Buying a Tenanted Property in Türkiye: What the New Owner Inherits and How Possession Can, and Cannot, Be Obtained Under TBK 310 and 351

What happens to the lease when you buy a tenanted property in Türkiye, and can you get possession? The lease continues and you become its landlord: under Article 310 of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu, TBK), if the leased property changes hands for any reason after the contract is made, the new owner becomes a party to the lease contract, with the provisions on expropriation reserved. Possession does not come with the title: where a need for housing or a workplace compels use, Article 351 gives two lawsuit routes, namely written notice to the tenant within one month starting from the date of acquisition and a lawsuit six months later, or a lawsuit within one month starting from the end of the contract term.

This guide is for foreign buyers and investors looking at let flats, offices and shops in Türkiye. It follows the text of the legislation and does not describe court practice or tax.

1. What Does Article 310 Do to a Lease When the Property Is Sold?

It keeps the lease in place and changes the landlord. Article 310, on the change of hands of the leased property (kiralananın el değiştirmesi), has two sentences:

• Sözleşmenin kurulmasından sonra kiralanan herhangi bir sebeple el değiştirirse, yeni malik kira sözleşmesinin tarafı olur. If the leased property changes hands for any reason after the contract is made, the new owner becomes a party to the lease contract.
• Kamulaştırmaya ilişkin hükümler saklıdır. The provisions on expropriation are reserved.

“For any reason” (herhangi bir sebeple) is not limited to a sale, and the Article asks for no new contract and no consent from the tenant. Under Article 311, the same rules apply by analogy (kıyas yoluyla) if, after the contract is made, a third person acquires a real right over the property that affects the tenant's right.

Article 310 leaves gaps. It does not say how the tenant is told of the sale, who keeps rent that fell due before the transfer, or what becomes of rent paid to the seller in advance. Put those points in the sale contract and, as a cautious step, in a written notice to the tenant from buyer and seller.

2. What Does the New Owner Inherit With the Lease?

The contract as it stands: its rent, its term and the landlord's obligations, within the limits the Code sets.

• Rent and increases. An agreement on the rent for a renewed lease period is valid provided it does not exceed the change in the twelve-month averages of the consumer price index for the previous lease year, including in leases longer than one year (Art. 344(1)). In a lease longer than five years or renewed after five years, and at the end of every five years after that, the judge sets the rent for the new lease year, whether or not the parties have agreed, having regard to the consumer price index change, the condition of the premises and comparable rents (Art. 344(3)); see our guide to the rent determination lawsuit.
• Foreign-currency rent. Subject to Law No. 1567, no change may be made until five years have passed, with Article 138 on excessive difficulty of performance reserved (Art. 344(4)). Whether the currency clause is valid is a separate check under Law No. 1567.
• Condition of the premises. The landlord must keep the premises fit for the intended use throughout the contract; for housing and roofed workplaces this may not be changed against the tenant (Art. 301).
• Limits on the contract. Apart from setting the rent, no change may be made against the tenant (Art. 343). The tenant may not be given a payment obligation beyond the rent and ancillary costs, and agreements on a penalty for late rent, or on later rent falling due at once, are invalid (Art. 346).

So far as necessary for a sale, the tenant must allow the landlord and a third person the landlord names to view the premises (Art. 319(2)), on notice an appropriate time ahead (Art. 319(3)). For the wider checks, see our guide to real estate due diligence.

3. Who Holds the Deposit After the Sale?

Article 342 does not mention a sale, so the answer starts with how the deposit was handled. In housing and roofed workplace leases, a deposit agreed in the contract may not exceed three months' rent (Art. 342(1)). The tenant pays agreed cash into a time savings account and deposits agreed securities with a bank, not to be withdrawn without the landlord's approval. The bank may give the deposit back only on both parties' consent, on the finalisation of an enforcement proceeding or on a finalised court judgment (Art. 342(2)).

If it was banked, ask for the bank record before completing. Unless the landlord notifies the bank in writing, within three months after the lease ends, of a lawsuit about the lease or an enforcement or bankruptcy proceeding against the tenant, the bank must return the deposit on the tenant's request (Art. 342(3)).

If the deposit was handed to the seller, neither Article 310 nor Article 342 says in terms who must return it. State in the sale contract the amount, whether it is deducted from the price and who answers to the tenant when the lease ends. See our guide to rental deposits.

4. Can a New Owner Simply Tell the Tenant to Leave?

No. In housing and roofed workplace leases the landlord may not end the contract by relying on the end of the term (Art. 347(1)), the provisions on ending a lease by a lawsuit may not be changed against the tenant (Art. 354), and the buyer is a party to that same lease (Art. 310). Articles 347 and 354 do not apply where premises meant by their nature for temporary use are let for six months or less (Art. 339(1)). The exits the Code leaves are these:

• a lawsuit on the need of the new owner (Art. 351);
• a lawsuit on the landlord's need or for rebuilding works (Art. 350);
• the grounds arising from the tenant (Arts. 352, 315, 316);
• the ten-year rule: after the ten-year extension period, notice without a reason at least three months before the end of each following extension year (Art. 347(1)); in an indefinite lease, a termination notice under the general provisions once ten years have passed from its start (Art. 347(2));
• termination where the general provisions allow it (Art. 347(3)), or an agreement with the tenant.

