Regulatory & Sectoral

Türkiye’s Rent Regulations: Landlords & Tenants

Rent increase caps, TBK Arts. 344–345 and the balance of landlord and tenant rights.

1 September 2024 9 min read English
Illustration · Lex Lata

A residential rent increase in Türkiye is capped by statute: at each annual renewal, a landlord may raise the rent by no more than the 12-month average of the Consumer Price Index (TÜFE) for the previous rental year, under Article 344 of the Turkish Code of Obligations (Law No. 6098). Where the lease sets a lower increase rate, that lower rate governs — the applicable ceiling is always the lower of the two. The temporary 25% ceiling that applied to residential renewals from 11 June 2022 ended on 1 July 2024, so any renewal falling on or after that date is governed by the CPI rule alone. A demand above the ceiling has no legal effect for the excess, and refusing to pay it is not a ground for eviction.

Renting property in Türkiye is governed by clear statutory rules that balance a landlord’s return against a tenant’s need for stability. During years of high inflation, rent increases became one of the most litigated issues in Turkish civil practice — and one of the most misunderstood by foreign owners and expatriate tenants alike. This guide explains how increases are calculated, what limits apply, how a court can be asked to reset the rent, and what a tenant can do when a landlord oversteps.

The core rules sit in the Turkish Code of Obligations (Law No. 6098, “TBK”), principally Articles 344 and 345. These provisions are mandatory: parties cannot contract around them, and a clause that tries to is simply unenforceable for the part that exceeds the statutory ceiling.

When a Landlord May Increase the Rent

When a residential lease is first signed, the parties are free to negotiate the starting rent. There is no cap on the initial figure. The limits bite later — at renewal. A Turkish residential lease renews automatically for successive one-year terms unless the tenant gives notice to leave, and it is at each renewal that the landlord may raise the rent, within the statutory ceiling.

Under Article 344 of the TBK, a rent increase in a renewed period cannot exceed the 12-month average of the Consumer Price Index (TÜFE / CPI) for the previous rental year. The CPI is published monthly by the Turkish Statistical Institute (TÜİK), and it is the twelve-month average — not the single headline month-on-year figure — that sets the ceiling. In short:

  • The contract may set an increase rate, but it cannot beat the CPI ceiling.
  • If the agreed rate is lower than the CPI, the lower agreed rate governs.
  • The applicable figure is always the lower of the contractual rate and the CPI average.

What this means for you as a landlord: you do not need the tenant’s consent to apply the annual CPI increase, but you cannot exceed it, and you cannot apply it more than once a year. As a tenant: an increase demand is only valid up to the ceiling, whatever the letter says.

The 25% Cap Was Temporary — and Has Ended

To cushion tenants during a sharp spike in rents, the Turkish Grand National Assembly introduced a temporary cap of 25% on residential rent increases, in force from 11 June 2022. Where the CPI average exceeded 25%, the increase was held down to 25%.

This was always an emergency measure, not the permanent rule. The temporary 25% ceiling ended on 1 July 2024. Since that date, residential rent increases are governed again by the ordinary rule in Article 344 — that is, capped at the 12-month average CPI, with no separate percentage limit. Amendments to the TBK are published in the Resmî Gazete, and the wording of Article 344 applicable to a given renewal can be verified there and against the consolidated text of the Law.

Two points follow:

  • The 25% cap is history. For any renewal on or after 1 July 2024, do not apply 25%; apply the CPI ceiling.
  • The cap only ever applied to residential leases. Commercial (workplace) leases were never subject to the 25% limit.
Renewal periodApplicable ceiling (residential)
Before 11 June 202212-month average CPI (Article 344)
11 June 2022 – 30 June 2024Lower of CPI average and the temporary 25% cap
On or after 1 July 202412-month average CPI (Article 344) — 25% cap no longer applies

Beware of the “catch-up” trap. Some landlords whose rents lagged behind during the 25% cap years now try to demand a large one-off correction. There is no legal basis for a retroactive make-up increase — each renewal is still capped at that year’s CPI average. The only lawful route to a market-level rent is a court determination under Article 345.

Illegal Increases and Tenant Protection

A landlord cannot lawfully raise the rent mid-term or above the ceiling. If a landlord serves notice of an increase before the renewal date, or above the CPI limit, that notice has no legal effect for the unlawful portion. The tenant continues paying at the lawful rate.

Critically, a tenant cannot be evicted merely for refusing to pay an unlawful increase — even after the fixed term has expired. Turkish tenancy law is protective on this point, which surprises many foreign owners. Unlike in some jurisdictions, the mere end of the lease term does not entitle the landlord to reclaim the property. Eviction in Türkiye requires one of the specific statutory grounds, such as:

  • the landlord’s (or a close family member’s) genuine and pressing need to occupy the property;
  • reconstruction or major renovation that makes occupation impossible;
  • acquisition by a new owner who needs the home, subject to strict notice periods; or
  • the tenant’s repeated default following formal written payment warnings.

Declining an illegal demand is not one of these grounds. Where a tenant has already overpaid, the excess can be reclaimed under the principles of unjust enrichment, and claims of this kind are commonly combined with a rent-determination suit.


Court-Determined Rent Under Article 345

Either party may ask a court to fix the rent. Under Article 345 of the TBK, a rent-determination (kira tespit) lawsuit may be filed at any time. But its effect on the current rental period depends on timing: the ruling applies to that period only if the suit is filed at least 30 days before the renewal date, or the landlord gave written notice of an increase within that window. Miss the window and the new figure only bites from the following year — an expensive mistake for a landlord chasing a below-market rent.

