What Are a Tenant’s Rights If the Landlord Sells the Property?
A 2026 Guide for Tenants Living in Alanya
The short answer: If the flat or villa you rent in Alanya is sold, your tenancy agreement does not automatically come to an end. Under the Turkish Code of Obligations (TBK), the new owner steps into the existing contract; they cannot evict you immediately, cannot raise the rent arbitrarily, and cannot simply ignore your deposit. Eviction is only possible on specific grounds set out in law, after formal notice periods and a court process.
Thousands of foreign nationals — Russian, German, Scandinavian, British and Middle Eastern tenants living in Alanya, Mahmutlar, Oba, Kestel and Tosmur — ask “my landlord has transferred the title deed (TAPU), what happens now?” every single year. This article covers both your legal rights as a tenant under Turkish law and the practical matters that affect foreign tenants specifically: residence permits, sworn translations and service of documents.
1. Does Selling the Property Terminate the Tenancy Agreement?
No. Article 310 of the Turkish Code of Obligations (TBK) is clear: even if the rented property changes hands through a sale, inheritance or any other means, the new owner automatically becomes a party to the existing tenancy agreement on exactly the same terms. In practice this means:
- The rent, duration and all other contractual terms remain fully in force.
- The new owner cannot put you out simply by saying “I’m the owner now.”
- Whether your agreement is in English or Turkish, and whether or not you are a foreign national, makes no difference to this protection — Turkish law draws no distinction between parties based on nationality when it comes to tenancy agreements.
Even once the sale has been completed at the Land Registry (Tapu Müdürlüğü), your right to remain in the property is protected unless one of the statutory exceptions applies.
2. On What Grounds Can the New Owner Evict You?
The most common route a new owner uses is eviction on grounds of personal need (TBK Art. 351). For this to succeed:
- The new owner must demonstrate a genuine intention to use the property as a home or workplace for themselves, their spouse, their descendants, their ascendants or a person they are legally required to support.
- They must serve the tenant with written notice — usually a formal notarized notice (ihtarname) sent via a notary public — within one month of taking title.
- After that notice, the tenant must be given at least six months before any eviction can be demanded.
- If the tenant has not left by the end of that period, the new owner must bring an eviction lawsuit before the Civil Court of Peace (Sulh Hukuk Mahkemesi) — forced eviction without a court order is not permitted.
- The court will require concrete evidence that the need is genuine, sincere and necessary. Simply saying “it’s my property and I want you out” is not sufficient.
If the new owner misses the one-month window for serving notice, they do not lose the right to evict on grounds of personal need entirely; instead, they can still bring a lawsuit within one month of the end of the current rental period.
Important note for foreign tenants: The date on which the formal notice is officially served may be linked to your registered address — the same address on record with the Directorate of Migration Management (Göç İdaresi) for your residence permit. If you receive a document you do not understand, contact a sworn translator or a Turkish-speaking lawyer immediately. Deadlines continue to run regardless; “I didn’t understand it” is not a defence that stops the clock.
3. Can the Rent Be Increased Just Because the Property Has Been Sold?
No. A change of ownership is not, by itself, a ground for increasing the rent. Rent increases are capped under Article 344 of the Turkish Code of Obligations (TBK) at the 12-month average change in the Consumer Price Index (TÜFE) published by TÜİK (Turkey’s statistical authority). This figure is updated monthly; for example, based on the June data released by TÜİK on 3 July 2026, the maximum lawful increase applicable to residential leases renewed in July 2026 was set at 32.03 per cent. Because the rate changes every month, you should verify the figure in force for your own renewal month directly from TÜİK’s official announcements.
If your tenancy has been running for more than five years, either party may apply to court for a rent determination lawsuit (kira tespit davası) to have the rent reset to market level — but this is not automatic and requires a court decision.
4. Who Do You Pay the Deposit and Rent To?
- Your deposit is a security sum that must be returned to you when the tenancy ends; when the property changes hands, this obligation generally passes to the new owner.
- The new owner must notify you in writing of the bank account (IBAN) to which rent should be paid. If no such notification is given, continuing to pay into the original account does not put you in default.
- If the new owner refuses to provide bank details, you can apply to court to have a payment deposit (tevdi mahalli) designated — a formally recognised account or office where you can lodge rent safely until the matter is resolved.
This last step is particularly relevant for foreign tenants who pay rent by international bank transfer into a Turkish account. Always insist on any change of payment details being confirmed in writing; this protects you against any later claim that rent was unpaid.
5. Are You Required to Allow Viewings?
Under TBK Art. 319, a tenant is obliged to allow the property to be shown for the purposes of sale or re-letting, within reasonable limits. However, this is not an unlimited right:
- Visits must be arranged with reasonable advance notice.
- Your daily life and privacy must be respected.
- If requests become excessive or intrusive, you can seek legal relief — including from the Civil Court of Peace (Sulh Hukuk Mahkemesi) if necessary.
6. The “Re-letting Ban” After Eviction
A new owner who secures eviction on grounds of personal need cannot, without a legitimate reason, let the property to anyone other than the original tenant for three years (TBK Art. 355). If this prohibition is breached, the former tenant can claim compensation of no less than the equivalent of one year’s rent. This rule exists specifically to prevent the personal-need ground from being used as a pretext.
7. Additional Points for Foreign Nationals Living in Alanya
Residence permit and your tenancy agreement
Applications and renewals for a short-term residence permit in Turkey are usually supported by a tenancy/rental agreement or a title deed (TAPU). If your landlord changes:
- The address you registered with the Directorate of Migration Management (Göç İdaresi) remains valid; a mere change of owner does not require you to notify them of an address change.
- However, if you are genuinely forced to move and relocate to a different address, it is important to update your address promptly through the e-residence (e-ikamet) system; failing to do so can cause problems when you next renew your residence permit.
Service of documents and the language barrier
Formal notarized notices and court documents are issued in Turkish. If you receive one and cannot read it:
- Have it translated immediately by a sworn translator — do not let deadlines slip.
- Appointing a lawyer under a power of attorney (PoA) means they can act on your behalf in court without you needing to attend in person, which is especially practical for tenants who travel or live partly abroad.
Local practicalities
In the residential complexes of Alanya, Mahmutlar and Oba where foreign tenants are particularly common, a change of ownership after a sale is often known to the building management as well. Confirming the new owner’s contact details through the site manager or your estate agent will help you avoid confusion over rent payments and service of notices.
Frequently Asked Questions
Answers to the questions on your mind
9. Conclusion and Legal Assistance
The sale of a property does not mean automatic eviction or an automatic rent rise for the tenant. The Turkish Code of Obligations (TBK) protects you against the new owner just as it did against the old one. That said, every detail matters: deadlines, the correct procedure for formal notices, how rent increases are calculated, and — for foreign tenants specifically — the handling of documents, translations and residence permit updates. To avoid losing any of your rights, it is strongly advisable to work with a lawyer experienced in tenancy law from the very beginning of the process.
If you have a question about tenancy, eviction or real estate law in Alanya, you are welcome to get in touch with the law office of Av. Sibel Demiral or to use our “Ask a Lawyer” service.
Sources / Official References
- Turkish Code of Obligations (Law No. 6098), official full text – mevzuat.gov.tr
- TÜİK – Consumer Price Index (TÜFE) data portal
- Directorate of Migration Management (Göç İdaresi) – e-residence system (residence permit applications for foreign nationals)
This article is for general information purposes only and does not constitute legal advice specific to your individual circumstances.