A residential rent increase in Türkiye is capped by statute: at each annual renewal, the agreed increase is valid only up to the 12-month average change in the Consumer Price Index (TÜFE) for the previous rental year, under Article 344 of the Turkish Code of Obligations (Law No. 6098). The temporary 25% ceiling covered residential renewals from 11 June 2022 up to and including 1 July 2024, so renewals from 2 July 2024 follow the CPI rule alone; after five years, a court may reset the rent with reference to comparable rents. A security deposit cannot exceed three months’ rent (Article 342), and refusing to pay an increase above the ceiling is not a ground for eviction.
Where the lease sets a lower increase rate, that lower rate governs, so the applicable ceiling is always the lower of the two. A demand above the ceiling has no legal effect for the excess.
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.
How much can a landlord raise the rent in Türkiye?
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.
Is the 25% rent cap still in force?
To cushion tenants during a sharp spike in rents, the Turkish Grand National Assembly added a temporary 25% cap on residential rent increases as provisional Article 1 of the TBK (Law No. 7409, in force from 11 June 2022), and extended it by provisional Article 2 (Law No. 7456). Under both provisions, an agreed increase was valid only up to 25% of the previous year’s rent; where the 12-month CPI average was below 25%, the CPI rate applied. The same limit bound a judge setting the rent under Article 344(2).
This was always an emergency measure, not the permanent rule. The temporary 25% ceiling covered renewals up to and including 1 July 2024. For renewals from 2 July 2024, 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 2 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 period | Applicable ceiling (residential) |
|---|---|
| 1 January 2019 to 10 June 2022 | 12-month average CPI (Article 344, as amended by Law No. 7161) |
| 11 June 2022 to 1 July 2024 (inclusive) | Lower of CPI average and the temporary 25% cap (provisional Articles 1 and 2 TBK) |
| On or after 2 July 2024 | 12-month average CPI (Article 344); the 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.
Can a tenant be evicted for refusing a rent increase?
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. Under Article 347 of the TBK, the landlord cannot end a residential lease by relying on the expiry of the term: the lease is extended for one year on the same terms unless the tenant gives notice at least 15 days before the term ends. Only after a ten-year extension period may the landlord terminate without giving a reason, by notice served at least three months before the end of each following extension year. 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 (Article 350);
- reconstruction or major renovation that makes occupation impossible (Article 350);
- acquisition by a new owner who needs the home, who must notify the tenant in writing within one month of acquisition and may then sue after six months (Article 351); or
- the tenant’s repeated default: two justified written warnings for unpaid rent within one rental year (Article 352).
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.
How much deposit can a landlord ask for in Türkiye?
Under Article 342 of the TBK, where a residential or roofed workplace lease obliges the tenant to give security, the deposit cannot exceed three months’ rent. If the security is cash or securities, the tenant pays the money into a time deposit savings account, or deposits the securities with a bank, and they cannot be withdrawn without the landlord’s consent. The bank releases the deposit only with both parties’ consent, on a finalised enforcement proceeding or on a final court judgment. If the landlord does not notify the bank in writing, within three months after the lease ends, that it has sued the tenant or started enforcement or bankruptcy proceedings in connection with the lease, the bank must return the deposit at the tenant’s request.
When does a court-set rent apply 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 new rental period depends on timing: the rent set by the court binds the tenant from the start of that period only if the suit is filed at least 30 days before the new period begins, or the landlord gave the tenant written notice of an increase within that time and files the suit before the new period ends. Where the lease itself provides for an increase in the new period, a suit filed before that period ends also applies from its start. Miss these windows and the new figure only applies from the following period, 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.
Article 344/3 requires the judge to take into account the CPI change, the condition of the property and comparable rents, and to set the figure in accordance with equity (“hakkaniyet”); because comparable rents are a technical question, the court obtains an expert (bilirkişi) opinion under Article 266 of Law No. 6100 to value the property against rents in the area. 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. Letting the same flat to tourists for short stays is a separate regime from a residential lease and needs its own permit; see short-term tourist rental permits and the unanimity requirement.
Rent is also not the only recurring charge attached to the property. The building’s maintenance charge (aidat) is fixed by the owners’ general assembly rather than by the lease, and it is governed by the Condominium Act rather than the Code of Obligations, which is why the 2026 revaluation-rate ceiling that applies to it does not work like a rent cap: see Turkish building maintenance charges and the 2026 cap.
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.
Where the occupier is not a tenant at all and pays nothing, the owner’s route lies outside the lease provisions and is set out in prevention of interference and ecrimisil.