Commercial lease agreements are a central element of real estate and business operations in Turkey. From retail shops to office buildings, warehouses to logistics hubs, these contracts govern long-term relationships between landlords and tenants. But when business needs change—or legal disputes arise—terminating a commercial lease in Turkey requires careful legal navigation. Our Turkish Law Firm provides expert support for both landlords and commercial tenants across Turkey.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers advise clients in every sector—hospitality, manufacturing, logistics, tech, and retail—on commercial tenancy issues. We prepare legal notices, negotiate terminations, file eviction lawsuits, and protect lease rights in Turkish courts. As a best lawyer firm in Turkey for real estate and business law, we ensure compliance with Turkish tenancy law, fair notice procedures, and compensation rights.
Legal Grounds for Lease Termination
Under Turkish Code of Obligations No. 6098 and related legislation, a commercial lease agreement can be terminated on the following legal grounds:
- Expiration of fixed-term lease: Automatic end unless renewed
- Material breach: Non-payment, unauthorized use, or violation of lease terms
- Owner’s use need: Landlord needs the property for self or family (subject to legal proof)
- Renovation necessity: Structural renovations requiring tenant removal
- Agreement by mutual consent: Negotiated termination terms
Our Turkish Law Firm evaluates the lease contract, court precedents, and factual grounds to determine the most effective termination method.
Termination by Landlord: Rules and Restrictions
Landlords in Turkey face restrictions when trying to terminate commercial lease contracts. In many cases, the lease cannot be terminated unilaterally before 10 years unless there is:
- Tenant breach (e.g., failure to pay rent)
- Valid legal cause (e.g., illegal use)
- Mutual agreement
After the 10-year period, the landlord may terminate the contract by giving written notice 3 months prior to the lease renewal date. Our English Speaking Turkish Lawyers ensure this process is handled without procedural error to avoid invalidation by the court.
Termination by Tenant: Business Needs and Relocation
Commercial tenants in Turkey also have termination rights, but must respect contractual and statutory requirements. Legal options include:
- Terminating upon fixed lease expiry
- Giving written notice in open-ended leases
- Asserting force majeure or impossibility of performance
- Negotiated early exit with compensation
We help tenants assess their legal and financial exposure when ending a lease early—especially in high-value properties or multi-year agreements.
Eviction Lawsuits: When Negotiation Fails
If the tenant refuses to vacate, the landlord may file an eviction lawsuit (tahliye davası) in the relevant Turkish civil court. Steps include:
- Issuing a formal notice (through notary or registered mail)
- Waiting the statutory response period (often 30 days)
- Filing the lawsuit with supporting evidence
- Attending hearings and submitting legal pleadings
Our Turkish Law Firm represents clients throughout the eviction process, securing court orders and coordinating with execution offices for physical enforcement if needed.
Compensation Claims and Deposit Refunds
Commercial lease terminations often give rise to secondary claims—especially regarding:
- Early termination compensation for breach of contract
- Tenant claims for unfair eviction or constructive eviction
- Security deposit refunds and condition of premises
- Damages for delayed handover or withheld rent
We represent both landlords and tenants in pursuing or defending these financial claims before Turkish civil and commercial courts. Our lawyers gather evidence, inspect premises, negotiate settlements, and file lawsuits where necessary.
Renovation Clauses and Business Interruption
Landlords may seek to terminate leases due to planned renovations or building reconstruction. However, Turkish courts impose strict rules:
- Renovation must be essential and proven with project documents
- Tenant must be notified in advance with sufficient time
- Landlord cannot use renovation as a pretext for eviction
We draft renovation clauses that protect property owners while providing tenants with relocation rights or fair compensation if business operations are disrupted.
Judicial Trends and Precedents
Our Turkish Law Firm monitors recent Yargıtay (Supreme Court) decisions affecting commercial lease terminations. Key trends include:
- Courts scrutinize owner-occupancy claims to prevent abuse
- Tenant goodwill and long-term investment may justify extended occupancy
- Force majeure (pandemic, disaster) may not automatically allow exit
- Deposits must be returned unless damages are proven with inspection reports
We incorporate this case law into our legal strategies and risk assessments for landlords and tenants.
Internal Legal Resources for Landlords and Tenants
- Due Diligence Before Leasing
- Checking Ownership Before Lease Signing
- Drafting and Reviewing Lease Contracts
- Collecting Unpaid Commercial Rent
- Corporate Lease Liability for Directors
Frequently Asked Questions (FAQs)
- Can a landlord terminate a lease before 10 years? Only for just cause, such as breach or mutual agreement. Otherwise, termination is restricted until the 10th year.
- Does the tenant have to vacate immediately? No. A court process is often required unless the tenant agrees to leave voluntarily.
- Can I get my deposit back? Yes, unless the landlord proves damage, unpaid rent, or contractual deduction rights.
- Can I end the lease if business is bad? Possibly, through mutual agreement or legal doctrines such as impossibility or hardship.
- Can the landlord increase rent during litigation? Generally no, unless the lease contract or court allows interim adjustments.
- Are force majeure events valid grounds for termination? Depends. Turkish courts apply this doctrine restrictively. Documentation and economic impact must be strong.
- What happens if the lease is not registered? It’s still valid but lacks protection against third-party buyers unless annotated on the title deed.
- How can a Turkish Law Firm help? We protect your lease rights, negotiate exits, initiate or defend eviction cases, and ensure compliance with commercial tenancy law in Turkey.
Protect Your Commercial Lease with a Turkish Law Firm
Whether you're a property owner seeking to regain control of your commercial space or a tenant trying to exit a lease without legal conflict, proper legal advice is essential. Commercial lease termination in Turkey requires precision, timing, and legal justification.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers assist local and foreign clients with lease termination notices, eviction litigation, compensation negotiations, and real estate dispute resolution. As a seasoned Turkish Law Firm for commercial leasing and litigation, we ensure your rights are fully protected.