Managing Property in Türkiye as a Foreign Owner 2026
Published on: October 23, 2026
Av. Dr. Arzu ONGUR
Founder and Managing Partner, ONGUR & PARTNERS International Law Firm
Ph.D. in Competition Law | Ankara Bar
Abstract
This article examines the main legal issues faced by a foreign national who owns real estate in Türkiye and manages it from abroad: powers of attorney and their misuse, monitoring of title, occupation of an empty property, service of legal documents, residential leases, rent increases, termination and eviction, non payment of rent, mandatory mediation, residence permits, tourism rentals, building charges and taxes, and planning for a sale or succession. The court decisions discussed suggest that most losses suffered by absent owners arise from informal arrangements rather than from gaps in the law.
Keywords property management in Türkiye, foreign property owners, Türkiye real estate, power of attorney, renting out property in Türkiye, rental income tax, tourism rental permit
Introduction
Most guidance on Turkish real estate focuses on the purchase and title registration. For foreign owners, however, many legal and practical challenges begin after the transaction, when the property must be managed from abroad.
In practice, the problems are familiar. A relative or acquaintance holds a broad power of attorney. An agent collects the rent in cash. A demand for unpaid building charges is posted somewhere the owner never sees. Or the tenant stops paying, and the owner discovers that eviction in Türkiye is a formal process with strict deadlines.
These issues do not make owning property in Türkiye from abroad inherently risky. They do, however, make it important to establish clear legal and practical arrangements before problems arise. This article explains the rules that matter most for an owner who does not live in Türkiye.
Who Will Manage Your Property in Türkiye?
An owner who lives abroad will almost always need a representative in Türkiye to sign leases, handle deposits, open utilities, deal with tax and municipal matters and, where necessary, start proceedings. This authority is usually granted through a power of attorney, but the scope of that document is not always given sufficient attention.
Under Article 504 of the Code of Obligations, an agent cannot commence proceedings, settle, refer a dispute to arbitration, make a gift, give a guarantee, transfer real estate or encumber it with a right without specific authorisation.1 Many powers used for property matters were prepared for the purchase, contain sale and mortgage authority, and were never narrowed afterwards.
It is preferable to use separate powers of attorney for property management and for a sale or mortgage. The management power covers leasing, rent collection, utilities, tax and municipal matters, building meetings, mediation and representation before authorities. A power to sell or mortgage, if needed at all, should be granted for the specific transaction and end with it.
Formal requirements also apply. A power of attorney that requires a land registry transaction must bear the principal’s photograph.2 Because Türkiye is a party to the Hague Apostille Convention, a power signed before a notary in another contracting state generally needs an apostille and a certified Turkish translation; in other states, consular legalisation is required.3 A power that does not meet these requirements may be rejected by the land registry, while one that grants unnecessarily broad authority may expose the owner to misuse.
What Happens If a Power of Attorney Is Misused?
Either party may end the agency at any time, and it also ends on the death, loss of capacity or bankruptcy of either party unless otherwise agreed.4 Revocation should be made through a notary and communicated to the agent and to the institutions with which the agent has been dealing. Simply ceasing contact with a former representative does not amount to revocation.
Two Court of Cassation decisions illustrate the risks associated with the misuse of powers of attorney.
Yargıtay 1st Civil Chamber, E. 2018/1684, K. 2019/1581, 6 March 2019. Before going abroad, the owner authorised his daughter to sell a plot. She sold it for TRY 45,000 to an acquaintance, although it was later valued at over TRY 2,000,000 at the transfer date. The Chamber held that even authority to sell to anyone at any price does not permit a sale that disregards the agent’s duty of loyalty. A purchaser acting in collusion with the agent is not protected, and the disparity in price was treated as the clearest evidence of collusion.5
Yargıtay 1st Civil Chamber, E. 2024/325, K. 2024/5689, 16 October 2024. The owner, who lived abroad, claimed that an acquaintance had persuaded her to sign a power broad enough to sell all of her property. The property passed through several transfers, the last to the agent’s brother in law. The courts found the sales simulated, and the final registered owner, who knew or should have known of the abuse, could not rely on the protection of good faith acquirers under Article 1023 of the Civil Code. The cancellation of his title was upheld.6
These decisions show that legal remedies may be available, but pursuing a claim can require valuation reports, payment records and evidence of the relationship between the agent and the purchaser. Restricting the scope of the power of attorney from the outset can help avoid costly disputes later.
