Tenant Rights in Turkey When Property Is Sold

Key Questions: Tenant Rights When Rented Property Is Sold

❓ Question: What rights will a tenant have if the rented property is purchased by a third party during the term of the contract?

✍🏽📚 Answer:

📌 The answer to this question is provided by Article 310 of the Turkish Code of Obligations and Article 311 of the TCO. As a general rule, if after the conclusion of a lease agreement real estate is transferred to another person, the new owner becomes a party to the existing lease agreement. For the tenant, this means one key thing: the mere sale of an apartment, office, or other property does not terminate the lease.

📘 The easiest way to understand this is through an example. Suppose a tenant rents an apartment for one year, pays rent regularly, and after four months the owner sells it to another person. In this situation, the new owner cannot simply declare that the old contract is no longer valid. On the contrary, they step into the existing agreement and assume the rights and obligations of the previous landlord. This is how Article 310 of the TCO works.

⚖️ Article 311 of the TCO also protects the tenant in similar situations where, after the contract is signed, a third party’s right arises that could affect the lease. The practical meaning here is the same: the tenant’s position should not automatically be disrupted just because a new right holder appears.

🧾 In practice, tenants are most often concerned about something else: whether the new owner can demand that the property be vacated for their own use. Here, it is important to consider not only Articles 310 and 311 of the TCO, but also Article 351 of the TCO. If the new owner genuinely needs the property for their own residence, or for their spouse, children, parents, or other dependents, they may use a special legal basis to request eviction. However, this does not grant the right to immediate eviction.

🔍 Example: the apartment was purchased on March 1. On March 20, the new owner sends the tenant a notarized notice stating that the apartment is needed for personal use. Even in this case, the tenant is not required to move out immediately. The new owner must follow the procedure: send the notice within one month from the date of purchase and then wait for a six-month period. Only after that can they legally request the property to be vacated. If the one-month notice period is missed, their position becomes weaker.

📎 It is also important to consider cases of forced disposition. If the property is seized, expropriated, or sold through an enforcement procedure, the tenant must check whether ownership has actually changed and who is now considered the legal landlord. In such situations, documents are decisive, not rumors or verbal statements.

🏠 The key takeaway for tenants: the sale of the property does not automatically mean losing the home or premises. The new owner cannot unilaterally change the terms of the contract, demand immediate eviction, or ignore the tenant’s existing rights. Therefore, when ownership changes, it is wise to keep the lease agreement, payment receipts, and carefully review any notarized notices.

Final Conclusion

🔎 As a general rule, after the sale of rented real estate, the tenant retains their rights, and the new owner simply takes the place of the previous landlord under the existing contract according to Article 310 of the TCO. The real risk of early eviction arises not from the sale itself, but only when the new owner uses a special legal procedure, particularly under Article 351 of the TCO, and complies with the legally established deadlines and requirements.

About RestProperty

🏢 The company RestProperty has been operating in the Turkish real estate market for more than 20 years, providing a full range of services for buyers, investors, and tenants.

📌 We offer not only property sales but also a professional rental department that ensures safe and transparent rental of housing.

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