My Landlord Is Selling the Property: Do I Have to Move Out? | Antalya Lawyer Guide
If the apartment or house you rent in Antalya is being sold, the sale itself does not normally end your tenancy. Under Turkish law, the purchaser generally becomes the new party to the existing lease. A new owner may have separate statutory rights to seek eviction in certain circumstances, particularly where there is a genuine housing or business need, but purchasing the property does not create an automatic right to remove the tenant.
No. A rented property being sold does not by itself require the tenant to move out. Article 310 of the Turkish Code of Obligations provides that when the rented property changes ownership after the lease has been established, the new owner becomes a party to the existing rental agreement. If the new owner later seeks eviction, there must be a legally recognised ground and the correct procedure must be followed.
Does Selling a Rented Property Automatically End the Lease in Turkey?
No. The basic rule is contained in Article 310 of the Turkish Code of Obligations.
Where the rented property changes ownership after the lease has been established, the new owner becomes a party to the existing lease relationship.
The transfer of title does not automatically cancel the existing rental agreement. The purchaser generally steps into the landlord’s legal position.
This means that a tenant should not assume that a sale notice, estate-agent message or statement such as “the buyer wants the apartment empty” is itself sufficient to terminate the tenancy.
The existence of a new owner and the existence of a lawful ground for eviction are separate legal questions.
What Happens to the Existing Rental Agreement After the Property Is Sold?
The existing lease generally continues with the purchaser as the new landlord.
Important contractual matters therefore do not disappear merely because the name on the title deed has changed.
The tenancy generally continues rather than automatically restarting from the purchase date.
The tenant should continue to address rent payments properly and obtain reliable evidence of the new owner’s payment instructions.
Rent, renewal, payment and other lease provisions remain legally significant unless lawfully changed.
The buyer does not acquire an automatic eviction right merely by purchasing the property.
Can the New Owner Evict the Tenant Because They Want to Live in the Property?
Potentially, yes, but not simply because the buyer prefers the property to be empty.
Article 351 provides a specific termination route where the person who acquires the property genuinely needs it as a residence or workplace for:
A genuine residential or business need of the purchaser may be legally relevant.
The statutory provision expressly covers the spouse.
Children, parents and other qualifying descendants or ascendants fall within the statutory framework.
The provision also covers other persons whom the owner is legally obliged to support.
The alleged need must be assessed according to the circumstances of the individual case. Purchasing the property for investment, wishing to obtain a higher rent or simply preferring a different tenant should not automatically be confused with the statutory need ground.
What Are the One-Month Notice and Six-Month Rules?
One route provided by Article 351 contains two important time points.
The relevant acquisition date must first be established from the ownership records.
Where the purchaser wishes to use this statutory route, the tenant must be notified in writing of the need within the legal period beginning from acquisition.
Article 351 does not provide for immediate eviction. Proceedings under this route are brought after the statutory six-month period.
Meeting the notice and timing requirements does not remove the need to establish the legally relevant necessity relied upon.
Can the New Owner Wait Until the End of the Rental Period?
Yes. Article 351 also provides another route connected with the end of the existing lease period.
Instead of relying on the acquisition-plus-six-month route, the new owner may, where the statutory requirements are met, use the need-based termination right through an action filed within the legally prescribed period beginning from the end of the lease term.
This is one reason why the following dates should always be reviewed together:
Establishes the contractual rental cycle.
Determines where the tenancy currently stands.
Critical for the Article 351 acquisition-based route.
Service, mediation and filing chronology may affect the available legal route.
For a broader explanation of eviction grounds and statutory deadlines, see Tenant Eviction and Eviction Undertaking in Antalya .
Do I Have to Let Estate Agents or Buyers View the Property?
A tenant cannot necessarily refuse every viewing merely because the landlord intends to sell the property.
Article 319 of the Turkish Code of Obligations requires the tenant, to the extent necessary for sale, maintenance or subsequent letting, to permit the landlord and persons designated by the landlord to inspect the property.
The landlord must give appropriate advance notice and must take the tenant’s interests into account when arranging the viewing.
This creates a balance. The landlord has a legitimate interest in showing a property that is genuinely being sold, but that does not mean estate agents or prospective purchasers should enter without appropriate arrangements or disregard the tenant’s occupation of the home.
Do I Have to Sign a New Lease With the Buyer?
Not merely because ownership has changed.
Article 310 already provides the statutory mechanism by which the new owner enters the lease relationship. There is therefore no general rule requiring the tenant to replace the existing agreement simply because the property has been sold.
Particular caution is appropriate where the new owner presents a separate tahliye taahhütnamesi or written eviction undertaking.
Foreign tenants who want a broader overview of lease documents can also read Renting Property in Turkey: Legal Guide for Foreigners .
Can the New Owner Immediately Increase the Rent Because They Bought the Property?
The acquisition itself does not create a separate right to discard the existing rent and impose any new amount the purchaser chooses.
Rent increases and rent determination are governed by their own provisions of Turkish rental law. The relevant renewal date, contractual clause, statutory CPI framework and age of the tenancy must be considered independently from the ownership transfer.
If the purchaser says, “I bought the apartment at today’s market value, so you must now pay today’s market rent,” that statement should be analysed as a rent-law issue, not assumed to be a consequence of the sale itself.
For the detailed rules, see Landlord Wants to Increase Your Rent? Tenant Rights in Turkey .
Can the New Owner Change the Locks or Disconnect Utilities?