How Can You Monitor Your Title Deed From Abroad?
Once a property reaches a genuine good faith purchaser, Article 1023 of the Civil Code protects that purchaser, even if the first transfer was improper.7 Subsequent transfers should therefore be detected promptly.
The General Directorate of Land Registry and Cadastre (TKGM) sends an automatic text message when a transaction is started on a property whose owner has declared a mobile number through the “Tapu Telefon Bilgileri Beyan” service on e-Devlet.8 An owner without access to that service should ask the representative to check the title regularly and confirm the result in writing.
What If Someone Occupies an Empty Property?
An unoccupied property can present a different set of risks. A former tenant may stay on, a neighbour may extend into the garden, or a stranger may simply move in.
Law No. 3091 allows the provincial or district governor to order the interference to stop and return the property to its possessor. The application must, however, be made within sixty days of learning of the interference and in any event within one year of it.9 An owner who visits Türkiye only once a year may not discover the interference until both deadlines have expired. After that, the owner must go to court to recover possession and claim compensation for the occupation, known as ecrimisil.
Yargıtay 7th Civil Chamber, E. 2022/7397, K. 2024/900, 15 February 2024. The Chamber restated that ecrimisil may be claimed from a possessor in bad faith, is at least equivalent to the lost rent and is subject to a five year limitation period. An occupant who had moved in under an informal purchase from the developer was treated as acting in good faith until the termination of the developer’s contract became final, and no compensation was awarded for the period claimed.10
A written objection should therefore be made as soon as the occupation is discovered, rather than at the owner’s next visit.
How Are Legal Notices Served on an Owner Who Lives Abroad?
Under Additional Article 1 of the Notification Law No. 7201, an owner who does not live in the building must give the building manager a written address in Türkiye for notifications on building management and common expenses. If no address is given, or service there fails, notifications are made to the occupier and posted on the building notice board; if the unit is empty, the posted copy is treated as served on the owner.11 As a result, a claim for unpaid common expenses may be legally served on an owner who never personally sees the notice.
Service abroad through foreign authorities can take months, while service in a matter handled by a lawyer is made on the lawyer.12 An owner living abroad should therefore give the building manager the Turkish address of a representative or counsel and keep it up to date.
What Should a Lease in Türkiye Contain?
Residential and roofed workplace leases are governed by Articles 339 to 356 of the Code of Obligations, and lease terms other than the rent cannot be changed to the tenant’s detriment.13 Lease templates prepared under foreign law may not comply with these mandatory rules. Clauses providing for automatic expiry, penalties on the tenant, excessive deposits or indexation above the statutory cap will not be enforced as written.
The deposit may not exceed three months’ rent and must be held in a bank account that cannot be drawn on without the consent of both parties, a final enforcement decision or a court judgment.14 A deposit handed in cash to an agent falls outside this framework. Subletting requires the landlord’s written consent, which should be given in the owner’s name.15 A short handover protocol, with photographs and a list of any furniture, should record when the tenancy began and the condition of the property.
Foreign owners often wish to receive rent in their home currency. Article 4(g) of Decree No. 32 generally prohibits persons resident in Türkiye from agreeing rent in, or indexed to, foreign currency in leases between themselves, subject to exceptions, including certain cases where the tenant is resident in Türkiye but is not a Turkish citizen. Where foreign currency rent is validly agreed, it cannot be changed for five years, save in cases of hardship.16 The position of both parties should be checked before the lease is prepared.