A termination notice must be in writing to be valid (Art. 348). Article 347 says nothing about restarting on a sale, so read the start date and the extensions from the lease, not from the purchase date.

5. Article 351 to the Last Word: The New Owner's Two Routes

Article 351, on the need of the new owner (yeni malikin gereksinimi), has two paragraphs:

• Paragraph 1: Kiralananı sonradan edinen kişi, onu kendisi, eşi, altsoyu, üstsoyu veya kanun gereği bakmakla yükümlü olduğu diğer kişiler için konut veya işyeri gereksinimi sebebiyle kullanma zorunluluğu varsa, edinme tarihinden başlayarak bir ay içinde durumu kiracıya yazılı olarak bildirmek koşuluyla, kira sözleşmesini altı ay sonra açacağı bir davayla sona erdirebilir. The person who later acquires the leased property may, if there is a necessity to use it because of a need for housing or a workplace for themselves, their spouse, descendants, ascendants or other persons they are legally bound to support, end the lease contract by a lawsuit filed six months later, on condition of notifying the tenant in writing within one month starting from the date of acquisition.
• Paragraph 2: Kiralananı sonradan edinen kişi, dilerse gereksinim sebebiyle sözleşmeyi sona erdirme hakkını, sözleşme süresinin bitiminden başlayarak bir ay içinde açacağı dava yoluyla da kullanabilir. If they wish, the acquirer may also use the right to end the contract because of need by a lawsuit filed within one month starting from the end of the contract term.

The Article does not list resale, an investment plan or a higher rent, and whether the necessity to use (kullanma zorunluluğu) exists on the facts is for the court.

Two gaps matter. Article 351 does not define the date of acquisition (edinme tarihi); for a purchase, the land registry documents are the record from which to identify it. And paragraph 1 says “six months later” (altı ay sonra) without saying from what. The cautious course is to count from the day the notice reached the tenant rather than from the date of acquisition. The paragraph states no last date for that lawsuit, so have the calendar checked.

Article 351 states no exception for a buyer abroad: have the notice drafted before completion and sent on or after the date of acquisition by a representative under a power of attorney, in a form that proves the date.

If the month passes without notice, the condition in paragraph 1 is not met. Paragraph 2 carries no such condition, but it runs from the end of the contract term and does not say how it works for a lease of indefinite duration or for a lease extended under Article 347(1). Under Article 353, where the landlord has told the tenant in writing, at the latest within the filing period, that a lawsuit will be brought, the filing period is deemed extended by one lease year.

Article 351 does not mention companies, and how “themselves” and “workplace” apply to a company buyer is for the court: see our guide to buying through a company or personally. For the lawsuit itself, see our guide to evicting a tenant for own need.

6. Articles 350 and 355: Renovation Plans and the Ban on Re-Letting

As a party to the lease, the new owner is the landlord for Article 350 as well. It covers the same need (Art. 350, item 1) and the case where substantial repair, extension or alteration is necessary for rebuilding or development and use of the premises during the works is impossible (Art. 350, item 2); an investor's refurbishment plan has to meet both conditions. The lawsuit is filed within one month starting from the end of the term or, in an indefinite lease, from the date found under the general termination rules (Arts. 328, 329).

Possession has a consequence. A landlord who has had the premises vacated on the ground of need may not, without just cause, let them to anyone but the former tenant until three years have passed (Art. 355(1)). Article 355(2) sets a three-year rule and a right of priority for the former tenant after rebuilding. Breach means compensation of not less than one year's rent as paid in the last lease year (Art. 355(3)).

7. What If the Tenant Has Signed an Undertaking or Is in Breach?

Then the grounds arising from the tenant may be open, and the buyer checks who gave what to whom, and when.

• Undertaking (Art. 352(1)): if the tenant, after delivery, undertook in writing to the landlord to vacate on a set date and has not, the landlord may end the contract by applying to enforcement or filing a lawsuit within one month starting from that date.
• Two warnings (Art. 352(2)): two justified written warnings caused by unpaid rent, within the period the paragraph sets, allow a lawsuit within the month shown in Section 10.
• Tenant's own home (Art. 352(3)): if the tenant, or the spouse living with the tenant, has a home fit to live in within the same district or town municipal limits and the landlord did not know this when the contract was made, the landlord may end the contract by a lawsuit within one month starting from the end of the contract.
• Unpaid rent (Art. 315): for rent or an ancillary cost that fell due after delivery, the landlord may give a written period, at least thirty days for housing and roofed workplaces, running from the day after the written notice, and state that the contract will be terminated if it is not paid.

