"I bought the place, I'll just evict the tenant now." Most buyers assume that the moment the title deed is in their hands, the property is essentially empty. Yet in Turkey a tenancy runs not on ownership but on the contract. When the title changes hands, the lease doesn't vanish; it passes onto the new owner's shoulders on exactly the same terms.
In this article I explain how things actually work when you buy a tenanted home, or when the home you live in is sold. I'll look at both sides: the buyer acquiring the property as an investment, and the tenant living inside. Because both ends of this equation answer to the same law, and the side that doesn't know that law always ends up weaker at the table.
First, let's break a myth: sale does not break the lease
Article 310 of the Turkish Code of Obligations is clear: if the leased property changes hands for any reason after the contract is concluded, the new owner becomes a party to the lease. Lawyers call this the "sale does not break the lease" principle. In other words, when you buy the property, you legally take over the lease the former owner signed with the tenant. The rent, the term, the conditions... they all continue unchanged.
This means that as the new owner you cannot raise the rent at will, shorten the lease term, or say "I'm the new owner, I make the rules." The law places you inside the existing contract, not outside it. The tenant, in turn, is under no obligation to sign a new contract or pay a new deposit in this process.
So can the new owner never evict the tenant?
They can, but not without a reason. The law opens a special door for the new owner: eviction for need. Article 351 of the Turkish Code of Obligations grants a person who acquires the property later the right to evict the tenant if they have a genuine need for it for themselves or their close relatives.
Here "close relatives" means, as the law lists them: the owner's spouse, descendants (children, grandchildren), ascendants (parents) or persons they are legally obliged to support. The need may be for housing or for a workplace. For example, if you intend to live in the flat yourself, settle a child there, or provide housing for a dependent, you can resort to this route.
Note the distinction: this is not an "evict on demand" right, but an "evict once proven" right. You must establish before the court that you genuinely need the property.
Two legal routes and the deadlines you must not miss
Article 351 offers the new owner two separate routes. Which one you choose depends on when you acquired the property and whether you are in a hurry. In both, the deadlines are sharp; missing a single day can push your entire right to the next lease term.
ROUTE 1 — Acting right after acquisition
ROUTE 2 — Waiting for the existing lease to end
What does "genuine, sincere and compulsory need" really mean?
This is the phrase that decides the fate of eviction lawsuits. The court examines whether the need you assert is genuine, sincere and compulsory. In other words, it looks for a need that actually exists, not one staged for show.
If the claim of need is in fact a pretext to evict the tenant and re-let at a higher price, or to sell the property at once, the court will see it and dismiss the case. For instance, saying "my son will live here" and then renting the home to someone else after the tenant leaves is the classic example of an insincere need; it both weakens your case and triggers the compensation risk I describe below.
So when pursuing eviction for need, you must build a concrete picture that supports your intention: a real housing need to be occupied, a workplace to be opened, a family situation requiring the move. Vague, "I might need it later" type reasons do not hold up in court.
After eviction: the three-year re-letting ban
Say you won the case on the grounds of need and the tenant moved out. It doesn't end there. Article 355 of the Turkish Code of Obligations bans re-letting a property vacated for need to anyone other than the former tenant for three years, absent just cause.
If you breach this ban the consequence is heavy: the former tenant can sue you for compensation, and the amount you pay cannot be less than one year's rent from the final lease year. In other words, if you evict a home claiming "I need it" and then quickly rent it to someone else, the bill for the case you thought you had won comes back to you.
From an investor's eye: is buying tenanted property an advantage or a risk?
I'm often asked: "Should I buy the tenanted flat or the empty one?" The answer depends on your intention. If you'll hold the property for rental income, having a reliable, paying tenant inside is an advantage; your cash flow starts from day one and you avoid the hassle of re-letting. Tenanted properties also often change hands at a slightly more favorable price than their vacant equivalents.
But if you intend to live in the property yourself or want vacant possession in the short term, a tenanted home loads you with time and process costs. In that case, before buying you need to see the lease, its end date and the tenant's profile, and to calculate from the outset how long the eviction route will take. The negotiation, too, must be built on this reality.
The point that really matters is this: when evaluating a tenanted property, looking only at the price per square meter is not enough. The current rent, the state of the contract and the potential eviction process directly affect the true value of that property. Looked at with the right questions, a tenanted flat can be an opportunity; bought without asking them, it becomes an unexpected waiting period.
What should you do if you are the tenant?
If the home you live in has been sold, there's no need to panic. Your lease continues unchanged; the new owner cannot evict you overnight or raise your rent at will. For the new owner to require you to vacate, they must either prove a genuine need or rely on the other limited grounds set out in the law.
If you receive a notice, look carefully at its date and content, and note the deadlines. Knowing your rights keeps the process from catching you defenceless. When in doubt, the healthiest course is to consult a specialist before taking any step.
If you're considering buying a tenanted property, or you're a tenant in a sold home wanting to clarify where you stand, would you like to assess your situation together? A well-structured approach protects you right from the start.