Rental Assistance, Eviction Process and Legal Application Guide

The rights of tenants in the urban transformation process are determined by Law No. 6306 and its implementing regulations, covering rental assistance, temporary housing allocation, loan-interest support, and litigation rights. However, to benefit from these rights, correct timing, the right application authority, and complete documentation are vitally important. Incorrect or late applications can lead to irreversible loss of rights.

1. Fundamental Rights of Tenants within Urban Transformation Scope

Pursuant to Article 5 of Law No. 6306 on the Transformation of Areas Under Disaster Risk, certain rights have been granted to non-owner tenants during the demolition of risky structures and urban transformation implementations. These rights are fundamentally as follows:

Rental Assistance: Rental assistance may be provided to tenants residing in structures evacuated by agreement or to those with workplaces. Pursuant to Article 16 of the Implementing Regulation, tenants are stipulated to receive a lump sum (in one payment) rental assistance equal to twice the monthly rent. However, rental assistance can only be claimed for a single independent section actually occupied.

Relocation Assistance Urban transformation relocation assistance is significant financial support provided to tenants living in risky structures under Law No. 6306. This assistance is given to individuals who are forced to vacate their residences or workplaces due to urban transformation, in order to cover their relocation expenses. Relocation assistance is paid to tenants as a one-time payment, and the amount is determined as double the monthly rent support provided to property owners. Whether the tenant resides in a dwelling or operates a business, the amount of assistance remains the same. The urban transformation relocation assistance amounts valid in 2025 vary by province.

Temporary Housing or Workplace Allocation: Instead of rent assistance, it is also legally possible to allocate temporary housing or workplaces to tenants, subject to available resources.

Loan and Interest Support: In accordance with Article 6, Paragraph 3 of the Law, for tenants determined to have resided or had a workplace in a risky structure for at least one year; if they wish to acquire their residence or workplace with their own means, interest support may be provided for loans extended by banks that have signed a protocol with the Ministry.

Housing Certificate: Tenants who meet the residency requirement for at least one year may be issued a housing certificate, the procedures and principles of which are determined by the Ministry.

2. Conditions for Benefiting from Rights

Specific conditions for tenants to exercise the rights mentioned above have been emphasized in judicial decisions and legislation:

Eviction by Agreement: It is essential that the structure has been vacated by agreement for the rights to be exercised.

Actual Residency/Operation Condition: To benefit from rent assistance, one must be actually residing in the building in question on the date the risky building identification number was issued or on the evacuation date or operating a workplace.

Duration Condition (For Loan): For rights such as loan support and housing certificates, the condition is that the tenant must have been residing in the relevant building for at least one year or have a workplace there.

3. Application Authorities and Procedure

Tenants must apply to the following authorities to exercise their rights:

Application Location: Rent assistance applications are made to the “Relevant Institution” (Ministry, TOKİ, or Municipality) in risky areas or reserve building areas; and for risky buildings outside risky areas, they are made to the Provincial Directorates of Environment and Urbanization or, if authority has been delegated, to the relevant Municipalities (Administration).

Application Period: Rent assistance applications must be made within one year at the latest from the evacuation date. If this period is exceeded, the requests are rejected.

Loan Application: For interest support and loan rights, applications must be made to banks that have signed a protocol with the Ministry.

4. Appeal and Legal Action Rights

Objection to Risky Building Determination: Judicial decisions (Council of State 6th Chamber, 2020/5348 K) state that tenants do not have the right to administrative appeal against the “risky building determination” process, and that this right belongs only to the owners or their legal representatives.

Lawsuit Against Eviction and Demolition Procedures: Although tenants do not have the right to object to the determination of a risky structure, they have the right to file a lawsuit in administrative courts against administrative actions that directly affect them, such as the eviction and demolition of the structure, and the cutting of electricity, water, and natural gas, on the grounds that their interests have been violated.

5. Information Obtained from Secondary Sources

In light of judicial decisions and private rulings that qualify as secondary sources, the following additional points should be emphasized:

Tax and Fee Exemptions: It is stated that tenants who have been renting for at least one year may benefit from exemptions in certain transactions within the scope of urban transformation projects (notary fees, land registry fees, stamp duty, etc.) and that the BSMV (Bank and Insurance Transaction Tax) exemption may be applied to bank loans.

Notary Requirement: In transactions such as the transfer of rent assistance rights, a notary approval requirement may be sought for legal security reasons.

Statute of Limitations for Lawsuits: In lawsuits to be filed against administrative actions, it is considered that if the administration does not explicitly specify the period for filing a lawsuit, the general statute of limitations (60 days) should be applied, and failure to do so may violate the right to access a court.

Eviction Notice: Owners have an obligation to notify their tenants for eviction; if the owner fails to provide notice, this notification is carried out by the relevant administration.