Lease, Power of Attorney and Eviction for a Landlord Living Abroad

1. How is a power of attorney given from abroad for rental matters, and which powers require special authorization?

The owner may handle rental matters personally or may leave them to an agent under a contract of mandate (Turkish Code of Obligations, TBK Art. 502). The scope of the agent's duties is determined by the contract of mandate and by the powers written in the power of attorney; if the scope is not stated expressly, the nature of the work is taken into account (TBK Art. 504). Suing and defending the rights of another person before courts and arbitrators, pursuing judicial proceedings and drawing up the documents relating to them belong exclusively to attorneys registered with a bar association (Attorneyship Law Art. 35/1); the owner may bring and pursue his or her own lawsuit personally (Art. 35/3).

Abroad, a power of attorney is drawn up at a Turkish consulate (Notary Law Art. 191) or before a notary of the country where the person is located. Under the Hague Convention, the competent authority of the State in which a foreign notarial document was issued attaches an apostille to it; the apostille is the only formality that may be required to certify the authenticity of the signature (1961 Hague Convention Arts. 3-5). The Convention does not cover documents drawn up by diplomatic or consular officers (Art. 1/3).

For acts such as filing a lawsuit, settlement, referring a dispute to arbitration, waiver, admission of the claim, appointing a substitute and resorting to alternative dispute resolution methods, the power of attorney must contain a special authorization (TBK Art. 504/3; Code of Civil Procedure, HMK Art. 74).

The following headings may appear separately in a power of attorney given for rental matters:

entering into, renewing and amending the lease agreement; notices of increase and termination, and sending a formal notice through a notary (Notary Law Art. 60/7);

collection of rent and ancillary expenses, the rental security, taking delivery of the leased property and handing it back; enforcement proceedings, eviction requests, filing and conducting lawsuits;

applying to mandatory mediation and entering into a settlement (see section 6 for who may attend the meetings).

2. Must a lease agreement be in writing, and what is the maximum amount of the deposit (rental security)?

The law does not lay down a general requirement of written form for a lease agreement (TBK Art. 12). In leases of residential and roofed business premises, however, a notice of termination (Art. 348), a written undertaking to vacate (Art. 352/1) and the landlord's consent to a sublease and to the transfer of the right of use (Art. 322/2) are subject to written form.

In leases of residential and roofed business premises, no payment obligation other than rent and ancillary expenses may be imposed; agreements providing that a contractual penalty will be payable, or that subsequent rent payments will fall due, if the rent is not paid on time are invalid (TBK Art. 346).

If the tenant is obliged by the contract to provide security in the same kinds of leases, this security may not exceed three months' rent (TBK Art. 342/1). If the security is to be given in money, the tenant deposits it in a term savings account at a bank, not to be withdrawn without the landlord's approval (Art. 342/2). The bank returns the security only with the consent of both parties, once enforcement proceedings have become final, or on the basis of a final court judgment. If the landlord has not notified the bank in writing, within three months after the end of the contract, that he or she has filed a lawsuit against the tenant relating to the lease agreement or has initiated enforcement or bankruptcy proceedings, the bank is obliged to return the security at the tenant's request (TBK Art. 342).

3. What is the maximum rent increase, and how is the rent determined?

In a renewed lease period, the rent is determined by agreement between the parties; the agreed increase may not exceed the twelve-month average rate of change of the Consumer Price Index (TÜFE) in the previous lease year, and this rule also applies to contracts with a term longer than one year (TBK Art. 344/1).

If there is no agreement, the judge determines the rent, not exceeding the same rate, according to equity and taking the condition of the leased property into account (Art. 344/2).

In contracts with a term longer than five years, in contracts renewed after five years and at the end of every five years, the judge determines the rent for the new lease year, whether or not there is an agreement. In making this determination the judge decides in an equitable manner, taking into account the TÜFE rate, the condition of the leased property and comparable rents (Art. 344/3).

If the rent has been agreed in a foreign currency, subject to the provisions of Law No. 1567, the rent cannot be changed until five years have passed; TBK Art. 138 (excessive difficulty of performance) is reserved. After five years, the judge determines the rent, also taking changes in the value of the foreign currency into account (Art. 344/4). Persons resident in Turkey (Türkiye) cannot agree on the rent in foreign currency, or index it to foreign currency, in lease agreements among themselves (Decision No. 32 on the Protection of the Value of the Turkish Currency, Art. 4/g); for an owner living abroad the result has to be assessed separately.

The temporary 25% cap on rent increases in residential leases (TBK provisional Arts. 1 and 2) applied, at the latest, to periods renewed up to and including July 1, 2024. The current text of the TBK contains no additional temporary cap for the period after that date.

If the lawsuit for determining the rent was filed at least thirty days before the start of the new period, or if the landlord notified the increase in writing within that period, the rent determined in a lawsuit filed up to the end of the following new lease period binds the tenant from the beginning of the new period (TBK Art. 345/1-2). Applying to mediation before this lawsuit, too, is a condition for filing suit (section 6).

