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Turkish Court of Cassation rental law precedents

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2026-10-04 10:51 UTC → 2026-10-19 07:13 UTC · added ~~removed~~

The Turkish Court of Cassation (Yargıtay) has issued several precedent-setting rulings affecting rental agreements and tenant obligations. In one decision regarding early lease terminations, the Court overturned lower court rulings to establish that tenants must adhere to contractually agreed notice periods. In a case involving a logistics warehouse, the Court ruled that a tenant was liable for six months of rent as compensation because they vacated the premises without providing the required six-month notice stipulated in the contract. In a separate ruling concerning rent determination lawsuits, the 3rd Civil Chamber clarified the criteria for requesting rent adjustments based on market rates. The Court held that the five-year requirement for such adjustments is not necessarily reset by the signing of a new lease agreement. Instead, the court must evaluate the original commencement of the rental relationship to determine if the rent has fallen significantly below regional market averages, prioritizing principles of equity and justice. More recently, the Court clarified tenant responsibilities regarding property maintenance upon vacating a premises. Under Article 334 of the Turkish Code of Obligations, the Court ruled that tenants are not liable for wear and tear resulting from normal, proper use, such as fading paint or minor marks. While tenants may be held accountable for damage exceeding normal usage—including significant scratches or unauthorized alterations—the Court emphasized that even if a rental agreement requires the property to be returned painted, this does not automatically transfer the cost of routine aging to the tenant.

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