A foreign buyer who is legally eligible to acquire the property can generally buy a tenanted apartment in Istanbul. However, the sale does not automatically end the lease or entitle the buyer to immediate vacant possession.
Buying an apartment in Istanbul that already has a tenant can be attractive to foreign investors. Instead of searching for a tenant after completing the purchase, the buyer may acquire a property that is already generating rental income.
However, an existing tenant also means that the buyer is acquiring a property subject to an ongoing legal relationship.
Under Turkish law, purchasing an apartment does not automatically terminate its existing residential lease.
Before signing a purchase agreement or transferring money, foreign buyers should understand the tenant's rights, the existing lease terms, the property's rental income and the legal procedures that may apply if they eventually wish to recover possession.
IGA Law Firm, an Istanbul-based law firm assisting international property investors, provides independent legal due diligence and transaction-related advice to foreign buyers considering residential property acquisitions in Türkiye.
Quick Answer: Can a Foreigner Buy an Apartment in Istanbul That Already Has a Tenant?
Yes. A foreign national who is legally eligible to acquire the relevant property in Türkiye can generally purchase an apartment even if a tenant currently occupies it.
However, under Article 310 of the Turkish Code of Obligations (Law No. 6098), when a leased property changes ownership, the new owner becomes a party to the existing lease.
This means:
- The existing lease generally continues after the sale.
- The buyer does not automatically receive vacant possession.
- The new owner assumes the landlord's position under the lease.
- Existing contractual terms and statutory tenant protections must be considered.
- Eviction requires an applicable legal ground and the proper procedure.
For foreign investors, the key question is therefore not simply whether the apartment can be purchased, but whether its existing tenancy is compatible with the buyer's intended use and investment strategy.
1. What Happens to the Existing Tenant When an Apartment Is Sold?
One of the most common misunderstandings among foreign property buyers is that purchasing an apartment gives the new owner an immediate right to require the tenant to leave.
Turkish law does not generally operate this way.
Article 310 of the Turkish Code of Obligations provides that the new property owner becomes a party to the existing rental agreement.
For example, suppose a foreign investor purchases an apartment in central Istanbul that is already rented under a residential lease.
After the title deed transfer, the investor becomes the new landlord, but the tenant does not automatically lose the right to occupy the apartment.
The buyer must consider the existing lease and applicable statutory protections.
Practical implication: A tenanted apartment should be assessed as an investment with an existing contractual relationship, rather than as an immediately vacant property.
2. Can the New Owner Evict the Tenant After Purchasing the Apartment?
A new owner cannot lawfully evict a tenant merely because ownership has changed.
Nevertheless, Turkish law provides certain grounds on which a lease may be terminated, subject to statutory conditions and procedural requirements.
Eviction Based on the New Owner's Genuine Housing Need
Article 351 of the Turkish Code of Obligations addresses termination based on the new owner's legally qualifying need for the property.
Where the statutory conditions are met, the new owner may pursue termination because the property is genuinely required for the owner or certain qualifying family members or dependants.
One route under Article 351 requires written notice to the tenant within one month of acquiring the property, followed by a termination lawsuit after six months from acquisition.
The provision also allows a new owner to bring a need-based claim within one month after the contractual lease term ends. Notice service, the applicable route and the effect of procedural steps on deadlines require individual legal assessment.
These are procedural routes, not automatic eviction rights.
The legal validity of the claimed need, relevant evidence, notice requirements and litigation deadlines must be assessed in the individual case.
A foreign buyer should not assume that a six-month period guarantees vacant possession.
Other Potential Grounds for Termination
Depending on the circumstances, other statutory grounds may include qualifying non-payment situations, a legally valid written undertaking to vacate or other grounds expressly recognized by Turkish law.
Each ground has its own requirements.
A buyer should obtain legal advice before relying on any alleged right to terminate the tenancy. The timing and validity of a written undertaking to vacate, and the deadlines for acting on it, must be checked rather than accepted solely on the seller’s assurance.
Pre-Action Mediation
Under Article 18/B of Law No. 6325, disputes arising from a lease generally require an application to mediation before filing a lawsuit. The provision excepts eviction through non-judgment enforcement under Law No. 2004. A lawyer should check the applicable route and coordinate the notice, mediation and filing timetable.
3. What Should Foreign Buyers Check Before Purchasing a Tenanted Apartment?
A buyer considering an occupied apartment should conduct tenancy-specific legal due diligence in addition to the usual property ownership checks.
A. Existing Rental Agreement
Request the existing lease agreement and review:
- The identity of the tenant and landlord.
- The commencement date.
