Buying Property in Turkey with Tenants – Complete Legal Guide

DATE: 12.11.2024

Buying a Property in Turkey with Tenants: Legal and Practical Considerations


Investing in Turkish real estate offers diverse opportunities, and one scenario that often arises is purchasing a property that already has tenants. While this type of investment may come with immediate rental income, it also brings legal responsibilities and practical challenges. Understanding your rights and obligations as a new property owner is essential for a smooth transition and a successful investment.





Is it Legal to Buy a Property with Existing Tenants?



Yes, it is entirely legal to buy a property in Turkey with tenants under an ongoing lease agreement. However, upon the transfer of ownership, the new owner assumes the role of the landlord and becomes bound by the terms of the existing rental contract. You cannot evict tenants arbitrarily or change contract terms without following the proper legal process.





Key Legal Points to Understand:



  1. The Rental Agreement Stays Valid
    The new owner is subject to the conditions of the tenant’s lease. Even if the property is sold, the tenant’s rights remain intact until the contract period ends.
  2. Security Deposits
    Any security deposit paid by the tenant should be transferred to the new landlord, and this should be documented during the sale.
  3. Notification to Tenant
    The tenant must be officially notified of the change in ownership. It’s advisable to do this in writing and include bank details for future rent payments.
  4. Eviction Rules
    Turkish law strongly protects tenant rights. Unless the tenant violates contract terms or the lease expires, eviction can only happen under specific legal grounds.






What Should You Check Before the Purchase?



  • Request a Copy of the Rental Contract
    Ensure you understand the rental terms, duration, rent amount, payment schedule, and any special conditions.
  • Tenant’s Payment History
    Ask the current owner for documentation of timely payments. This helps evaluate the tenant’s reliability.
  • Condition of the Property
    Conduct an inspection to assess maintenance responsibilities. You may need to clarify who handles repairs – landlord or tenant.






Investment Perspective: Pros & Cons



Advantages:


  • Instant Rental Income
    You start generating returns from the day of purchase without having to find tenants.
  • Reduced Marketing Costs
    No need to advertise or renovate for new occupancy.



Disadvantages:


  • Limited Flexibility
    You may have to wait until the contract ends to raise rent or renovate the property.
  • Risk of Problematic Tenants
    Inheriting tenants comes with uncertainty, especially if you haven’t dealt with them directly.






What If You Want to Use the Property?



If you plan to move into the property or use it for personal reasons, you must notify the tenant at least one month before the end of the lease term. Otherwise, they may automatically continue under renewal terms. In some cases, you can apply for eviction with the court, especially if you or a first-degree family member intends to live in the property.





Ideal Scenarios for Buying Property with Tenants



This type of purchase is especially ideal if:


  • You are an investor looking for long-term rental income
  • You are buying multiple units and want stable cash flow
  • You are acquiring commercial properties where lease continuity adds value



For holiday homes or golf villas in Belek and Kadriye, it’s best to buy tenant-free properties if your plan is personal use or resale after renovation.





Tips to Avoid Complications:



  • Work with a local real estate lawyer during the purchase
  • Have the tenant sign an acknowledgment letter regarding the new owner
  • Make sure title deed (Tapu) records reflect any rental conditions or annotations




Buying a property in Turkey with tenants can be a smart investment move if done right. By respecting legal obligations and carrying out thorough due diligence, you can benefit from stable rental returns and secure long-term value. Whether you’re targeting golf properties in Belek, residential apartments in Antalya, or land for development, understanding how tenancy works in Turkey will help you make confident, risk-aware decisions.

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