Istanbul, February 14 – A recent Supreme Court of Appeals decision has sent shockwaves through the landlord-tenant community in Istanbul, particularly in the Şişli district. The ruling centered on the validity of a tenancy termination agreement signed a day after the initial lease agreement, ultimately siding with the landlord and leading to the tenant’s eviction.
Eviction Crisis Continues Between Landlords and Tenants
The ongoing disputes between property owners and tenants regarding evictions continue to be a prominent issue. In this specific case, a landlord in Istanbul’s Şişli district rented out an apartment on May 15, 2022, for 3,500 TL. Allegedly, the landlord obtained a tenancy termination agreement from the tenant just one day after the rental agreement was finalized.
A year later, the landlord sought to evict the tenant, but the tenant refused to vacate the property, claiming the termination agreement was signed under duress. Consequently, the landlord filed a lawsuit, and the local court initially ruled in favor of the tenant. However, the case was then escalated to the Supreme Court of Appeals, which issued a noteworthy decision.
Supreme Court of Appeals Overturns Local Court Decision
Lawyer Aylin Esra Eren, who elaborated on the legal process and the Supreme Court’s decision to milliyet.com.tr, stated, “The dispute between the tenant and the landlord has been resolved by the Supreme Court of Appeals.”
The tenant of the property, rented on May 15, 2022, signed a tenancy termination agreement on May 16, 2022. Following the rental and the agreement, the tenant did not vacate the property. On May 17, 2023, the landlord initiated enforcement proceedings due to the tenant’s failure to leave the premises. The tenant, however, argued that the termination agreement was signed under coercion and requested the rejection of the enforcement proceedings.
Local Court Ruled in Favor of the Tenant
Subsequently, on June 13, 2023, the landlord filed a lawsuit for the annulment of the objection. In their defense, the tenant claimed that the termination agreement was signed under duress and coercion during the rental contract’s drafting, requesting the dismissal of the lawsuit. The local court ruled that the tenant’s statements were more credible due to the difference in dates between the signing of the rental contract and the tenancy termination agreement, and thus rejected the case.
The court considered the fact that the termination agreement was signed one day after the rental contract as evidence supporting the tenant’s claim of having signed the document under pressure.
Supreme Court: “Agreement Signed After Lease is Valid”
However, the Supreme Court of Appeals overturned the local court’s decision. The Supreme Court ruled that the tenancy termination agreement signed on May 16, 2022, should be considered as having been signed by the tenant’s free will. Furthermore, it emphasized that a tenancy termination agreement given after the rental contract is valid. The Supreme Court stated that the tenant failed to prove these claims and ruled for the annulment of the local court’s decision in favor of the law.
This decision indicates that a tenancy termination agreement signed by the tenant’s free will will be considered valid. Although tenants often claim that termination agreements are signed under duress, the Supreme Court has determined that such situations will not be deemed invalid. This ruling sets an important precedent regarding the validity of tenancy termination agreements obtained after the conclusion of a lease agreement.
The Supreme Court’s decision, issued on February 25, 2025 (as per original data, though article date is 2026), will serve as a significant reference in similar landlord-tenant disputes. If the tenant’s claims of signing an agreement under duress cannot be proven, eviction requests will be considered valid. This decision redefines the balance between tenants and landlords in Turkish law.
“If a tenancy termination agreement is signed on the same day as the lease agreement, it is not considered legally valid. However, if the tenancy termination agreement is signed one day after the lease agreement, we can say that there is a Supreme Court decision that deems it valid,” concluded Lawyer Eren.