- The contractual rent.
- The payment schedule.
- The deposit provisions.
- The lease duration and renewal terms.
- Any relevant amendments or additional agreements.
The absence of a written agreement should not be treated as proof that no legally protected tenancy exists.
B. Actual Rental Payments
The seller's statement about monthly rental income should be checked against available evidence.
Request appropriate rental payment records, with personal information handled lawfully.
A property advertised as producing a particular monthly rent may have a different payment history or unresolved rent-related issues.
C. Security Deposit
Clarify the existing security deposit, its legal status and any relevant obligations that will affect the new landlord.
The treatment of the deposit should be addressed in the transaction documentation rather than left to informal assumptions.
D. Tenant-Related Disputes
Ask whether there are any existing legal disputes, formal notices, payment claims or pending proceedings involving the tenant.
Where relevant and lawfully accessible, the available supporting documents should be reviewed.
E. Intended Use of the Apartment
A property purchased for long-term rental income presents different considerations from an apartment intended for the buyer's personal occupation.
Likewise, an investor planning future short-term accommodation use should not assume that the existing tenant can be removed or that the property can automatically be operated as a holiday rental.
The legal feasibility of the intended use should be reviewed before purchase.
4. Can a Foreign Buyer Receive Rental Income After Purchasing the Property?
Generally, the new owner assumes the landlord's position and may become entitled to rent arising after the transfer, subject to the lease, applicable law and the specific transaction circumstances.
However, several practical matters require attention:
- Establish the effective ownership transfer date.
- Identify any rent already paid in advance.
- Determine whether outstanding rent belongs to the previous owner or forms part of a separately agreed arrangement.
- Communicate the ownership change and appropriate payment instructions to the tenant.
- Review the applicable tax and reporting obligations.
Foreign investors should also obtain appropriate tax advice regarding rental income, particularly where they live outside Türkiye.
A purchase agreement should address the allocation of rent and other relevant financial obligations between seller and buyer.
5. Is a Tenanted Apartment a Good Investment in Istanbul?
A tenant-occupied apartment may provide an established rental income stream, but this does not automatically make it a better investment than a vacant apartment.
The decision depends on the buyer's objectives.
Consider the following hypothetical comparison:
- Rental income at acquisition — Tenanted apartment: Existing rental relationship may generate income; Vacant apartment: New tenant must usually be found.
- Immediate personal occupation — Tenanted apartment: Subject to tenant rights; Vacant apartment: Depends on actual vacant possession.
- Rental pricing — Tenanted apartment: Existing lease and statutory rules apply; Vacant apartment: Initial terms depend on market conditions and law.
- Flexibility — Tenanted apartment: Existing contractual commitments; Vacant apartment: Potentially greater flexibility.
- Legal review — Tenanted apartment: Property and tenancy due diligence; Vacant apartment: Property due diligence remains necessary.
Neither category guarantees a particular return, occupancy level or resale value.
For a foreign investor, the legal terms of an existing tenancy can materially affect the economic attractiveness of the purchase.
6. What If the Buyer Wants Turkish Citizenship Through Property Investment?
A tenant-occupied apartment is not automatically disqualified from consideration for Turkish citizenship by investment merely because it is rented.
However, the existence of a tenant does not establish citizenship eligibility either.
The applicable investment framework generally requires a qualifying real estate investment of at least USD 400,000 or its equivalent, together with the necessary documentation and statutory conditions, including the applicable three-year restriction against resale.
The competent authorities determine eligibility.
Investors must distinguish between two separate questions:
Property investment question: Does the existing tenancy fit the investor's intended use, financial objectives and risk tolerance?
Citizenship eligibility question: Does the property and proposed transaction meet the applicable investment, ownership, valuation, payment and documentation requirements?
These questions should be assessed independently.
For the citizenship-specific requirements, read:
How to Check if a Property Qualifies for Turkish Citizenship Before Buying
Foreign investors considering citizenship-related acquisitions may also consult:
Turkish Citizenship by Investment Lawyer — IGA Law Firm
7. Why Should Foreign Buyers Arrange Independent Legal Due Diligence?
A real estate agent may help identify suitable apartments, arrange viewings and facilitate negotiations.
However, commercial property selection and independent legal advice serve different purposes.
Before buying a tenant-occupied apartment, an independent lawyer can review the relevant documents and explain the legal consequences of the proposed transaction.
Depending on the agreed scope of representation and available records, the review may address:
- Title deed ownership and relevant registered restrictions.
- Existing lease documents.
- Tenant-related contractual obligations.
- Available evidence of rental payments.
- Deposit arrangements.
