According to press reports, the 3rd Civil Chamber of the Turkish Court of Cassation said litigation costs cannot be imposed on a tenant who lawfully moves out before the new rental period.
1. In short
According to press reports, the 3rd Civil Chamber of the Turkish Court of Cassation said litigation costs cannot be imposed on a tenant who lawfully moves out before the new rental period begins. The reports say these costs remain with the landlord.
2. Why did the question arise?
According to the reports, the İstanbul, Bursa, Antalya and Sakarya regional courts of appeal reached different decisions. The Presidents' Board of the Civil Chambers of the İstanbul Regional Court of Appeal referred the issue to the Court of Cassation.
3. What did the Court say?
As summarised in the reports, the reasoning rests on three points:
• A landlord may file a rent determination case at any time. If filed at least 30 days before the new period, the rent set may bind the tenant from the start of that period.
• A tenant may decline to renew by giving notice at least 15 days before the contract term ends.
• Using this right does not mean the tenant caused the lawsuit.
4. Which provisions are relevant?
The reports cite no article numbers. The subject generally relates to:
• Code of Obligations, Art. 344: setting the rent and the 30-day period before a new term.
• Code of Obligations, Art. 347: the tenant's 15-day notice.
• Code of Civil Procedure, Art. 331: costs when a case becomes moot, decided according to the parties' position on the filing date.
5. Which situations does it cover?
• Tenant gave timely notice and left before the new period: according to the reports, costs are not imposed on the tenant and remain with the landlord.
• Tenant left after the new period began: not addressed in the reports.
• Tenant left without the 15-day notice: not addressed in the reports.
• Tenant stayed and the case continued: not the subject of this decision.
6. What can the parties keep in mind?
For tenants:
• Give non-renewal notice in writing, in a form that can be proven.
• Check the notice date against the contract end date.
• Document the move-out date and the return of keys.
For landlords:
• Consider asking in writing, before filing, whether the tenant will continue the contract.
• Take into account the cost risk if the case becomes moot.
• Include the mandatory mediation stage in the timeline.
7. Will every case have the same result?
Each case depends on its own facts. The notice date, the move-out date and the filing date may be decisive. The reports do not give the case and decision numbers; this assessment should be updated when the full text is published.
Sources:
• Memurlar.net, 28 October 2026: https://www.memurlar.net/haber/1182359/yargitay-suresinde-evi-tahliye-eden-kiraciya-dava-masrafi-yuklenemez.html
• Gazete Vatan, 28 October 2026: https://www.gazetevatan.com/galeri/ev-sahipleri-ve-kiracilar-dikkat-kira-tespit-davalarinda-emsal-karar-yargitay-son-noktayi-koydu-2420220
• Sözcü, 29 October 2026: https://www.sozcu.com.tr/yargitay-dan-kiracilari-sevindiren-emsal-karar-o-masraflar-silindi-p373987
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.
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