Rental Agreements and Tenant-Landlord Rights in Alanya

In Alanya, both foreign tenants and foreign owners renting out their property are subject to the lease provisions of the Turkish Code of Obligations. On the subject of rental agreements and tenant-landlord rights in Alanya, the most commonly confused points are the deposit, the rent increase cap and the eviction rules. At Rufina Taştan Law Office we advise on these matters in Turkish and Russian. This guide summarises the essential rules to know before signing a lease; we recommend confirming the current rate and conditions in each specific case.

Why the Lease Should Be in Writing

Oral rental agreements can be legally valid, but they are weak on proof. A written contract prevents later disputes because it clearly sets out the rent, the payment day, the deposit, the term and each party's obligations. In addition, a notarised lease is often required as proof of address when foreigners apply for a residence permit. Before signing, make sure the Turkish text has been accurately translated into a language you understand.

Deposit: Maximum Three Months' Rent

Under the Turkish Code of Obligations, the deposit in residential and roofed-workplace leases may be at most three months' rent. Any demand above this is legally invalid and the excess can be reclaimed. The law also requires a cash deposit to be held in a bank account from which it cannot be withdrawn without the consent of both parties. When the property is handed back at the end of the lease in line with the contract and without damage, the deposit is returned; for the landlord to make a deduction there must be genuine damage or an unpaid debt.

Rent Increase: The TÜFE-Based Cap

The basic rule for rent increases is that the increase cannot exceed the twelve-month average of the TÜFE (consumer price index) for the previous rental year. The 25% ceiling applied for a period ended on 1 July 2024, and increases are again tied to the TÜFE average. The key points are:

• Rent can, as a rule, be increased only once a year and only at the contract renewal period.
• The landlord may apply a lower rate but cannot demand an increase above the TÜFE average without a court decision.
• Clauses in the contract that exceed the legal limit are not binding.

Because TÜFE rates change every month, you must use the twelve-month average in force on your renewal date.

The Five-Year Rent Determination Rule

When the tenancy reaches five years, either party may file a 'rent determination lawsuit'. In this case the court can reset the rent not limited to TÜFE alone but in light of comparable local rents, the property's condition and principles of equity. This route lets both landlord and tenant restore balance for rents that have not been updated for a long time.

Eviction: When Can a Landlord Remove a Tenant?

Under Turkish law the tenant has strong protection, and a landlord cannot remove a tenant at will or without grounds. Refusing the lawful increase alone is not a ground for eviction. Eviction rests only on specific legal grounds and usually requires a court or enforcement process:

• A genuine need of the landlord or close relatives to use the dwelling.
• Non-payment of rent and eviction following a proper formal notice.
• A written eviction undertaking given by the tenant.
• A new owner asserting need under the conditions set out in law.
• Just causes such as breach of contract or damage to the property.

Pressure to evict outside these grounds is unlawful; both the tenant and the landlord must act in accordance with proper procedure to exercise their rights correctly.

Your Rights as a Foreign Tenant or Owner

Foreign tenants enjoy the same protection as Turkish citizens under the Turkish Code of Obligations; the deposit limit, the increase cap and eviction protection apply equally. For foreign owners renting out property, a proper contract, a secure deposit arrangement and taxation of the rental income earned (an annual income tax return) all matter. For both sides, the safest route is to structure the contract and process lawfully before any dispute arises.

Mediation and the Litigation Route in Rental Disputes

For disputes arising from a tenancy — including eviction, rent determination and payment claims — applying to a mediator before filing a lawsuit is, as a rule, a mandatory precondition to litigation. Mediation lets the parties resolve the matter by agreement far faster than court; if no agreement is reached, the case proceeds to court. Keeping a written contract, payment records and formal notices in order from the very start strengthens your position both in mediation and in court. For foreign parties, proper translation of documents and correctly notified service addresses are also important.

Frequently Asked Questions

What is the maximum deposit in Alanya?

In residential and roofed-workplace leases the deposit is at most three months' rent. Any excess is legally invalid and can be reclaimed.

Can the landlord raise the rent as much as they want?

No. The increase cannot exceed the twelve-month TÜFE average for the previous rental year. After the 25% ceiling ended in mid-2024, the measure is again the TÜFE average. Higher increase clauses in the contract are not binding.

Will I be evicted if I refuse an increase above the legal limit?

No. Refusing an excessive increase alone is not a ground for eviction. The landlord must rely on one of the grounds listed in law to evict.

Does my lease need to be notarised?

It is not required for validity, but a notarised lease is an advantage for proof and for a residence permit application. What is essential is that the content is accurate and in a language you understand.

Do I have to pay tax on my rental income?

Rental income earned in Türkiye is, as a rule, taxable and may require an annual return. For foreign owners, correct declaration prevents future penalty and interest risk.

Free Initial Consultation

Getting legal advice before signing a lease or entering a rental dispute in Alanya protects both tenant and landlord. At Rufina Taştan Law Office we provide service in Turkish and Russian. For a free initial consultation, reach us by phone or WhatsApp at +90 538 838 63 66, or write to info@avrufinatastan.com. Our office is on Keykubat Boulevard, Güllerpınarı district, Alanya.