- Known disputes and relevant legal notices.
- Sale agreement provisions.
- Allocation of rent and obligations at completion.
- Potential statutory termination routes, where relevant.
Legal due diligence cannot guarantee a particular investment outcome or eliminate all risks.
Its purpose is to help the buyer identify material legal issues before committing to the purchase.
Buying a Tenant-Occupied Apartment in Istanbul? Before signing a purchase agreement, consider reviewing the existing lease, relevant property records and transaction documents with independent Turkish legal counsel.
Contact IGA Law Firm About Your Property Purchase
8. How IGA Law Firm Assists Foreign Property Buyers in Istanbul
IGA Law Firm provides legal assistance to international investors purchasing property in Türkiye.
Founded by attorney Irmak Gürer Aksöz, the firm advises international clients on real estate transactions, investment-related legal matters and Turkish citizenship by investment.
For foreign buyers considering a tenant-occupied apartment, IGA Law Firm can discuss the appropriate scope of legal review, including the available property and tenancy documentation, transaction terms and relevant legal risks.
The firm also provides Chinese- and English-language communication support, helping international clients understand the legal process and communicate with the legal team.
Investors who have already identified an apartment may contact IGA Law Firm before signing binding purchase documents or transferring substantial funds.
Considering a tenant-occupied apartment in Istanbul?
Contact IGA Law Firm to discuss the proposed purchase, existing lease documentation and the legal review appropriate for your transaction.
Speak With IGA Law Firm About Your Property Purchase
Frequently Asked Questions
Can foreigners buy apartments with tenants in Istanbul?
Yes, subject to the foreign buyer's legal eligibility to acquire the particular property. An existing tenant does not generally prevent a sale, but the tenancy must be considered before purchase.
Does the tenant have to leave when the apartment is sold?
No. Under Article 310 of the Turkish Code of Obligations, the new owner generally becomes a party to the existing lease.
Can I evict a tenant immediately after buying an apartment in Turkey?
Not simply because you have purchased the property. Eviction requires an applicable legal ground and compliance with the relevant statutory procedure.
How long does it take to evict a tenant after buying property in Turkey?
There is no universal guaranteed timeline. The applicable ground, notice requirements, court procedures and individual circumstances affect the process. Article 351 contains specific procedural rules for qualifying new-owner need cases.
Can I collect rent from the existing tenant after buying the property?
Generally, the new owner assumes the landlord's position. The allocation of rent around the transfer date and any advance payments should be reviewed and documented.
Can a rented apartment qualify for Turkish citizenship by investment?
An existing residential tenancy does not by itself establish or exclude eligibility. The property and transaction must independently meet the applicable citizenship investment requirements.
Should I review the lease before paying a deposit?
Yes. Reviewing the existing tenancy before making a binding commitment can help identify restrictions, payment issues and legal obligations that may affect the buyer's decision.
Can a Chinese investor buy a tenant-occupied apartment in Istanbul?
A Chinese investor may be able to acquire a tenant-occupied apartment, subject to the foreign acquisition rules applicable to the buyer and the property. The existing lease and legal status should be reviewed before the transaction.
Do I need a lawyer to buy a tenanted apartment in Istanbul?
Legal representation is not universally mandatory for every property purchase. However, independent legal advice can help foreign buyers understand existing tenancy obligations, transaction documents and relevant legal risks.
Can I convert a tenanted apartment into an Airbnb property?
Not automatically. Existing tenant rights must be respected, and short-term rental operations are subject to separate legal and administrative requirements. Both issues should be reviewed before purchasing.
Legal Sources and Further Reading
Primary legal source:
Turkish Code of Obligations, Law No. 6098, particularly Articles 310, 350, 351 and 352.
Official legislation reference:
Turkish Code of Obligations — official text
Deposit arrangements also require consideration of relevant provisions including Article 342. Pre-action mediation is addressed in Article 18/B of Law No. 6325.
Law No. 7445 introducing Article 18/B — Official Gazette
Investment Office: Acquiring Property and Citizenship
Related IGA Law Firm resources:
Real Estate Lawyer in Turkey for Foreign Buyers
Turkish Citizenship by Investment Lawyer
How to Check Property Eligibility for Turkish Citizenship
Author and Sources
Prepared by: IGA Law Firm Editorial Team
Published: 13 November 2026.
Jurisdiction: Türkiye
Editorial source check: 13 November 2026. This date records source verification, not an individual attorney review.
Disclaimer: This article provides general legal information and does not constitute legal advice for any specific transaction. Property, tenancy and citizenship matters require individual assessment under applicable Turkish law.