Ownership does not mean that lawful possession can simply be recovered through self-help measures.
A dispute over possession, termination or eviction should be resolved through the legally applicable procedure rather than by physically excluding the tenant.
If the tenant remains legally in possession, actions such as changing the locks, removing belongings, blocking access or interfering with essential services may create separate legal issues and should be documented carefully.
What If the New Owner Evicts for Personal Need and Then Rents the Property to Someone Else?
Turkish law contains an important safeguard against misuse of the necessity-based eviction route.
Under Article 355, where the property has been vacated because of the landlord’s need, the landlord generally cannot, without justified reason, rent it to someone other than the former tenant until three years have passed.
Violation of the statutory restriction may create a compensation claim. The Code provides for compensation of not less than one year’s rent paid during the final rental year where the statutory conditions are satisfied.
The application of Article 355 depends on how the tenant actually vacated, the legal basis used and the later conduct of the landlord. It should therefore be assessed from the documents and procedural history rather than from the fact of a later advertisement alone.
What Should a Foreign Tenant in Antalya Do When the Property Is Being Sold?
Foreign residents are sometimes placed under additional practical pressure because the contract, title records, notarial notices and court documents are in Turkish.
A sensible response is to establish the legal position before deciding whether to leave.
Preserve the signed agreement, annexes and any later amendments.
Ask for sale, payment and requested-vacating information in a form that can be documented.
Do not redirect rent to an unfamiliar account merely because someone states that the property has been purchased.
Keep bank records and identify the relevant rental period clearly.
A new lease, settlement, release or eviction undertaking can materially change the legal position.
The acquisition date, service date, claimed need and requested vacating date may all be legally relevant.
Is Mandatory Mediation Relevant to a New Owner Eviction Dispute?
Yes. Rental disputes have generally been included within Turkey’s mandatory pre-litigation mediation system since 1 September 2023, subject to the statutory exceptions.
A dispute concerning eviction because of the new owner’s alleged need may therefore require completion of the applicable mediation stage before court proceedings.
The mediation process can also provide an opportunity to negotiate a voluntary move-out date, payment arrangements or other terms where both parties prefer a settlement rather than litigation.
How I Review a Property Sale and Tenant Eviction File in Antalya
The fact that the property was sold is only the starting point. I first reconstruct the ownership and lease chronology and then determine whether the purchaser is relying on a legally available eviction ground.
Attorney Cennet Kesici Çetinbaş
Attorney Cennet Kesici Çetinbaş graduated from Akdeniz University Faculty of Law in 2014 and has been practising law since 2015. She is registered with the Antalya Bar Association under registration number 4696. Her practice includes landlord and tenant disputes, eviction proceedings, rent disputes and other property-related civil matters in Antalya.
Property Sales and Tenant Rights in Turkey
Does my lease end automatically when the landlord sells the property?
No. Under Article 310 of the Turkish Code of Obligations, when the rented property changes ownership after the lease is established, the new owner generally becomes a party to the existing lease.
Can the buyer tell me to leave immediately?
Purchasing the property does not by itself create an immediate eviction right. A legally recognised termination ground and the procedure applicable to that ground must be considered.
What if the new owner wants to live in the apartment?
Article 351 may allow a new owner with a genuine statutory residential or workplace need to seek termination. The relevant notice, timing and procedural requirements must still be satisfied.
Does the six-month rule mean I must leave six months after the sale?
No. The six-month period is part of one statutory litigation route under Article 351. It does not itself produce automatic eviction at the end of six months.
Do I have to sign a new rental agreement with the buyer?
Not merely because ownership changed. The existing rental relationship generally continues. Any proposed replacement agreement should be reviewed because it may alter rent, duration, termination or other contractual rights.
Can the new owner increase my rent immediately?
The sale alone does not allow the purchaser to impose any new rent they choose. Rent increases remain subject to the separate statutory rules governing rent and renewal.
Do I have to allow prospective buyers to view the property?
Article 319 requires a tenant to permit viewings to the extent necessary for a sale, but the landlord must provide appropriate advance notice and take the tenant’s interests into account.
Can the buyer change the locks if I refuse to leave?
A possession dispute should be resolved through the applicable legal procedure. Ownership does not by itself justify bypassing statutory eviction rules by physically excluding a tenant who remains lawfully in possession.
What happens if I was evicted for the owner’s need and the property is rented to someone else?
Article 355 contains restrictions on re-letting after a need-based vacation and may provide a compensation remedy where its statutory requirements are satisfied. The way the tenant vacated and the later use of the property should be reviewed carefully.
Can an English-speaking lawyer in Antalya review a new owner’s eviction notice?
Yes. The lease, acquisition date, written notice, claimed need, payment history, mediation requirements and relevant statutory deadlines can be reviewed together before the tenant decides how to respond.
Legal Framework Used in This Guide
- Turkish Code of Obligations No. 6098, particularly Articles 310, 319, 351 and 355.
- Grand National Assembly of Türkiye – Turkish Code of Obligations
- Turkish Code of Obligations No. 6098 – Official Institutional Copy
- Republic of Türkiye Ministry of Justice – Mandatory Mediation in Rental Disputes
Has Your Landlord Sold the Property or Has the New Owner Asked You to Leave?
Attorney Cennet Kesici Çetinbaş provides English-language legal assistance in Antalya concerning property-sale tenancy disputes, new-owner eviction claims, lease review, notices and related landlord-tenant proceedings under Turkish law.