How Much Can the Rent Be Increased?
An agreed increase for a renewed lease year is valid only up to the twelve month average change in the consumer price index for the previous lease year.17
Yargıtay 12th Civil Chamber, E. 2026/3490, K. 2026/4904, 29 June 2026. The parties had agreed an increase based on the index change over eighteen months. The Chamber held that the rule is mandatory and part of public order, and that the agreed rate was valid only up to the statutory limit.18
After five years, the court may set a new rent equitably by reference to the price index, the condition of the property and comparable rents.19 For an owner with a long standing tenant, this is often the only realistic way to bring the rent closer to the market.
An arbitration clause will not change this. Yargıtay 3rd Civil Chamber, E. 2025/893, K. 2025/3205, 10 June 2025. The Chamber held that rent determination, termination and eviction in these leases are not arbitrable, although claims for unpaid rent and compensation are.20
Can You End a Lease When the Contract Term Expires?
Foreign landlords often assume that a residential lease ends automatically on its expiry date. Under Turkish law, this is generally not the case. A fixed term lease is renewed for one year on the same terms unless the tenant gives notice at least fifteen days before expiry. The landlord may terminate without giving a reason only after a ten year extension period, by written notice served at least three months before the end of the extension year.21
Otherwise, the landlord must rely on a statutory ground. These include a genuine need for the property for the landlord or close family, substantial renovation that makes use impossible, a written undertaking by the tenant to vacate, and two justified written warnings for unpaid rent within one lease year. The deadlines are short: an action based on need or renovation must be brought within one month from the end of the lease term, and an action based on two warnings within one month from the end of the lease year.22
An undertaking to vacate must meet the applicable legal requirements. Yargıtay 3rd Civil Chamber, E. 2025/2741, K. 2025/5408, 18 November 2025. The Chamber held that an undertaking signed together with the lease, before delivery of the property, does not reflect the tenant’s free will and is invalid.23
A need based claim must also be genuine. Yargıtay 3rd Civil Chamber, E. 2024/1007, K. 2025/97, 8 January 2025. The Chamber restated that the need must be real, sincere and compelling, and must continue throughout the proceedings.24 An owner who genuinely intends to return to Türkiye may satisfy this test; a wish to relet at a higher rent will not.
What Can You Do If the Tenant Stops Paying Rent?
Turkish law provides a quicker route than the two warnings ground. Under Article 315 of the Code of Obligations, the landlord may give the tenant at least thirty days in writing to pay, stating that the lease will otherwise be terminated.25 The warning may also be included in an enforcement payment order; if the tenant neither objects nor pays, the enforcement court orders eviction. This route is excluded from mandatory mediation.26
Yargıtay 3rd Civil Chamber, E. 2026/3196, K. 2026/3683, 9 June 2026. Two notices had been handed to an employee of the tenant company, without the service record explaining why the authorised representative could not receive them. The Chamber held that service was defective, the thirty day period never started, and the eviction claim failed.27
For an owner living abroad, the legal effect of a default notice therefore depends on proper service, and the service record should be checked before the thirty days are counted.
Is Mediation Required Before Court Proceedings?
For most lease and building disputes, it is. Mediation is a precondition to suit for disputes arising from leases, other than summary eviction through enforcement proceedings, and for disputes under the Condominium Law.28
Yargıtay 3rd Civil Chamber, E. 2025/1495, K. 2025/3048, 26 May 2025. In a need based eviction, a mediation application made before the right to sue arose did not satisfy the precondition, and the action was dismissed.29
The mediation must therefore be started neither too early nor so late that the filing period is lost, and the representative’s power of attorney should expressly authorise mediation and settlement.
Will Renting Out the Property Affect Your Residence Permit?
