into the existing tenancy agreement and assumes all rights and obligations without modification.

Accordingly, the 10-year extension period continues to run based on the date of the original agreement; it does not restart merely due to a change in ownership.

An important exception exists:

If the new owner and the tenant enter into an entirely new agreement — thereby ending the previous tenancy and establishing a new one — the 10-year period begins from zero.

This distinction is often overlooked by property owners living abroad. Mistakenly assuming that the 10-year period restarts can result in the loss of the lessor’s termination rights under Turkish rental law.

Vural & Demir Law and Consulting assists property owners in correctly determining the applicable periods and in securing their rights effectively, even following a change of ownership.

6. The Eviction Lawsuit Process After the 10-Year Period and Key Considerations for Lessors

If the tenant refuses to vacate the property despite receiving a valid termination notice, the lessor may file an eviction lawsuit (tahliye davası) pursuant to Article 350 TBK. This is the primary legal mechanism for regaining possession of the property.

In such proceedings, the court examines whether the conditions set out in Article 347 TBK are met. If the expiry of the 10-year extension period, the timely issuance of the three-month written notice, and compliance with the formal requirements are established, the court will generally order the tenant’s eviction.

Because eviction proceedings related to the 10-year rule involve numerous technical and procedural intricacies, even minor errors — such as miscalculating deadlines or incorrectly drafting the notice — often result in dismissal of the lawsuit.

For lessors managing their property from abroad — particularly from Germany, Austria, Switzerland, or the Benelux countries — such delays can be especially burdensome.

It is therefore strongly recommended that the entire process be handled by a law firm experienced in Turkish rental law.

Further information on enforcement procedures, eviction actions and the protection of lessors’ rights can be found in our related guides.

Vural & Demir — Your Law Firm for Lessor Rights in Turkey 

Vural & Demir Law and Consulting specializes in Turkish rental law and advises property owners who manage real estate in Turkey from abroad — including Germany, the Netherlands, Belgium, France, Switzerland, Austria, England an all over the world. Our core services include:

-          termination after the 10-year extension period,

-          drafting legally valid termination notices,

-          reviewing tenancy agreements,

-          and representing clients in eviction proceedings.

Common issues for international property owners include miscalculated deadlines, invalid or late termination notices, and incomplete procedural steps. We ensure that your tenancy-related disputes in Turkey are resolved efficiently, without delay, and without unnecessary legal risk — guiding you throughout the entire termination and eviction process.

No matter where you live, our dedicated team provides rapid, precise, and legally sound assistance, ensuring that your rights as a lessor in Turkey are fully protected.

Contact Us for Fast, Secure, and Legally Reliable Support