These provisions speak of “the landlord”. Where the undertaking was given to the seller, or the warnings came from the seller, they do not say how the sale affects the position, and Article 352(3) does not say whose knowledge counts after a sale. Article 310 is the starting point; the rest, if disputed, is for the court. See our guide to eviction undertakings.

The Enforcement and Bankruptcy Law No. 2004 (EBL) has its own track in Articles 269 to 269/c (unpaid rent) and 272 to 275 (written lease). Do not assume the latter fits an ordinary let flat: Article 272 speaks of a lease whose term has ended, while Article 347(1) TBK bars relying on the end of the term. Article 352(1) TBK allows applying to enforcement without naming the EBL Article for it, so have that route confirmed before relying on it.

8. Is Mediation Required Before an Eviction Lawsuit?

Yes for a lawsuit. Under Article 18/B(1)(a) of Law No. 6325 on Mediation in Civil Disputes, having applied to a mediator before filing is a condition of the lawsuit (dava şartı) for disputes arising from the lease relationship, with the provisions on eviction of leased immovables through enforcement without a judgment under Law No. 2004 excepted.

• A lawsuit filed without applying to a mediator is dismissed on procedural grounds (Art. 18/A(2)).
• The mediator concludes the application within three weeks of appointment, extendable by a maximum of one week in compelling cases (Art. 18/A(9)).
• From the application to the office until the final minutes, limitation is suspended and a time-bar period (hak düşürücü süre) does not run (Art. 18/A(15)). Apply inside the deadline and count what remains.
• These rules do not apply where a special law requires arbitration or another alternative route, or where there is an arbitration agreement (Art. 18/A(18)).

The lawsuit goes to the civil court of peace (sulh hukuk mahkemesi) whatever the value in dispute, eviction through enforcement without a judgment again set apart (Code of Civil Procedure No. 6100, Art. 4(1)(a)).

9. Annotated Leases, Auctions and Let Shops

Annotated leases. The contract may provide for the tenant's right to be annotated in the land register (TBK Art. 312). Under Article 1009 of the Turkish Civil Code No. 4721, rights from lease contracts may be annotated, and by annotation they can be raised against holders of rights later acquired over that immovable. Article 351 does not say how an annotation affects the new owner's routes, so answer that question before signing.

Enforcement auctions. Where the property is occupied by the debtor, or by others not relying on a contract whose date before the attachment is documented by an official document, an eviction order gives fifteen days, after which they are removed and the property delivered to the buyer. A person who buys from the auction buyer after registration and before the eviction has the same right (EBL Art. 135(2)).

Let shops and offices. The section beginning at Article 339 covers roofed workplaces as well as housing, so the same rules apply to a let shop or office under a roof.

10. Side by Side: The Routes to Possession and Their Time Limits

11. Step by Step: Buying a Let Property

1. Before signing, obtain the lease, the rent and deposit records, and any undertaking or warning.
2. Read the annotations column of the land register (TBK Art. 312; TMK Art. 1009).
3. Write the gaps in Article 310 into the sale contract: rent due before transfer, advance rent and the deposit.
4. If you need the property, note the date of acquisition and give the written notice within one month starting from it (TBK Art. 351(1)).
5. Apply to the mediation office before any lawsuit (Section 8).

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Frequently Asked Questions

Does selling the property end the lease in Türkiye?

Not by itself. Under Article 310 TBK, if the leased property changes hands for any reason after the contract is made, the new owner becomes a party to the lease contract; the provisions on expropriation are reserved.

How long do I have to notify the tenant after buying?

Under Article 351(1) TBK, the written notice must be given within one month starting from the date of acquisition, and the lawsuit follows six months later. Article 351(2) separately allows a lawsuit within one month starting from the end of the contract term.

Can I buy a let flat as an investment and ask the tenant to leave?

Article 351 does not list an investment plan or resale. It requires a need for housing or a workplace, with a necessity to use the property, for you or the persons it names. Whether that necessity exists on the facts is for the court.

Can I raise the rent because I am the new owner?

Article 344 TBK does not make a change of owner a ground for a rent change. An agreement for a renewed period is valid provided it stays within the consumer price index change the Article describes; the five-year review in Article 344(3) is a separate route.

Do I have to go to mediation before suing for possession?

For a lawsuit arising from the lease relationship, yes: under Article 18/B(1)(a) of Law No. 6325, with the provisions on eviction through enforcement without a judgment under Law No. 2004 excepted. Article 18/A(18) excludes cases with an arbitration agreement.

Who gives the deposit back after the sale?

Article 342 TBK does not mention a sale. A deposit banked under Article 342(2) is released only on both parties' consent, on the finalisation of an enforcement proceeding or on a finalised court judgment. If it went to the seller, settle in the sale contract who answers to the tenant.