Important legal tips for foreigners renting in Türkiye for residence permits

Türkiye, with its natural beauty and strategic location, has long captivated people from around the world. Many foreigners seek to settle here, however, renting a property to obtain a residence permit involves specific rules that must be carefully followed.

In this article, we highlight the common challenges foreigners face and outline steps to avoid pitfalls during the process.

Legal freedom in renting and special cases for foreigners

Under Turkish law, the principle of contractual freedom, as outlined in Articles 26 and 27 of the Turkish Code of Obligations, allows Turkish citizens to enter into rental agreements without requiring notarization. However, some foreigners in the past have exploited this system by submitting fraudulent rental contracts to mislead the Migration Authority and obtain residence permits. Once discovered, these permits were revoked, and the individuals involved were deported.

To address this, the Migration Authority now mandates that rental agreements for foreigners be notarized. However, notarization alone does not guarantee that the person entering into the contract has the legal authority to rent out the property. Thus, taking precautionary steps is essential to avoid legal, financial and immigration-related issues.

Steps to take before renting

1. Verify the landlord’s identity and documents

Ensure the landlord’s identity, property deed and the municipal address verification document (numarataj) match. The landlord’s name must correspond to the property owner listed on the deed. Additionally, confirm that the address of the property you visited matches the information on the deed and the municipal document.

2. Obtain consent if there are multiple owners

If the property has multiple owners, there are three options:

• The landlord must obtain a notarized consent letter from other co-owners.
• All co-owners must grant power of attorney to be able to rent.
• All co-owners must be listed as lessors in the notarized rental agreement by being present at the notary along with the lessee(s).

3. Be cautious with subleases

Even if a lessor (the person renting to you) has a sublease clause in their main contract with the property owner, this is insufficient for residence permit applications. The lessor must obtain a notarized authorization from the property owner explicitly permitting subleasing.

Contracts without this authorization will be rejected by the Migration Authority.

4. When a relative or realtor is involved

Relatives or real estate agents also require notarized authorization from the property owner to arrange rental agreements. Without this document, the rental is unauthorized and can lead to disputes, including eviction claims by the owner.

5. Make payments to the right account

Always transfer rent and deposits to the bank account of the person’s name listed on the title deed. If payment is to be made to someone with power of attorney, this must be explicitly stated in the rental agreement. Avoid making cash payments.

6. Draft a deposit agreement

Before paying a deposit, prepare a simple deposit agreement. This document should confirm the lessor’s authority to rent the property and outline the terms of the deposit. When dealing with real estate agents, verify their authorization documents to be able to rent that specific property and choose “rent” in the transaction options during electronic payments through Turkish banks.

For transfers from abroad, you may skip selecting the “rent” option but ensure to include details in the reference about the property being rented.

7. Utilize the e-Government Gateway for rental agreements

Türkiye now offers the option to create rental agreements through the e-Government Gateway (e-Devlet Kapisi).

This system is designed to simplify renting processes and ensure that only rightful property owners can enter into agreements. If a person does not hold the property deed, they cannot use the system to create a rental contract.

However, the system is still very new, and the Migration Authority has yet to provide clear guidelines on how e-Government contracts will be handled for foreign residence permit applications. Until the process is fully established, it is advisable to rely on notarized agreements and comprehensive document checks.

Final words

Today, many foreigners face difficulties due to incomplete or improperly managed rental agreements, often finding themselves unable to apply for residence permits after making payments. Inadequate documentation or procedural lapses can lead to significant financial losses.

To ensure a smooth process, evaluate each step carefully, verify all documents, and take necessary precautions. Remember, a well-executed rental agreement is not just the foundation of a comfortable life in Türkiye but also the key to your legal security.

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About the author: Kagan Orhan is a human resources and immigration consultancy expert at ‘Expat Solutions Turkey’, dedicated to facilitating the adaptation processes of foreigners in Türkiye with the expertise and knowledge in managing legal procedures such as residence permit applications, work permits, business establishment, real estate and citizenship processes for foreigners settling in Türkiye with their team of lawyers and consultants.