How to verify tenant occupancy before buying property in Türkiye
Buying an occupied property is fundamentally different from buying a vacant one. The most dangerous shortcut is to accept a seller statement that the tenant will leave when the property is sold. Article 310 of Turkish Code of Obligations No. 6098 states that when the leased property changes hands after the lease is formed, the new owner becomes a party to the lease. Sale therefore does not automatically erase the tenancy or give the buyer immediate vacant possession. Tenant occupancy must be treated as a separate legal and operational due-diligence file.
1. Establish who actually occupies the unit
Inspect the property and identify the occupier by name, capacity and approximate start date. Reconcile that information with the lease, rent transfers, receipts and management correspondence. If the person in possession is not the named tenant, determine whether that person is a spouse, relative, subtenant or another user. Utility bills may support a factual picture, but they do not replace the lease or prove every legal term of occupation.
2. Obtain the complete lease record
Review the contract date, term, rent, due date, increase mechanism, deposit, allocation of aidat and utilities, permitted use and every later amendment. Where several versions exist, identify the latest signed version and explain changes. Türkiye also has the Ministry of Treasury and Finance Kira Sözleşmesi İşlemleri service on e-Devlet, through which eligible parties can create and approve rental contracts, and an e-Devlet verification service for barcoded rental-contract documents. A digital record is useful evidence but the clauses still need to be read and reconciled with actual performance.
3. Review a payment history, not only the last receipt
Request a schedule showing rent due and paid for a meaningful period, the bank account receiving rent, any arrears and any dispute over rent adjustment. Separate rent from aidat, utilities and deposit. Cash payment patterns deserve additional evidence. A missing bank transfer does not by itself prove that no lease exists, and recurring transfers do not by themselves establish all contractual terms. Reconcile amounts and dates to notices and the lease.
4. Treat the deposit as a live closing item
Identify the deposit amount, where it is held and how it will be transferred or economically settled between seller and buyer. Closing should not leave the buyer unaware that the tenant has a deposit claim under the lease relationship. Record the balance and the handover mechanism. Any seller allegation that part of the deposit has already been consumed should be supported by evidence and should not be netted against unrelated property liabilities without a clear basis.
5. Understand what a sale does to the lease
Article 310 makes the buyer the new landlord under the existing lease. The transaction should therefore be priced and planned on the assumption that the lease continues unless a legally effective termination is established. For residential and roofed workplace leases, Article 347 also contains special continuation and termination rules, so the written end date does not automatically mean that the landlord can recover possession on that date. If the buyer needs immediate personal occupation, the existing tenancy is a central acquisition constraint.
6. If the buyer needs the property, analyse Article 351 rather than relying on sales promises
Article 351 addresses a new owners genuine need to use the property as a residence or workplace for the owner, spouse, descendants, ascendants or persons the owner is legally required to support. The statute links this route to written notice within one month after acquisition and an action after six months, while also preserving an alternative route tied to the end of the contractual period. It is not an instant eviction mechanism on title-transfer day. The factual and procedural requirements matter, so a tenanted apartment should not be marketed as immediately vacant merely because the buyer intends to live there.
7. Verify any eviction undertaking separately
If the seller relies on a tahliye taahhüdü, obtain the original or reliable complete record, signing date, promised vacating date, identity of the signer and connection to the lease. Article 352 refers to a written undertaking made after delivery of the leased property in which the tenant agrees to vacate on a specified date, and it imposes a time-sensitive route for enforcement or court action. A blank form, incomplete copy or promise that the tenant will sign later is not equivalent. Where vacant possession is essential, legal review of the undertaking is justified.
8. Inspect notices, mediation, litigation and enforcement files
Request any formal notice, payment demand, mediation record, lawsuit or enforcement file connected with rent or possession. A seller statement that the case is certain to succeed is not evidence. Record the case or file number, authority, current stage, next date and operative decisions. A rent-adjustment dispute, non-payment case, need-based termination and enforcement of an eviction undertaking have different legal paths and timing.
9. Closing-day and handover check
Immediately before final payment, confirm that occupancy has not changed and that no new lease, amendment or settlement has been made. If the deal is priced as vacant possession, verify actual departure, keys and condition of the unit rather than a future promise. If the tenant remains, transfer the complete lease file, amendments, payment history, deposit record, contact information and open notices to the buyer. Also allocate rent for the period in which transfer date falls inside a payment cycle.
Red flags
- The seller refuses to identify the occupier or provide the lease.
- Several lease versions exist with unexplained dates or rent terms.
- Vacant possession is promised on closing without verifiable evidence.
- Bank transfers materially differ from the rent written in the contract.
- The deposit amount or holder is unknown.
- An eviction case is claimed but no file details are provided.
- The seller treats expiry of the written term as automatic removal of the tenant.
Frequently asked questions
Does sale of the apartment terminate the lease? No. Article 310 makes the new owner a party to the lease.
Can the buyer move in immediately simply because title changed? Not automatically where a tenant remains; the relevant statutory route must be followed.
Can an e-Devlet lease be verified? Türkiye provides official rental-contract services and verification of barcoded rental documents.
Official sources
- Ministry of Justice — Turkish Code of Obligations No. 6098, Articles 310, 347, 351 and 352
- e-Devlet / Ministry of Treasury and Finance — Rental Contract Transactions
- e-Devlet — Ministry of Treasury and Finance services, including rental-document verification
Additional questions and context
How should “Review arrears, notices, pending disputes, subletting/occupant changes and utilities/management records” be applied specifically in Tenant occupancy status Verification Guide?
Review arrears, notices, pending disputes, subletting/occupant changes and utilities/management records where appropriate. A property marketed as “tenant-free” should be physically checked and supported by a valid surrender/termination record if a tenant recently left.
How should “Sale of an occupied property does not automatically mean immediate” be applied specifically in Tenant occupancy status Verification Guide?
Sale of an occupied property does not automatically mean immediate vacant possession; current tenant rights and transfer effects must be assessed under the applicable lease law. The purchase contract should state whether the buyer accepts occupancy or requires a defined vacant-possession condition.
How should “Tenant-occupancy verification should establish who physically occupies the unit and” be applied specifically in Tenant occupancy status Verification Guide?
Tenant-occupancy verification should establish who physically occupies the unit and on what legal/contractual basis. Match the current lease parties, start/term information, rent, deposit and payment history with the person actually in possession.