Entering into a lease agreement in 2026 requires both tenants and landlords to ensure that every clause is drafted in full compliance with current regulations. Key elements such as the rent amount, annual increase rate, security deposit, condition report, eviction undertaking, and insurance terms directly affect the validity of the contract and the rights of both parties. Because of this, “standard templates” are no longer sufficient for 2026 rental agreements.

The contract must reflect updated legal practices, including TÜFE-based (CPI-based) increase limits, the legal ceiling for deposits, mandatory mediation procedures, and detailed records of fixtures and property condition. Below, we explain the 7 essential clauses that must be included in every rental agreement in 2026—clearly, legally, and in practical terms.

1. How is the rent determined? What are the payment rules and increase limits for 2026?

• The rent must be written as a clear, fixed amount.
• Payments should be made via bank transfer; cash payments should be strictly avoided.
• The annual increase must comply with the 12-month average CPI limit for residential leases.
• Unlawful phrases such as “The rent increases by XX% every year” should not be added.
• Responsibility for maintenance fees, heating, and shared expenses must be explicitly defined.

2. Security Deposit and Return Conditions

• The security deposit cannot exceed three months’ rent.
• It should be written as “equivalent to X months of rent,” not as a fixed amount in currency.
• The refund amount must be calculated based on the rent at the time of move-out.
• Refund conditions must rely on the condition report and the inventory/fixtures list.
• Invalid clauses such as “The deposit will be used to cover expenses” should not be included.

3. Condition Report & Fixtures List — Protection Against Disputes

• All items and the overall condition of the property must be recorded with a photographic condition report.
• Scratches, cracks, moisture, old paint, boiler condition, and plumbing must be clearly listed.
• The tenant cannot make alterations without permission; if they do, they must restore the property to its original state.

4. Eviction Undertaking — Valid Only if Freely and Consciously Given

• An eviction undertaking must be handwritten by the tenant on a date later than the lease signing date.
• Documents prepared on the same day as the lease are legally invalid.
• It must not be signed under pressure, threat, or deception.

5. Contract Duration, Termination, and Renewal

• Start and end dates must be written correctly.
• After the first year, the lease automatically renews.
• The landlord cannot terminate the contract at the end of the first year; the tenant can.
• The standard notice period for termination is 15–30 days depending on the terms.
• Clauses such as “The tenant cannot leave before one year” are legally invalid.

6. Mandatory Mediation in Rental Disputes

• Mediation is legally required for all rental disputes.
• The contract should include: “In case of dispute, the parties shall first apply to mediation.”
• This clause speeds up the process and reduces the need for lengthy court proceedings.

7. Insurance, Damage Liability, and Responsibility Allocation

• The compulsory earthquake insurance (DASK) is the landlord’s responsibility.
• The contract must clearly state who is responsible for home insurance coverage (fire, water damage, theft, etc.).
• Damages caused by the tenant’s negligence fall on the tenant; structural or system-related issues fall on the landlord.
• If the tenant does not take out personal contents insurance, the landlord is not liable for damage to the tenant’s belongings.

Preparing a rental agreement correctly in 2026 ensures a smooth and well-managed process for both tenants and landlords. If you would like to receive guidance throughout your leasing journey, review the right property portfolios, or rent out your property securely, Space İstanbul through our nine offices across different districts of the city and our team of expert consultants is here to provide the most suitable solution for you.