Many foreign owners hold a short term residence permit based on owning residential property in Türkiye. The Presidency of Migration Management’s published requirements state that the property must be used by the applicant as a residence and must not be used to generate rent or similar income. For property acquired under the current rules, a minimum acquisition value equivalent to USD 200,000 in Turkish lira also applies.30 Letting the property may therefore affect the permit or its extension, and this should be considered before a lease is signed.
For investors who acquired property for citizenship purposes, the qualifying property is subject to an annotation that it will not be sold for three years.31 Any other transaction during that period should be checked against the current citizenship rules.
Can You Let the Property to Tourists?
Letting a residence for tourism purposes for up to one hundred days at a time requires a permit from the Ministry of Culture and Tourism before the first booking. The application requires the unanimous consent of the owners in the building where the unit is located; in sites with several buildings, only the owners in the relevant building need to consent.32 The Constitutional Court has upheld that rule.33 Letting without a permit is subject to escalating administrative fines, which also apply to intermediaries and to platforms that fail to remove listings after a Ministry warning.34
What Recurring Costs Continue While You Are Away?
Each owner must contribute to the building’s common expenses, whether or not the common areas are used. Late payment attracts delay compensation at five percent per month, and an uncollected debt may lead to a statutory mortgage on the unit.35 Under the notification procedure described above, this can happen even if the owner has not personally seen the notice.
Compulsory earthquake insurance must be renewed every year, and the land registry will not register transactions on the unit without a valid policy.36 Real estate tax is payable in two instalments each year, and the land registry will not transfer a property on which it is outstanding, subject to statutory exceptions.37
Do You Pay Turkish Tax on the Rent?
Yes. An individual who is not resident in Türkiye is taxed on income earned in Türkiye, including rent from Turkish property.38
The position changes if the owner lives in Türkiye continuously for more than six months in a calendar year. Such an individual is generally treated as settled in Türkiye and taxed on worldwide income, subject to the exceptions in Article 5 of the Income Tax Law and any applicable double tax treaty.39
For income earned in 2026, residential rent up to TRY 58,000 is exempt. The exemption is lost if rent above that amount is not declared or is under declared, and it is unavailable to taxpayers who must declare commercial, agricultural or professional income or whose gross income from wages, investment and rent exceeds TRY 1,500,000.40
Rent paid by companies is generally subject to twenty percent withholding, and rent on which tax has been fully withheld is generally not declared again. Expenses may be deducted at a flat rate of fifteen percent or on an actual basis. The return is filed in March of the following year, and tax is paid in two instalments, in March and July. Rent must also be paid through a bank or the Turkish postal service (PTT), and each non compliant payment can attract a penalty.41 Cash rent collected by a local agent is therefore a tax issue for the owner. Whether Turkish tax can be credited in the owner’s country of residence depends on the applicable double tax treaty.
How Should You Plan for a Sale or Succession?
On a sale, the Ministry of Trade’s Secure Payment System applies where any part of the price is paid in cash, by bank transfer or by electronic funds transfer, so that the price and title change hands at the same time. The Ministry announced on 28 September 2026 that mandatory implementation would begin on 1 December 2026.42 If the property is let, the buyer becomes a party to the existing lease.43 A gain on a disposal within five years of acquisition may be taxable, and title deed fees are payable by both seller and buyer.44
On death, succession is generally governed by the deceased’s national law, but Turkish law governs immovable property located in Türkiye.45 A will prepared only under foreign law may not achieve its intended effect. Where a foreign heir acquires property beyond the limits applicable to foreigners, the heir must dispose of it within a period of up to one year set by the Ministry, failing which it is liquidated and the proceeds are paid to the heir.46 Because a power of attorney normally ends on the owner’s death, the representative may also lose authority at the point when the heirs need someone to act.47
What Should You Look for When Choosing a Lawyer in Türkiye?
