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Renting in Turkey: the deposit in a bank account, the rent increase and the notarised lease

Turkish tenancy law protects the tenant more strongly than many newcomers think. The deposit is at most three months' rent and belongs in a bank account, not in the landlord's pocket. The annual increase is tied to inflation. And you pay the rent through the bank, otherwise tenant and landlord both risk a fine.

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How do you rent a home in Turkey, and what should you watch for? Turkish tenancy law is in the Code of Obligations, and it protects the tenant more strongly than many newcomers think. What it costs you agree with the landlord, but the law caps the deposit and the annual increase. The finding at the source is where the deposit belongs: if you give money as a deposit, you put it in a time deposit account at a bank, and the landlord may not withdraw it without your consent. The pitfall is in the payment. You pay the rent through the bank or the PTT; anyone paying cash risks a fine, even as the tenant.

What does the law say about deposit, increase and notice?

Subject Rule Article
Deposit at most three months' rent 342
Where the deposit is held money in a time deposit account at a bank, not to be withdrawn without the landlord's consent 342
Return of the deposit the bank repays you if the landlord does not report a claim within 3 months after the end 342
Annual increase no higher than the twelve-month average of the consumer price index 344
After five years the court sets the rent anew 344
Other payments none, apart from rent and ancillary costs; no penalty clauses 346
Notice by you at least 15 days before the end of the term, in writing 347, 348
Notice by the landlord not merely because the term ends 347

How does the deposit work?

The deposit is at most three months' rent. If you agree to give money as a deposit, you put it in a time deposit account at a bank. The bank only releases it if you both agree, or on the basis of a final decision by the court or the enforcement office. If the landlord does not notify the bank in writing within three months after the end of the lease that they have started a case or enforcement against you, the bank must return the deposit to you on request.

If a landlord asks you to pay the deposit directly to them, you now know the law arranges it differently. The bank account gives you the strongest position if a disagreement arises when you leave.

How high can the rent increase be?

On renewal the rent may not rise by more than the average consumer price index over the past twelve months. That also applies to contracts longer than a year. If you disagree, the court sets the rent within that same limit. After five years the court sets the rent anew, with the index, the state of the home and comparable rents. A rent in foreign currency may not be changed for the first five years, but the Turkish currency rules also apply to it.

Beyond that, the landlord may not charge you anything other than rent and ancillary costs. A penalty for late payment, or a clause making all future rent due at once, is invalid.

How do you pay the rent?

Through the bank or the PTT. According to the Turkish tax administration, landlord and tenant must document their rent payments with papers from a bank or the PTT: a transfer, a deposit, a card payment or internet banking. If you pay into the landlord's account at a bank branch, add your identity or tax number, your name and "kira ödemesi".

Paying cash costs both a fine. Anyone who does not document the payment through a bank or the PTT gets a special fine per transaction of 10 percent of the amount, with a minimum of 8,700 lira for private individuals. If you report within five working days that you paid another way after all, you as the payer don't get that fine.

Why a notarised lease?

For your residence permit. Anyone renting hands in a notarised copy of the lease with the landlord's details when applying. For a renewal, a current proof of residence from e-Devlet is added, plus an electricity, water, gas or landline bill. A contract signed only between you and the landlord is therefore not enough for the migration authority. How to arrange that address registration is in the Turkish numbers.

What else do you ask the landlord for?

The DASK policy, the compulsory earthquake insurance for homeowners. That insurance is the owner's obligation, not yours, but it tells you something about the home. Every registered home has a ten-digit address code, the UAVT code, which links the policy to the address.

If you want to buy later, that has its own procedure with the land registry; that is in living and buying in Turkey.

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What this rests on

The facts in this article come from these official pages. Rules change — when in doubt the source is leading, not this article.

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