Buying a Tenanted Apartment in Turkey: What to Check Before Paying a Deposit

Buying a tenanted property in Turkey can suit a rental investor, but it needs a different set of checks from buying an empty apartment. Before paying a purchase deposit, establish what tenancy you will inherit, what income is actually being paid and whether your plans depend on the tenant leaving.

If you need a home by a fixed date, the most important question is simple: will the apartment be legally and physically vacant before you complete, or are you accepting the uncertainty of obtaining possession afterward? A seller's assurance that “the tenant will leave” is not enough to build a purchase around.

Buying a tenanted property in Turkey: start with your reason for buying

What happens to the tenancy when the apartment is sold?

Under Article 310 of the Turkish Code of Obligations (TBK), the new owner becomes a party to the existing lease when the rented property changes hands. The sale itself does not terminate the tenancy. For residential leases, Article 347 also means that reaching the stated end date does not, by itself, give the landlord a right to end the lease. These are essential starting points for understanding tenant rights after a property sale in Turkey. See the official TBK text, Articles 310 and 347.

Ask your lawyer to review the original tenancy and subsequent changes together. A fresh document offered by the seller may leave out earlier terms, concessions or disputes. Establish who actually occupies the apartment and whether their position matches the paperwork.

Request the tenancy file before the purchase deposit

Ask for these documents early enough to resolve discrepancies before money becomes committed:

• The complete lease: all signed pages, original start date, agreed term, renewals, amendments, inventories and any side agreements.
• Payment evidence: a rent ledger supported by bank records or receipts, showing amounts, payment dates, arrears and advance payments.
• The current rent calculation: the latest increase, its effective date and the contractual and legal basis used.
• Security-deposit evidence: amount, currency, receipt, account details where relevant, and any deductions already claimed.
• Dispute documents: notices and proof of service, mediation records, court or enforcement files, and repair complaints.
• Any promise to leave: the original document, signatures, signing circumstances and agreed departure date.
• Building accounts: current aidat charges, arrears, approved major works and responsibility for payments.

With appropriate arrangements, confirm the main tenancy facts with the tenant rather than relying only on the seller's summary. Keep personal information limited to what the transaction needs. Arrange any inspection respectfully through the proper parties; occupation is not permission to enter whenever a buyer wishes.

Run these checks alongside the title, building and physical checks in our Istanbul apartment viewing checklist.

If you want to move in, understand the six-month rule

Article 351 provides a route for a new owner who needs the property for themselves, their spouse, descendants, ascendants or other people they are legally obliged to support. Under its first route, the owner must notify the tenant in writing within one month of acquisition and may bring a needs-based termination case after six months from acquisition. Six months is not a guaranteed date for receiving the keys. The legal conditions, evidence and procedure still matter. See TBK Article 351.

Service timing is particularly important. In its decision of 9 September 2025, the Court of Cassation's Third Civil Chamber explained that the notice must be served within the one-month period for this route. Sending it before the deadline did not cure service afterward. Have a lawyer organise the notice and check delivery evidence promptly. See Yargıtay, E. 2025/2624, K. 2025/3931.

Article 351 also provides an alternative based on bringing a needs-based case within one month after the contractual term ends. Which route is available and sensible depends on the lease and dates. Do not calculate the timetable from a reservation payment or assume the seller's existing notice satisfies your own requirements.

Rental disputes generally require an application to mediation before a lawsuit. Article 18/B contains an exception for eviction through the specified non-judgment enforcement procedure under Law 2004. That exception is not a general exemption for every eviction case. Your lawyer should coordinate notices, mediation and filing deadlines for the chosen route. See Law 6325, Article 18/B and the Ministry of Justice's mediation guidance.

How much weight should you give a promise to vacate?

A seller's promise and a tenant's enforceable commitment are different documents. If a tahliye taahhütnamesi is presented, obtain the original for legal review. Article 352 addresses a written undertaking given after delivery of the rented property and provides time-sensitive enforcement or court routes if the tenant does not leave. Check dates, signatures and circumstances; an undertaking is not a guarantee of an uncontested handover. See TBK Article 352.