Giving legal opinions and representing persons before the courts are reserved to attorneys registered with a bar, and registration can be checked through the official search facility of the Union of Turkish Bar Associations.48 Foreign owners are often introduced to a lawyer by the estate agent, the property manager or the developer. The owner should know whether the lawyer acts only for the owner or also has a relationship with one of those parties, or with the tenant. The scope of the work and the fee basis should be agreed in writing, and the owner should keep copies of all documents signed on his or her behalf.
Frequently Asked Questions
Can I manage and let my property in Türkiye without travelling there?
Yes. A representative can sign the lease, collect rent and deal with authorities under a power of attorney executed at a Turkish consulate, or before a foreign notary with an apostille or consular legalisation. The power should be limited to management, with authority to sell or mortgage kept in a separate document.49
If I rent out the apartment, can I keep my property based residence permit?
Possibly not. The permit is based on the applicant using the property as a residence, and the Presidency of Migration Management states that it must not be used to generate rent. Check the current permit conditions before signing a lease.50
Can I end the lease when the contract term expires?
Generally not. A residential lease is renewed automatically unless the tenant gives notice. The landlord may end it only on statutory grounds, within short deadlines, or without a reason after a ten year extension period. Mediation must be started within the filing period.51
What can I do if the tenant stops paying rent?
The landlord may give the tenant at least thirty days in writing to pay, by notarial notice or through an enforcement payment order. If payment is not made, eviction can be sought through the enforcement court without prior mediation, provided the notice was validly served.52
Do I pay Turkish tax on rent if I live abroad?
Yes. Rent from Turkish property is Turkish source income. A residential rent exemption may apply subject to statutory conditions, and rent fully withheld by a corporate tenant is generally not declared again.53
Conclusion
Losses suffered by foreign property owners often result not from a lack of legal protection, but from inadequate arrangements for managing their property: a broad power of attorney, a lease drafted on foreign assumptions, an undertaking to vacate signed too early, rent collected in cash, or a letting that puts a residence permit at risk.
Foreign owners should rely on clear written arrangements rather than informal agreements with friends or agents. That means limited written authority for a representative, a lease that complies with mandatory law, traceable rent payments, a calendar for tax, insurance and permit obligations, and someone who inspects the property and reports in writing. The best time to put those arrangements in place is before leaving Türkiye.
Legal Notice
This article provides general legal information and does not constitute legal advice. The applicable legislation, regulations, administrative and judicial practice, monetary thresholds, documentation requirements, filing, notification or service dates and other deadlines where relevant, and the facts of the particular matter should be checked before any action is taken.
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2 Notary Law Regulation, art. 93, Official Gazette No. 15645, 13 July 1976.
3 Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents, in force for Türkiye since 29 September 1985, Hague Conference on Private International Law status table.
4 Turkish Code of Obligations No. 6098, arts. 512 and 513.
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6 Yargıtay 1st Civil Chamber, E. 2024/325, K. 2024/5689, 16 October 2024. Official decision database.
7 Turkish Civil Code No. 4721, arts. 1023 and 1024.
8 TKGM, text message notification of land registry transactions.
9 Law No. 3091, arts. 1 to 4.
10 Yargıtay 7th Civil Chamber, E. 2022/7397, K. 2024/900, 15 February 2024. Official decision database.
11 Notification Law No. 7201, additional art. 1.
12 Notification Law No. 7201, arts. 11 and 25.
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14 Turkish Code of Obligations No. 6098, art. 342.
15 Turkish Code of Obligations No. 6098, art. 322.
16 Decree No. 32, art. 4(g), Official Gazette No. 20249, 11 August 1989; Communiqué No. 2008-32/34, art. 8(2) and (3), Official Gazette No. 26801, 28 February 2008; Turkish Code of Obligations No. 6098, art. 344, fourth paragraph.