4. What routes are followed if the tenant does not pay the rent, and what are the time limits?

If the tenant fails to pay the rent or an ancillary expense, the landlord may, under TBK Art. 315, set a written time limit and give notice that the contract will be terminated, or may start enforcement proceedings without a judgment under Enforcement and Bankruptcy Law (İİK) Art. 269 et seq.

1. On the termination route, the written notice is given for the amount left unpaid after delivery of the leased property; the period is at least ten days, and at least thirty days for residential and roofed business premises, and starts to run on the day following the date on which the written notice was given (TBK Art. 315). On the route of enforcement without a judgment, the notice is contained in the payment order (İİK Art. 269).

2. If the creditor lives in a foreign country, the enforcement request states the place of residence he or she designates in Türkiye; if he or she cannot designate one, the place where the enforcement office is located is deemed the place of residence (İİK Art. 58). If eviction is also requested, this request must be included in the enforcement request (İİK Art. 269).

3. The debtor must state the grounds of objection within seven days from the service of the payment order (İİK Arts. 62, 269). The seven days are only the period for objection; the period for payment is separate.

4. If no objection is made and the debt is not paid within the notice period, the Enforcement Court orders eviction at the creditor's request within six months after the end of the notice period (Art. 269/a).

5. If an objection is made, the proceedings stop. If the debtor denies the contract or his or her signature, a creditor relying on a contract drawn up by a notary or with a notarized signature may ask the Enforcement Court to lift the objection and order eviction (Art. 269/b). A creditor who does not ask for the objection to be lifted within six months from the service of the objection cannot start enforcement proceedings without a judgment again for the same claim (Art. 269).

6. The creditor may also file an action to set aside the objection within one year from the service of the objection (Art. 67); for this, mediation is applied to first (section 6).

5. Can the landlord remove the tenant when the lease term ends, and on what grounds can eviction be requested?

In leases of residential and roofed business premises, a fixed-term contract is deemed extended for one year on the same terms unless the tenant gives notice at least fifteen days before the end of the term; the landlord cannot end the contract on the basis of the expiry of the term. At the end of the ten-year extension period, the landlord may terminate the contract without giving a reason, provided that notice is given at least three months before the end of each extension year following that period (TBK Art. 347/1).

Apart from this, eviction can be requested on the grounds and within the time limits laid down by law; the provisions on termination through a lawsuit cannot be changed to the tenant's detriment (TBK Art. 354). The main grounds other than default in payment (section 4) are the following:

Written undertaking to vacate (Art. 352/1): if the tenant, after delivery of the leased property, has undertaken in writing to vacate it on a certain date and has not vacated it, the landlord may end the contract within one month starting from that date, by applying to the enforcement office or by filing a lawsuit. On the enforcement route, the tenant may object within seven days from the service of the eviction order, and the objection stops the proceedings (İİK Art. 274).

Two justified notices (Art. 352/2): if the tenant, by failing to pay the rent, has given cause for two justified written notices, the landlord may file a lawsuit. The notices must have been given within the lease term in contracts of less than one year, and within one lease year or a period exceeding one lease year in contracts of one year or longer. The lawsuit is filed within one month starting from the end of the lease term or, in leases longer than one year, from the end of the lease year in which the notices were given.

Need (Art. 350/1) and reconstruction or development (Art. 350/2): the landlord may file a lawsuit if he or she is obliged to use the leased property as a residence or business premises for himself or herself, his or her spouse, descendants, ascendants or persons whom he or she is legally obliged to support, or if, for the purpose of reconstruction or development of the leased property, substantial repair, extension or alteration is necessary and use is impossible while this work is carried out. The lawsuit is filed within one month starting from the end of the term in fixed-term contracts, and in indefinite-term contracts from the date determined in compliance with the termination period and notice periods.

New owner (Art. 351): a person who subsequently acquires the leased property, if he or she is under a necessity to use it because of need, may file a lawsuit after six months, provided that he or she notifies the tenant of the situation in writing within one month starting from the date of acquisition; if he or she wishes, he or she may also file the lawsuit within one month starting from the end of the contract term.

If the landlord has notified the tenant in writing, within the time limit for filing suit, that he or she will file a lawsuit, the time limit for filing suit is deemed extended for one lease year (TBK Art. 353). A property vacated because of need cannot, without a justified reason, be leased to anyone other than its former tenant until three years have passed; in case of violation, compensation of not less than one year's rent paid in the last lease year is payable (TBK Art. 355).

6. Is it mandatory to apply to mediation before filing a rent lawsuit, and in which court is the lawsuit filed?

Yes. In disputes arising from a lease relationship, having applied to a mediator before filing suit is a condition for filing suit (Law on Mediation in Civil Disputes, HUAK Art. 18/B/1-a); the competent court is the civil court of peace (sulh hukuk mahkemesi), irrespective of the value or amount of the subject matter of the lawsuit (HMK Art. 4/1-a). The provisions on the eviction of leased properties through enforcement proceedings without a judgment (İİK Art. 269 et seq., 272 et seq.) are outside this rule. There is no exclusive territorial jurisdiction rule; the lawsuit may be filed at the court of the defendant's place of residence (HMK Art. 6) or at the court of the place where the leased property is located, that is, the place of performance of the contract (HMK Art. 10); the application to mediation is made to the mediation office at the seat of the competent court (HUAK Art. 18/A/4).