If you are investing, price the existing tenancy

Use rent actually due and collected when assessing the purchase. Keep any hoped-for increase separate from your base calculation. The change of ownership does not itself reset the rent to market level; Article 344 governs residential rent determination and renewal increases. Ask for advice on the lease's age, terms and applicable rules before assuming a higher figure. See TBK Article 344.

Then deduct realistic owner expenses, maintenance, insurance, tax and management costs. Test what happens if payments stop or a major repair becomes necessary. If the seller has collected rent in advance, record the covered period and how it will be accounted for at completion. Identify separately who will pursue any old arrears and on what legal basis.

Keep the two deposits separate

Your purchase deposit reserves or forms part of the property transaction under its particular terms. The tenant's security deposit belongs to the tenancy arrangements. Do not combine them in one unexplained adjustment.

For residential leases, Article 342 caps an agreed security at three months' rent and specifies bank arrangements where money or securities are provided. Verify how the actual deposit was handled. Agree and document the seller–buyer accounting and any bank steps with legal advice; do not assume cash or account control automatically moves when the title changes. A private adjustment between buyer and seller should not be treated as eliminating the tenant's rights. See TBK Articles 310 and 342.

What should the purchase-deposit terms address?

Before transferring money, have the proposed document reviewed for its legal form, effect and refund provisions. The word “deposit” alone does not tell you whether you can withdraw or recover it.

These are negotiation points for professional drafting, not terms that automatically apply. If vacant possession in Turkey is essential to your purchase, consider making verified vacancy a condition of completion. Inspect again immediately before the agreed handover and document occupation, keys, condition and meter readings.

Choose your next step

I need to move in by a fixed date

Prioritise an already vacant apartment or a legally reviewed purchase that completes only after verified vacant handover. Budget for alternatives if you choose to acquire while the tenant remains. A possible court route cannot provide a dependable moving date.

I am happy to keep the tenant

Proceed only after reconciling the lease, payments, security and expenses. Agree the handover of records and clear written payment instructions for the tenant. Check that the return works without an immediate rent reset.

The paperwork or departure plan is unclear

Pause the deposit. Request the missing evidence and an independent assessment. A discount does not establish who occupies the apartment or when you can use it.

Frequently asked questions

Can I make the tenant leave simply because I bought the apartment?

No. The lease generally continues with the new owner under Article 310. Any termination must have an applicable legal basis and follow the required process.

Does the seller's vacant-delivery promise bind the tenant?

Do not assume it does. Review the seller's obligations separately from the tenant's position. Your remedy against a seller who breaks a promise does not itself deliver an empty apartment.

Is an apartment with a tenant necessarily a poor investment?

No. A well-documented tenancy with reliable payments may suit your plans. The decision should rest on verified income, liabilities and your intended use.

Review the tenancy before committing

Considering a tenanted apartment? Contact SimplyTR to discuss the lease documents, your intended use and the questions to resolve before paying a deposit.

Last reviewed: 6 October 2026. This article concerns ordinary residential purchases and provides general information, not advice on a particular tenancy. Notices, deadlines, contract formalities and remedies require case-specific review by a Turkish lawyer.

Related Articles

• Apartment Viewing Checklist for Istanbul: 10 Points to Check Before You Buy (2026)
• 10 Mistakes Foreign Buyers Make When Buying Property in Turkey (2026 Guide)
• Buying Commercial Property in Turkey as a Foreigner: Offices, Shops, Taxes and Citizenship Eligibility (2026)
• Turkey's Secure Payment System from 1 October 2026: What Property Buyers Need to Know
• Airbnb Income Tax in Turkey 2026: Complete Guide for Foreign Property Owners
• This Week in Turkey Real Estate and Investment: 14–20 September 2026