Checking whether every party is describing the same lease
A lease problem often appears not because the contract is missing, but because the seller, tenant, property manager, bank records and sale file each describe the relationship differently. One source may show a former owner, another a new bank account, another a different rent, and the tenant may identify the unit by a door number that does not match the title-deed independent-unit number. A cross-party consistency check tests those differences before they become a closing dispute.
Build one common identity sheet
Start with the title-deed identification of the property and the current registered owner. Add the lease’s lessor and tenant names, identification numbers where lawfully available, postal address, block/door information, independent-unit number and the contact details being used. Then compare those fields with rent transfers, management records and any notices. A mismatch is not automatically fraud: ownership can change, addresses can be renumbered and payments can be made through authorized accounts. But every difference must have a documentary explanation.
Understand why the landlord name can legitimately change
Article 310 of the Turkish Code of Obligations is central to this review. If ownership of the leased property changes after the lease has been formed, the new owner becomes a party to the lease. Therefore a tenant may continue to hold an older signed contract naming the former owner while paying rent to the new owner. The correct response is not to alter the old contract. Preserve it, prove the ownership transfer, and document when and how the tenant was told where lawful payments should be made.
Reconcile rent amount and payment instructions
Compare the contract and signed amendments with the amount the tenant says is due and the amount the seller says is received. Then trace bank payments by month. If the bank account changed, identify the written instruction or other evidence supporting the change. A payment to a relative, manager or third party may have a legitimate explanation, but the buyer should not assume that it satisfies the lease without seeing the authority or the parties’ consistent acceptance. The same discipline applies to cash: undocumented cash claims are weak evidence when the financial model depends on the stated rental income.
Reconcile security and common-expense records
Ask both seller and tenant to identify the security deposit and compare the answers with the contract and receipt. In residential and roofed workplace leases, Article 342 limits agreed security to three months’ rent and regulates money or negotiable instruments given as security. If the seller says no deposit exists while the tenant produces a signed receipt, the difference must be resolved before transfer. Compare also the lease allocation of common expenses with management statements; do not use the management ledger to rewrite the lease or the lease to erase an actual building debt.
Check the parties’ account of termination and possession
If the seller says the tenant will leave, ask what document supports the statement and compare it with the tenant’s position. Notices, mediation files and any written evacuation undertaking should be reviewed in their original form. Article 352 regulates written undertakings to vacate made after delivery, and rental disputes generally fall within mandatory pre-litigation mediation in Türkiye subject to statutory exceptions. The file should therefore distinguish an intention to leave from a legally and factually completed handover.
Resolve differences before they are priced into the transaction
At the end of the review, create a short discrepancy list: field, sources compared, explanation, evidence and status. The objective is not to force every source to look identical. It is to make legitimate changes traceable and unexplained differences visible. A property can be perfectly saleable with an old lease and a changed owner, but it should not be sold on mutually inconsistent versions of rent, deposit, tenant identity or possession.
