Selling and Buying a Home with a Sitting Tenant

Selling a home with a tenant in it doesn't end the existing lease. Under the Turkish Code of Obligations, if ownership of the leased property changes, the new owner steps into the lease as landlord; the tenant continues to live there on the same terms.

Eviction by the new owner for genuine need

A new owner who wants to use the home for their own housing need, or that of their spouse, descendants, ancestors, or other dependents, can end the lease through a lawsuit filed six months later, provided they notify the tenant in writing within one month of acquiring the property. The need must be genuine and in good faith.

For the seller

• Tell the tenant about your intent to sell ahead of time, and agree on a reasonable arrangement for showings.
• Share the lease contract, the current rent, and the deposit details with the buyer.
• Reach a written agreement with the buyer on whether the deposit is transferred or refunded.

For the buyer

• Ask for a copy of the lease contract; check the rent, start date, and term.
• Check whether the lease is annotated (şerh) on the title deed.
• Don't rely on a verbal promise that the tenant will move out; a written eviction commitment has strict validity conditions.
• If you're buying as an investment, calculate the rental yield using the current rent.