Lease Agreement Records — Recordkeeping Guide
Lease recordkeeping is not the storage of miscellaneous papers. It is the creation of a file from which a new owner, lawyer or accountant can reconstruct the tenancy without relying on the seller’s memory. For an occupied property, Article 310 of the Turkish Code of Obligations provides that the new owner becomes a party to the existing lease when ownership changes. The quality of the tenancy file therefore affects the transaction itself. A usable record should show who the tenant is, which contract version controls, the current rent, where the security is held, what has been paid, what remains unpaid, and whether notices or disputes are open.
Identify the controlling contract
Place the signed original lease at the front of the file, followed chronologically by every addendum, protocol or later amendment. Do not treat a draft, unsigned scan or incomplete copy as equivalent to the signed instrument. Maintain a version index showing the date, parties and exact clause changed by each later document, such as rent, term, bank account, security, permitted use or handover obligation. If two documents conflict, record the conflict instead of silently labelling one “latest” unless the sequence is proved.
Connect the papers to actual occupation
Record both the contractual tenant and the person or entity actually occupying the premises. If they differ, preserve the document explaining the legal basis. Article 322 restricts subletting and transfer of use for residential and roofed workplace leases without the required written consent. A different name on the door does not automatically establish a breach, but it is material enough to document. Note the date and method by which occupation was confirmed.
Maintain a monthly payment ledger
For each rental period, record the due date, contractual amount, amount received, receipt date, payer, beneficiary account and bank reference. Article 313 imposes the rent-payment obligation on the tenant, while Article 315 addresses default in rent and due ancillary expenses. From 17 October 2024, Revenue Administration General Communiqué No. 328 broadened the documentation obligation for rent receipts and payments through banks or PTT and removed the former TRY 500 housing threshold. Keep the bank receipt or statement itself; an internal spreadsheet alone is not payment evidence.
Keep security separate from rent
Create a distinct security-deposit record showing the amount, payment date, custody method and every deduction or use, with supporting evidence. Article 342 contains specific rules for security in residential and roofed workplace leases. Do not casually relabel the deposit as “last month’s rent.” When the property is sold, record whether responsibility for the security is transferred, whether funds are actually delivered, or whether the security remains in a banking mechanism.
Preserve notices together with proof of service
A notice can lose practical value if the file cannot show that it was sent or received when service matters. Preserve the complete text, sender, recipient, date, delivery method and delivery evidence. If the notice concerns termination, default or another legal consequence, note the contractual or statutory basis relied upon. Article 348 requires written form for termination notices in residential and roofed workplace leases, so the file should allow a reviewer to see exactly what was sent and when.
Create a dispute and proceeding register
Open a separate case sheet for any negotiation, mediation, lawsuit or enforcement file. Record the case number, parties, issue, amount, current stage, latest action and next deadline. Since 1 September 2023, rental disputes within Article 18/B of the Mediation Law are generally subject to mandatory pre-litigation mediation, subject to statutory exceptions. Do not label the relationship “no dispute” if a mediation or enforcement process remains active.
Log changes to payment instructions
A last-minute change of bank account is an operational risk. Keep the request, its source, the method used to verify it, the effective date and the first payment made under the new instruction. Do not rely solely on an unverified instant message to change the rent beneficiary. After a sale, preserve the tenant notice containing the new owner’s payment instructions and evidence of delivery, then link the first post-sale rent to the handover file.
Use a formal handover register at sale
On title-transfer day, prepare a tenancy-file handover sheet listing the contract and addenda, payment ledger, bank evidence, security record, notices, dispute papers, inspection or key records and all open items. Add a financial settlement showing prepaid or overdue rent and how amounts are allocated between seller and buyer up to the transfer date. The buyer should not start ownership by trying to reconstruct the prior landlord’s cash flow from messages.
Control originals, copies and translations
Keep the signed original or authoritative electronic version where available, plus a searchable working copy. Mark the source and retrieval date. Do not overwrite an older document when a new version arrives; preserve the version history. If a translation is used, retain it next to the original rather than replacing the original. For bank receipts and screenshots, make sure date, reference, payer, beneficiary and amount remain legible.
Retention and access
There is no single retention period suitable for every lease record. Limitation periods, taxation, litigation, lender requirements and future resale can require different retention horizons. Do not destroy documents linked to an open claim, audit or unresolved settlement. Because a tenancy file contains personal and financial data, restrict access, maintain secure backups and document who changed the file.
Closure test
A record is ready only if a reviewer who did not participate in the transaction can answer ten questions from the file: who is the tenant, who occupies the premises, which contract version controls, what is the current rent, what was the latest payment, is anything overdue, where is the security, are notices outstanding, is there a dispute, and what exactly passed to the buyer at sale? If any answer still depends on calling the seller, the recordkeeping task is not complete.
Conclusion: Good lease recordkeeping turns a legal and financial relationship from scattered personal knowledge into a reproducible evidence chain. It reduces the risk of lost income, duplicate claims, security disputes and reliance on oral promises that cannot be proved after ownership changes.