14.07.2026 10:41
Entering the home of a tenant without their consent using a spare key or locksmith constitutes the crime of 'Violation of Dwelling Inviolability' under the Turkish Penal Code, punishable by 6 months to 2 years in prison.
Bad news for property owners who enter a tenant's home without consent, using a spare key or locksmith, under various pretexts.
Legal experts note that such a violation may not merely be considered "improper behavior." They state that entering a tenant's home on grounds like 'Was the paint scratched, were the sockets removed, is the house kept clean?' constitutes the crime of "Violation of Residential Immunity" under Article 116 of the Turkish Penal Code (TCK), punishable by 6 months to 2 years in prison.
"CAN LEAD TO SEVERE CONSEQUENCES"
Property owners who enter a tenant's apartment without permission under various pretexts may face shocking penalties. Lawyer Selman Nuri Kaya from the Bursa Bar Association answered the question 'Can the landlord enter the house without notice?' with 'Absolutely not.'
Emphasizing that the violation may not merely remain as "improper behavior," Lawyer Selman Nuri Kaya said, "Under Article 116 of the TCK, a complaint-based criminal investigation may arise. If the act is committed with qualified elements such as force, threat, or at nighttime, it can lead to more severe consequences under TCK Article 116/4 and, if conditions are met, TCK Article 119."
"CANNOT EVEN KEEP A KEY"
Lawyer Kaya stated that landlords cannot even keep a key, saying, "The landlord cannot keep a key. It is against the law for the landlord to possess and use a spare key during the lease term to enter without the tenant's consent. Even in cases such as sale, showing to a new tenant candidate, or mandatory repairs, the landlord must give prior notice to the tenant and obtain approval. Unnotified or unauthorized entries are considered criminal offenses."
ONLY CAN ENTER WITHOUT PERMISSION IN THESE CASES
Lawyer Kaya also explained the only situations in which a landlord may enter without the tenant's consent. Kaya said, "Entry is only possible in very urgent situations that threaten the house and surroundings, such as water bursts or fires, accompanied by police or authorities."
WHAT SHOULD THE TENANT DO?
Describing the course of action a tenant should take if the landlord enters the home without permission using a spare key, Lawyer Kaya stated, "You can file a complaint with the Public Prosecutor's Office for the crime of 'Violation of Residential Immunity' with your evidence (camera recordings, witnesses, messages, etc.). According to Article 319 of the Turkish Code of Obligations, which regulates the lease relationship, the tenant is obliged to allow the landlord or designated third parties (real estate agents, buyer candidates, etc.) to tour the home to the extent necessary for the sale, maintenance, or subsequent rental processes."