The mediator concludes the mediation within three weeks from the date of appointment and may extend this period by at most one week in compulsory cases (HUAK Art. 18/A/9). The final record is attached to the statement of claim; if it is not attached, a peremptory period of one week is given (Art. 18/A/2). A lawsuit filed without any application to a mediator is dismissed on procedural grounds without any time limit being granted.

From the application until the final record, the limitation period is suspended and the peremptory period does not run (HUAK Arts. 16/2, 18/A/15).

The parties may attend mediation meetings themselves, through their legal representatives or through their attorneys (HUAK Art. 15/6); participation by an agent who is not an attorney is not separately listed in the text of the law.

If a Turkish citizen who has no habitual residence in Türkiye files a lawsuit or starts enforcement proceedings, suitable security is provided to cover the likely litigation costs of the defendant (HMK Art. 84/1-a). Security cannot be requested in cases such as where the plaintiff benefits from legal aid, where he or she has immovable property in Türkiye sufficient to cover the security, or where enforcement proceedings with a judgment are brought (Art. 85/1). The rule that applies to owners who are foreign nationals is not covered in this article.

Frequently asked questions

How is a power of attorney given from abroad for a home in Türkiye?

Abroad, a power of attorney is drawn up at a Turkish consulate or before a notary of the country where the person is located. For a document drawn up before a foreign notary, under the Hague Convention, the competent authority of the State in which it was issued attaches an apostille; this is the only formality that may be required to certify the authenticity of the signature. Documents drawn up by diplomatic or consular officers are not covered by this Convention. According to the Notary Law, powers of attorney which by their nature require a transaction to be made at the land registry are made in the form of notarial drawing-up (düzenleme). The procedure in countries that are not party to the Hague Convention is not covered in this article. (Notary Law Arts. 191, 89; 1961 Hague Convention Arts. 1/3, 3-5)

What is the maximum rent increase, and does the 25% cap still continue?

The increase agreed for a renewed period may not exceed the twelve-month average rate of change of the Consumer Price Index (TÜFE) in the previous lease year. In contracts with a term longer than five years, in contracts renewed after five years and at the end of every five years, the judge determines the new rent, whether or not there is an agreement, also taking comparable rents into account. The temporary 25% cap in residential leases applied to periods renewed up to and including July 1, 2024; the current text of the TBK contains no additional temporary cap for the period after that. (TBK Art. 344; TBK provisional Arts. 1 and 2)

What can the landlord do if the tenant does not pay the rent?

The landlord may give the tenant a written time limit and give notice that the contract will be terminated if payment is not made within that time, or may start enforcement proceedings without a judgment. For residential and roofed business premises the payment period is at least thirty days. On the enforcement route, the debtor must state the grounds of objection within seven days from the service of the payment order; these seven days are not a payment period but the period for objection. If no objection is made and the debt is not paid within the notice period, the Enforcement Court orders eviction at the creditor's request within six months after the end of the notice period. (TBK Art. 315; İİK Arts. 62, 269, 269/a)

Can the landlord remove the tenant when the lease term ends?

In leases of residential and roofed business premises, the expiry of the term is not in itself a ground for eviction. A fixed-term contract is extended for one year on the same terms unless the tenant gives notice at least fifteen days before the end of the term. At the end of the ten-year extension period, the landlord may terminate the contract without giving a reason by giving notice at least three months before the end of each extension year following that period. Grounds for eviction such as need, a written undertaking to vacate and two justified notices are regulated separately. (TBK Arts. 347/1, 350, 352)

Is it mandatory to apply to mediation before filing a rent lawsuit?

Yes. In disputes arising from a lease relationship, having applied to a mediator before filing suit is a condition for filing suit. The eviction of a leased property through enforcement proceedings without a judgment under the Enforcement and Bankruptcy Law is outside this rule. The mediator concludes the mediation within three weeks from the date of appointment and may extend this period by at most one week in compulsory cases. The final record is attached to the statement of claim. A lawsuit filed without any application to a mediator is dismissed on procedural grounds without any time limit being granted. The competent court is the civil court of peace (sulh hukuk mahkemesi), irrespective of the value or amount of the subject matter of the lawsuit. (HUAK Art. 18/B/1-a, 18/A/9, 18/A/2; HMK Art. 4/1-a)

This article has been prepared in accordance with the legislation as of October 28, 2026. The firm's other articles can be found on the Publications page.

Çebi Hukuk & Danışmanlık is a law firm founded in 2019, located in Bakırköy, Istanbul, and works in Turkish, English, Spanish and Arabic. The services for owners living abroad are described on the Property Management page. The firm's work in the field of real estate law is described in the Real Estate Law section of the Practice Areas page. For your questions, you can use the information on the Contact page.

This article is a general assessment prepared in accordance with the legislation in force on its date of publication; it does not constitute a legal opinion. This English text is a translation of the Turkish original; in case of any discrepancy, the Turkish version prevails.