A landlord can sell their property at any time they wish, but if the landlord decides to sell the property, they cannot evict the tenant based solely on this reason for sale. It is possible to apply for the newly established mediation process intended for disputes arising from lease agreements to reach a common ground. Through real estate mediation offices, if an agreement cannot be reached, the new owner can file an eviction lawsuit according to the specified periods.

Ev sahibi

Does selling the property terminate the lease agreement in Turkey?

The relevant article in the Code of Obligations states, "If the leased property changes hands for any reason after the establishment of the contract, the new owner becomes a party to the lease agreement." This means that if the property is purchased by a third party, the lease agreement continues with the new owner, and the previous agreement does not end.

If the new owner claims that they or a close relative mentioned in the law will use the residence, they must provide notice and file an eviction lawsuit within the periods specified in the law.

According to the law, if there is no annotation on the lease agreement in the land registry, the new owner must send a notice to the tenant within one month after the transfer of the title. After sending the notice, if there are more than six months remaining until the end of the lease agreement, the tenant must vacate the house within six months.

Can a tenant prevent the display of a "FOR SALE" sign?

The provisions in the Code of Obligations specify what the landlord and tenant should do and what rights they have when the landlord wants to sell the home. Upon reviewing the law, we do not find a specific provision regarding the display of a property as being for sale.

The balance of interests should be considered here. On one hand, there is the landlord who wishes to sell and advertise the property, and on the other hand, the tenant who retains the right of use.

Although circumstances may vary based on the specific situation, I believe the loss resulting from the inability to display a sales sign is greater for the landlord. However, this does not constitute a reason for eviction.

If it is considered that placing the sign is unlawful or that the area is being violated, it could be evaluated as an offense of disturbing peace and order. Furthermore, since the property cannot be entered without the tenant's consent, there is no need for a separate lawsuit.

Does the property owner have the right to bring in people to view the property that is for sale?

The legal provision regarding a property being put up for sale while the lease is in effect states that the tenant is obliged to allow the landlord and any third party designated by the landlord to view the property as necessary for maintenance, sale, or subsequent rental.

The landlord is required to notify the tenant a reasonable time in advance about the works and property visits and must consider the tenant's interests while doing so.

In this case, the tenant is obliged to show the property to prospective buyers. However, this should be notified in advance and should be reasonable. If the tenant objects, the landlord has the right to file a lawsuit to enforce this action. Similarly, the tenant also has the right to object to unreasonable and inappropriate viewing requests.

Additionally, regardless of the reason, if someone enters the property or its attachments such as the garden, storeroom, or balcony without the tenant's consent or refuses to leave, legal action can be taken for the violation of the inviolability of the domicile, and the offender can be punished with up to one year of imprisonment or a fine.