Long-Term Residential Lease, Security Deposit and Tenant Eviction Rules in Alanya (TBK Art. 339-356)

While short-term tourist rentals in Alanya are governed by Law No. 7464, long-term residential and roofed-workplace leases are governed strictly by Articles 339 to 356 of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu — TBK). Foreign property owners letting apartments in Alanya as well as expatriate tenants signing long-term residential leases must understand that Turkish tenancy law provides mandatory statutory protections that cannot be waived to the tenant’s detriment by private contract clauses.

1. Lease Duration and Automatic Annual Extension (TBK Art. 347)

Under TBK Article 347, the expiration of a fixed-term residential lease (for example, a one-year lease contract) does not automatically entitle the landlord to evict the tenant. Unless the tenant gives written notice at least 15 days before the end of the term, the lease automatically extends year by year under the same terms, and the landlord cannot terminate the lease purely on the ground of expiration until the 10-year extension period has been completed.

2. Security Deposit Rules (Güvence Bedeli — TBK Art. 342)

Under TBK Article 342, the security deposit required from a residential tenant cannot exceed three months’ rent. Where the deposit is paid in cash or negotiable securities, the statutory rule requires placing the deposit in a time-deposit savings account so that it cannot be released without the written consent of both parties, a final enforcement trace, or a final court judgment.

3. Rent Increases (TBK Art. 344) and Mandatory Mediation (Law No. 6325)

Under TBK Article 344, annual rent increases in Turkish Lira leases are capped by the 12-month average change in the Consumer Price Index (TÜFE). For leases exceeding five years, either party may file a rent determination lawsuit (kira tespit davası) to align the rent with comparable market rates. Before filing any residential lease or eviction lawsuit in Alanya Civil Court of Peace (Sulh Hukuk Mahkemesi), applying to Mandatory Mediation (Zorunlu Arabuluculuk) is a strict procedural precondition.

4. Lawful Grounds for Tenant Eviction in Alanya (TBK Art. 350–352)

A landlord in Alanya may seek tenant eviction only on specific statutory grounds, including:

• Written Eviction Undertaking (Yazılı Tahliye Taahhütnamesi — TBK Art. 352/1): A valid written undertaking signed by the tenant on a date after the lease execution and delivery of the apartment, specifying an exact vacation date.
• Non-Payment of Rent and Default (Temerrüt / İki Haklı İhtar — TBK Art. 315 & 352/2): Serving a formal 30-day statutory payment demand or two justified written notices within the same lease year.
• Genuine Housing Need of the Landlord or New Buyer (Gereksinim — TBK Art. 350–351): Bona fide residential need for the owner, spouse, descendants, or ascendants, subject to strict statutory notice deadlines and a three-year re-letting restriction (TBK Art. 355).

Frequently Asked Questions

Does a 1-year residential lease in Alanya end automatically after 12 months?

No. Under TBK Article 347, only the tenant can terminate a fixed-term residential lease at the end of the year without cause; the landlord must rely on a valid statutory eviction ground under TBK Articles 350–352.

Is an eviction undertaking signed on the exact same day as the lease contract valid?

According to established Court of Cassation (Yargıtay) jurisprudence, an eviction undertaking signed simultaneously with the initial lease agreement is generally deemed invalid due to pressure at the time of entry; it must bear a subsequent date after handover of the property.

See also our Alanya Rental Law and Tenant Eviction Lawyer page and Short-Term Rental Permit Rules for Property Owners in Alanya.