How to Send a Notice to the Tenant in Turkey?

In some cases, there is a requirement to send a notice to the tenant in residential and roofed workplace lease agreements. The elements that the notice should contain depending on the reasons are also very important. Otherwise, the notice will not yield any results. For the answer to the question of how to send a notice to the tenant, we will examine the procedures stipulated in the Turkish Code of Obligations.

I. Is it Mandatory to Send the Notice to the Tenant via a Notary Public in Turkey?

There is no obligation in the provisions of the Turkish Code of Obligations regarding lease agreements for the notice to be sent to the tenant via a notary public. However, if the validity of the notice in the written lease agreement requires it to be sent via a notary public, then it will be necessary to comply with this condition in the agreement.

There are two advantages to sending the notice via a notary public. The first is that the notice sent via a notary public will be sent via notification. In this case, even if it does not reach the tenant at once, the notice can be served to the tenant’s registered address. The second advantage is the ease of proof. Because a copy of the notice sent from the notary will remain at the notary. There may be problems in terms of delivery and proof in written notifications via mail, cargo, letter.

There may also be problems with proof when the notice is sent to the tenant via e-mail, WhatsApp, or SMS.

The notice text to be sent from the notary can be prepared and submitted to the notary, or it can be prepared at the notary.

The notice to be sent to the tenant from the notary will need to show the address specified in the lease agreement as the tenant’s address. Otherwise, irregularity in the notification may arise. Approximately 1 week after the notice is sent, it will be necessary to go to the notary and check whether the notice has been served. A notice that cannot be served for any reason will not have legal consequences.

II. Who Should Send the Notice to the Tenant in Turkey?

In lease agreements, the landlord and the lessor do not have to be the same person. In this case, who will send the notice to the tenant also poses a problem. In some cases, we see that the leased property is jointly or jointly owned. As a rule, the lessor should send the notice.

If there are many lessors, all lessors may need to send the notice together. Again, if there are many tenants, the notices will need to be sent to all tenants.

III. Situations Requiring a Notice to the Tenant in Turkey

1. Non-Payment of Rent TOC 313 – 314 – 315 Default of the Tenant

The tenant is obliged to pay the rent. The contract may have agreed on when and where the rent will be paid. Failure to pay the rent within a certain period will result in default in terms of the rent debt. However, if the lessor requests termination of the contract due to the tenant’s default in residential and roofed workplace lease contracts; he must give a payment period of at least 30 days with a notice. Otherwise, the notice will not have any consequences in terms of termination.

In the pursuit of the tenant’s default regarding ordinary rent and revenue rents, a payment order will also result in a notice. Because in these payment orders, the tenant will be informed that an eviction lawsuit will be filed if he does not pay the rent within thirty days. In the pursuit of Example No: 13, the payment order must be notified to the tenant. Otherwise, it will not be effective. (If the payment order does not state a 30-day period or if the period is written shorter, it does not give rise to the right of termination.) For a rent payment notice sample and detailed information, you can read our article Eviction of Tenants Who Do Not Pay Rent.

2. Non-Payment of Maintenance Fee TOC 315

In the event that the tenant does not pay maintenance fees (ancillary expenses) despite a provision in the lease agreement, the lessor may be obliged to send a notice. The lessor must first pay the ancillary expenses such as maintenance fees and then request the payment of this debt by sending a notice. The termination of the lease agreement may also be requested together with the maintenance fee. In this case, the tenant must be given a period of at least 30 days in terms of residential and workplace lease agreements. For a sample of a maintenance letter for a tenant who does not pay maintenance fees and detailed information, you can review our article Eviction of a Tenant Who Does Not Pay Maintenance Fee.

3. Obligation to Use with Care and Respect Neighbors TOC 316

The tenant must use the rented property with care. In addition, he must not act contrary to the agreement. Similarly; the tenant has the obligation to respect the neighbors in the place where the leased property is located and the lessor. In residential and roofed workplace lease agreements, the lessor may give the tenant a 30-day period to cease such acts, otherwise the lease agreement will be terminated, with a written notice.

In the event that the tenant acts contrary to this obligation, the lessor gives a written notice in residential and roofed workplace leases, giving at least thirty days for the violation to be resolved, or otherwise terminating the agreement. In other lease relationships, the lessor may terminate the agreement immediately with a written notice, without giving the tenant a prior notice. For detailed information and a sample notice to the tenant, you can read our article Eviction Case Due to Careful Use and Respect for Neighbors.

