In Turkish residential and commercial lease disputes, landlords frequently claim "delayed eviction damages" for the period consumed by legal proceedings, as well as "property misuse and damage compensation" following key handover. Both statutory provisions under Law No. 6098 (Turkish Code of Obligations - TCO) and binding Court of Cassation (Yargıtay) precedents establish strict parameters governing these claims.
1. Can Landlords Claim Extra Compensation Due to Lengthy Eviction Litigation?
When landlords initiate eviction lawsuits based on eviction undertakings or personal necessity, tenants possess the legal right to request a stay of execution and file regional appeal (istinaf) and supreme court (temyiz) petitions. Landlords often contend that multi-year judicial delays forced them to lease alternative premises at higher costs, demanding compensation from the tenant.
However, Yargıtay 3rd Civil Chamber (Decision No. 2026/3320 dated May 21, 2026) established a firm precedent: A tenant's exercise of constitutional appeal rights during eviction litigation is entirely lawful. As long as the tenant pays statutory rent while litigation remains pending, the tenant cannot be held liable for additional "delayed eviction" or "rent differential" damages.
2. Mandatory Notice of Property Defects Under TCO Article 335
Under TCO Article 335, upon receiving possession of the property, the landlord is obligated to inspect the premises and notify the tenant immediately in writing of any non-ordinary defects or damages for which the tenant is responsible. Failure to give timely written notice releases the tenant from liability.
- Written Notice Requirement: Notification must be delivered via notary warning or registered postal mail. Verbal statements, instant messages, or mediation applications fail to satisfy statutory written notice requirements under TCO 335.
- Promptness (Reasonable Period): Formal judicial evidence determination must be requested immediately following handover (within days). Compensation lawsuits filed months after handover are routinely dismissed due to statutory preclusion.
3. Strategic Recommendations for Property Owners and Foreign Tenants in Kuşadası
To avoid severe financial losses during rental property handovers in Kuşadası, Aydın, and the Aegean region, foreign buyers and landlords should follow these best practices:
- Execute a formal key handover protocol detailing the physical condition of the property at the moment of return.
- If damage is discovered, immediately file for judicial evidence determination at the Civil Court of Peace (Sulh Hukuk Mahkemesi) and issue a formal notary warning to the tenant.
- Tenants should preserve copies of all rent payment receipts and signed protocols to defend against unfounded damage claims.
Frequently Asked Questions
Does a tenant's appeal in an eviction lawsuit entitle the landlord to extra compensation?
No. Under Yargıtay precedents, exercising constitutional legal remedies and appeal rights during eviction litigation cannot be deemed unlawful. Landlords cannot claim extra damages beyond standard rent while proceedings remain pending.
When must a landlord claim compensation for rental property defects and damage?
Under Turkish Code of Obligations Art. 335, the landlord must inspect the premises immediately upon handover and notify the tenant in writing of any defects for which the tenant is held liable without delay.
Do verbal notices or messaging records satisfy the written notice requirement under TCO 335?
No. Yargıtay rulings strictly require formal written notification (such as notary notices or registered letters); messaging logs or verbal statements fail to satisfy statutory notice requirements.
Binding Yargıtay Precedent Ruling
Yargıtay 3rd Civil Chamber Precedent Ruling
Merits: 2025/6254, Decision: 2026/3320 (Date: 21.05.2026)
Summary: The Court of Cassation held that a tenant exercising constitutional rights to appeal an eviction decree cannot be subjected to extra-contractual damage claims for delayed handover. Furthermore, landlords are bound to notify property defects immediately in writing under TCO Art. 335.
"[…] pursuant to article 335 of the Turkish Code of Obligations no. 6098, headed review of the leased property and notice to the tenant, the lessor failed to discharge the obligation to inspect the condition of the leased property and to notify the tenant immediately and in writing of the deficiencies and defects for which the tenant is responsible; and since the grounds for eviction regulated in article 352 of the Turkish Code of Obligations concern termination and eviction by way of court action, the tenant's use of the lawful means of defence and of the judicial process as a constitutional right, provided it remains within lawful limits, cannot be regarded as unlawful in an action brought on those grounds; accordingly, as it is not possible to claim compensation other than the rent, the plaintiff's grounds of appeal on points of law were rejected and the judgment, found to be in accordance with procedure and the law, was upheld […]"View Full Decision (Turkish)
(Translated excerpt; Turkish original is authoritative)
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