How the judge sets the figure depends on the age of the tenancy:

  • Within the first five years: absent agreement, the court sets a fair rent in line with the property’s condition and equity, but not above the CPI ceiling.
  • After five years: the court may look to market value as well as the CPI, and may set a figure above the pure CPI rate to reflect current conditions.

In practice the court appoints an expert (bilirkişi) to value the property against comparable rents in the area, and applies a “hakkaniyet” (equity) discount to avoid shocking a long-standing tenant with the full market jump at once. This is why the five-year mark matters so much: it is the point at which a landlord who has been trapped below market by successive CPI caps can finally realign the rent — but only through the court, never by unilateral demand.

Practical Steps and Common Pitfalls

For a residential renewal today, compare two figures and take the lower:

  • The 12-month average CPI for the previous rental year; and
  • The increase rate agreed in the lease, if any.

Applying anything higher exposes the landlord to a determination claim and a refund of the excess. Beyond the arithmetic, a few practical habits decide most disputes:

  • Pay and collect rent through the bank. A transfer marked “kira – [month]” is stronger evidence than a receipt, and bank records are the simplest way to prove what was actually paid. Turkish tax rules also govern when rent must be routed through a bank or PTT rather than paid in cash — check the requirement in force before relying on cash.
  • Put notices in writing. An increase notice, an intention-to-occupy notice, or a payment warning that isn’t documented is often worthless in court. Use a notary where the stakes justify it.
  • Watch the calendar. The 30-day pre-renewal window for Article 345, and the notice periods for eviction grounds, are strict and unforgiving.
  • Work from the current statutory text. The consolidated text of the TBK is maintained on the Presidency’s official legislation database, Mevzuat Bilgi Sistemi. Check the wording in force at the renewal date rather than relying on a secondary summary — the 25% cap years are still repeated as current law across a great deal of online material.
  • Do not use lock-changes or utility cut-offs. “Self-help” eviction is unlawful in Türkiye and can expose a landlord to both civil and criminal liability. The only lawful route out is through the courts or enforcement offices.

For foreign owners who have bought property in Türkiye and manage it from abroad, the practical answer is usually a power of attorney issued to a Turkish lawyer: a properly notarised (and, if issued abroad, apostilled) power of attorney allows counsel to serve notices, receive payments into a monitored account, file an Article 345 determination and, where necessary, pursue eviction — all without the owner travelling to Türkiye. Putting one in place before a dispute starts is usually simpler than arranging it mid-litigation.

A landlord cannot evict simply because the lease “expired.” Foreign owners routinely assume the end of the term ends the tenancy — it does not. Plan any recovery of possession around a genuine statutory ground and its notice periods, rather than around the expiry of the term alone.

When the stakes are significant — a long tenancy, a disputed market valuation, a foreign-currency lease, or a threatened eviction — get the calculation and the notice reviewed before acting. Rent disputes turn on precise dates, correct notice, and correct arithmetic, and a well-documented position is easier to defend. If you are a landlord or tenant facing a contested increase or a possible eviction, seek advice from a Turkish lawyer before you commit to a position.

How a rent dispute is resolved

  1. 01

    Check the ceiling

    Compare the 12-month average CPI with any rate agreed in the lease and take the lower figure.

  2. 02

    Serve or review notice

    Put the increase demand in writing before renewal — or, as a tenant, verify the demand does not exceed the lawful ceiling.

  3. 03

    Watch the 30-day window

    File a rent-determination suit at least 30 days before renewal if you want the court's figure to apply to the current period.

  4. 04

    Court determination

    The judge sets a fair rent — within CPI in the first five years, with reference to market value after five years.

  5. 05

    Enforce or recover

    Collect the adjusted rent through documented bank payments, or reclaim any overpaid excess under unjust enrichment.

Frequently asked questions

How much can a landlord raise the rent each year in Türkiye?

For residential leases, a renewal increase cannot exceed the 12-month average of the Consumer Price Index (TÜFE) for the previous rental year, under Article 344 of the Turkish Code of Obligations. If the contract sets a lower rate, the lower rate applies.

Is the 25% cap on rent increases still in force?

No. The 25% ceiling was a temporary measure that ran from June 2022 and ended on 1 July 2024. Since then, residential increases are governed again by the ordinary CPI ceiling under Article 344.

What happens if a landlord demands an increase above the legal limit?

A notice that exceeds the CPI ceiling has no legal effect for the excess. The tenant keeps paying at the lawful rate, and any overpayment can be reclaimed under the rules on unjust enrichment.

Can a tenant be evicted for refusing an illegal rent increase?

No. Refusing to pay an unlawful increase is not grounds for eviction, even after the fixed term has expired. Eviction requires one of the specific legal grounds set out in the Turkish Code of Obligations.

Can either party ask a court to set the rent?

Yes. Under Article 345, a rent-determination lawsuit can be filed at any time. The outcome applies to the current period only if the suit is filed at least 30 days before renewal or the landlord gave timely written notice of an increase.

Does the CPI cap apply to leases denominated in foreign currency?

The annual CPI ceiling under Article 344 governs Turkish-lira residential rents. Foreign-currency rents raise separate issues, including the general rule restricting foreign-currency payment obligations between Turkish residents, so those contracts should be reviewed individually before any increase.

How do I prove what I actually paid if a dispute arises?

Always pay rent by bank transfer with a clear description (for example, the month and 'kira'). Turkish practice and case law treat consistent bank records as strong evidence of the agreed rent, the payment date, and whether an increase was ever accepted. Cash payments without receipts frequently leave a tenant unable to prove what was paid.

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