In residential and roofed workplace leases, if the tenant intentionally causes serious damage to the leased property, it is understood that the period given to the tenant will be useless, or if the tenant’s behavior contrary to this obligation is intolerable for the lessor or the people living in the same real estate and neighbors, the lessor may terminate the agreement immediately with a written notice. (TOC Art. 316/3)

4. Sublease Prohibition TBK 316 and TOC 322

In residential and roofed workplace lease agreements, the tenant cannot make a sublease without the written permission of the lessor. In the event that the tenant subleases the leased property partially or completely to a third party, the lessor may send a written notice granting a period of 30 days. If the sublease is not terminated at the end of the period, the tenant may be evicted. For a sample notice to the tenant due to the sublease prohibition and detailed information, you can read our article Sublease Prohibition and Eviction Case.

5. Permission to Show the Leased Property TOC 319

The tenant is under the obligation to show the leased property for the purpose of compulsory maintenance or sale of the leased property. In such a case, the lessor is obliged to notify the tenant in advance of a suitable period. The lessor does not need to give a written notice for permission to show the leased property. However, it is recommended that the notice be in writing in terms of the requirement of proof.

6. Review of the Leased Property and Notification to the Tenant TOC 335

The lessor must review the condition of the leased property at the time of return and immediately notify the tenant in writing of any deficiencies or defects for which the tenant is responsible. If this notification is not made, the tenant is relieved of all liability. However, in the event of deficiencies or defects that cannot be determined by ordinary inspection during the delivery, the tenant’s liability continues. When the lessor determines such deficiencies or defects, he must immediately notify the tenant in writing.

7. Notification Regarding Increase in Rental Fee TOC 345/2

In residential and roofed workplace lease agreements, the lessor does not have the right to terminate based on the expiration of the contract period. At the end of the term, the contract will be extended for one year under the same conditions. In such a case, if there is a provision in the written lease agreement that the rental fee will be increased, the tenant must pay the rent by increasing it according to this provision. If there is no provision that the rent will be increased; the lessor will be required to send a notice. For detailed information and a sample notice to the tenant of a rent increase, you can read our article Rent Determination Case.

8. Termination Notice Due to Ten-Year Extension TOC 347

A residential and roofed workplace lease agreement can be made for a definite or indefinite period. If the lease agreement is for a definite period, in addition to the contract period, the lease agreement can be terminated 3 months before the end of the lease period following the ten-year extension period. In indefinite-term lease agreements, a termination notice can be sent at least 3 months before each six-month extension period following the tenth year. Sending a notice to the tenant is sufficient; the notice must reach the tenant within the specified periods.

The notification regulated in Article 347 of the TBK is a right that creates a disruptive innovation. The notice that the lessor sends to the tenant terminates the lease agreement and the relationship. You can access the sample notice to the tenant and detailed information in our article Eviction Case of a 10-Year Tenant.

9. Validity of Termination Notice TOC 348

In residential and roofed workplace lease agreements, the notice regarding the termination notice must be in writing. Verbal notices, warnings or termination statements are not valid.

10. Notice for Eviction Due to Need TOC 350

Residential and roofed workplace lease agreements can be made for a definite or indefinite period. In definite-term lease agreements, as a rule, there is no obligation to send a notice to the tenant before filing an eviction lawsuit due to need. Unless such an obligation is imposed on the lessor in the lease agreement. In indefinite-term lease agreements, the lessor must send a notice to the tenant at least three months before the date the lease term will be renewed before filing an eviction lawsuit due to need. Sending a notice is not sufficient and must reach the tenant within this period. You can access a sample eviction notice due to need in our article Eviction Case Due to Need.

11. Notice for Eviction Due to the Need of the New Owner TOC 351

The prerequisite for the eviction process due to the need of the new owner is written notice. Before lawsuits based on this reason, the notice must reach the tenant within 1 month from the date of acquisition. Otherwise, the lawsuit will be rejected. For a sample notice from the new owner to the tenant and detailed information, you can read our article Eviction Due to the Need of the New Owner.

12. Effect of Notice on the Time Stipulated for Filing the Lawsuit TOC 353

Most of the terms in residential and roofed workplace lease agreements are prejudicial. Therefore, a lawsuit that is not filed within the time period specified in the law will be rejected because it is not within the time period. If the notice is delivered to the tenant within the time period specified for filing the lawsuit, then the period for filing a lawsuit based on that reason will also extend until the end of the lease period.

IV. Is It Important Whether the Notice is Sent to the Tenant or Whether It Reaches Them?

The date on which the notices mentioned in our article are sent to the tenant is not important. What is important is that the notice reaches the tenant. A notice that does not reach the tenant will not have any consequences unless the tenant accepts it. Notice to the Tenant in Turkey

Memduh Remzi BAL
Attorney at Law | Lawyer in Turkey

Landlord Tenant Attorney

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