17 Turkish Code of Obligations No. 6098, art. 344, first paragraph, as amended by Law No. 7161.
18 Yargıtay 12th Civil Chamber, E. 2026/3490, K. 2026/4904, 29 June 2026. Official decision database.
19 Turkish Code of Obligations No. 6098, art. 344, third paragraph.
20 Yargıtay 3rd Civil Chamber, E. 2025/893, K. 2025/3205, 10 June 2025; Code of Civil Procedure No. 6100, art. 408. Official decision database.
21 Turkish Code of Obligations No. 6098, arts. 347 and 348.
22 Turkish Code of Obligations No. 6098, arts. 350, 352 and 354.
23 Yargıtay 3rd Civil Chamber, E. 2025/2741, K. 2025/5408, 18 November 2025. Official decision database.
24 Yargıtay 3rd Civil Chamber, E. 2024/1007, K. 2025/97, 8 January 2025. Official decision database.
25 Turkish Code of Obligations No. 6098, art. 315.
26 Enforcement and Bankruptcy Law No. 2004, arts. 269 and 269/a; Law No. 6325, art. 18/B(1)(a).
27 Yargıtay 3rd Civil Chamber, E. 2026/3196, K. 2026/3683, 9 June 2026; Notification Law No. 7201, arts. 12, 13 and 32. Official decision database.
28 Law No. 6325, art. 18/B.
29 Yargıtay 3rd Civil Chamber, E. 2025/1495, K. 2025/3048, 26 May 2025. Official decision database.
30 Presidency of Migration Management, residence permit application documents, short term residence permit for owners of immovable property.
31 Regulation on the Implementation of the Turkish Citizenship Law, art. 20(2)(b), Official Gazette No. 27544, 6 April 2010.
32 Law No. 7464, arts. 1(3), 2, 3(1) and 3(3).
33 Anayasa Mahkemesi, E. 2025/147, K. 2025/275, 25 December 2025, Official Gazette No. 33212, 2 April 2026. Official decision database.
34 Law No. 7464, arts. 3(7) and 4.
35 Condominium Law No. 634, arts. 20 and 22.
36 Disaster Insurance Law No. 6305, arts. 10 and 11.
37 Real Estate Tax Law No. 1319, arts. 1, 3, 8 and 30.
38 Income Tax Law No. 193, arts. 6 and 70.
39 Income Tax Law No. 193, arts. 3, 4 and 5.
40 Income Tax Law No. 193, arts. 21 and 103; Income Tax General Communiqué No. 332, art. 3(2)(b), Official Gazette No. 33124 (5th repeated), 31 December 2025.
41 Revenue Administration, Rental Income Guide for Limited Taxpayers, 2026; Tax Procedure Law No. 213, repeated art. 355.
42 Ministry of Trade, press releases on the mandatory Secure Payment System in real estate sales, 29 April 2026 and 28 September 2026.
43 Turkish Code of Obligations No. 6098, art. 310.
44 Income Tax Law No. 193, repeated art. 80; Fees Law No. 492, Tariff No. 4.
45 Law No. 5718, art. 20(1).
46 Land Registry Law No. 2644, art. 35.
47 Turkish Code of Obligations No. 6098, art. 513.
48 Attorneyship Law No. 1136, art. 35; Türkiye Barolar Birliği, Baro Levhası and Avukat Arama.
49 Turkish Code of Obligations No. 6098, art. 504; Notary Law Regulation, art. 93.
50 Presidency of Migration Management, residence permit application documents.
51 Turkish Code of Obligations No. 6098, arts. 347, 350 and 352; Law No. 6325, art. 18/B; Yargıtay 3rd Civil Chamber, E. 2025/1495, K. 2025/3048, 26 May 2025.
52 Turkish Code of Obligations No. 6098, art. 315; Enforcement and Bankruptcy Law No. 2004, arts. 269 and 269/a; Yargıtay 3rd Civil Chamber, E. 2026/3196, K. 2026/3683, 9 June 2026.
53 Income Tax Law No. 193, arts. 6, 21 and 70; Revenue Administration, Rental Income Guide for Limited Taxpayers, 2026.
