Validity and Deadline Control — Tenant Occupancy Status
Tenant occupancy is a changing fact, not a document that stays accurate simply because it was once verified. A buyer who needs vacant possession, a landlord planning a transfer, or an adviser checking a tenanted investment should therefore record both the legal lease position and the physical occupancy position close to closing. In residential and roofed-workplace leases, the stated end date of a fixed-term lease does not by itself mean that the property will be vacant on that date.
Separate lease dates from actual possession
Start by recording the signed lease date, commencement date, fixed term if any, current rent period, tenant identity, security deposit, notices, amendments and any handover record. Then separately record who is actually in possession, whether the tenant is still using the premises, whether keys have been returned, whether utilities or access cards remain active, and whether there are occupants whose position is not explained by the lease file. Legal rights and physical possession can move on different timelines, so neither side should be inferred solely from the other.
Under Article 347 of the Turkish Code of Obligations, for residential and roofed-workplace leases the tenant may end a fixed-term contract by giving notice at least fifteen days before expiry; otherwise the agreement is generally extended for one year on the same conditions. The lessor cannot simply terminate such a lease merely because the original fixed term has expired, subject to the specific statutory route that becomes available after the ten-year extension period and other termination grounds provided by law. This is why a calendar end date should never be treated as automatic vacancy.
How fresh should the occupancy evidence be?
Occupancy status should be refreshed near the decision that depends on it. A confirmation obtained months before closing may be too old if rent has continued, a notice has been served, the tenant has moved, a dispute has begun, or possession arrangements have changed. The file should show the date of the latest tenant or manager confirmation and, where vacant possession is essential, a final check immediately before funds are released or title is transferred.
Useful evidence can include the signed lease and amendments, dated written communications, rent-payment history, delivery or key-return protocol, a property-management confirmation, inspection notes made with lawful access, and documents from any court, enforcement or mediation process. No single item should be overstated. A stopped rent payment does not prove vacancy; an electricity account does not by itself prove who legally possesses the premises; and a verbal promise to leave is not the same as completed handover.
Deadlines that can change the legal picture
Different legal routes have different timing rules. A tenant's notice under Article 347, a written eviction undertaking under Article 352, notices based on rent default or other statutory grounds, and procedural steps in a dispute should not be mixed into one generic 'eviction deadline'. If the file relies on a specific notice or undertaking, record the statutory basis, the triggering date, the delivery or service evidence and the last date for the relevant action. Where a deadline is disputed or has passed, mark the matter for legal review rather than silently rolling it forward.
Rental disputes have also been within the mandatory mediation framework in Türkiye since 1 September 2023 for the categories covered by the legislation, before filing many types of rental lawsuits. The existence of a mediation application or settlement can materially change the occupancy timeline. Keep it with the lease file and do not treat an old status note prepared before the dispute as current.
Sale with a tenant in place
A sale does not make the tenant disappear. The acquiring owner should understand what lease documentation, payment history, deposit position and notices will carry into the post-transfer relationship. If the investment case assumes continuing rental income, verify the tenant's current payment and occupancy status. If the purchase price assumes vacant delivery, the contract should clearly allocate the risk of non-vacancy and should not describe future vacancy as an accomplished fact before keys and possession are actually delivered.
Where the seller states that the tenant has agreed to leave, obtain the underlying dated document and test whether the legal route and deadlines remain usable. If the tenant has already left, obtain a signed handover or other reliable evidence, confirm key control and inspect the unit. Any remaining belongings, access rights, unpaid common charges or unresolved deposit issues should be recorded instead of being hidden under a single word such as 'vacant'.
Closing record
The final occupancy note should state the date checked, the person or source checked, the legal lease status, the physical possession status, any active notice or proceeding, and the evidence for the expected handover date. If there is uncertainty, the conclusion should say exactly what remains unresolved and how that uncertainty affects payment, completion or pricing.
A robust validity-and-deadline review therefore treats occupancy as a time-sensitive transaction variable. It avoids assuming that an old lease summary, an expired contractual term or a past inspection controls the present. The aim is to make the closing decision using evidence that is both legally relevant and fresh enough to describe who has possession now and what must happen before possession can safely be promised.