What Is a Notice (İhtarname) and How to Send One via Notary in Türkiye

What Is a Notice (İhtarname)?

A notice, known in Turkish as an ihtarname, is a formal legal document sent to a counterparty regarding rights that arise from a contract or the law. It may require the recipient to fulfill an obligation that has been neglected, or to stop a certain action that should not be carried out.

According to Article 98 of the Regulation on Notaries, a notice is defined as:
“A procedure for delivering or notifying in writing the rights and requests arising from law, contract, custom, or tradition.”

In some cases, Turkish law requires the sending of a notice. For example, under tenancy law, if a landlord wishes to file an eviction lawsuit for unpaid rent, at least two justified notices must be delivered to the tenant within a single rental term. Although certain cases make notices mandatory, in most situations they are optional. Nevertheless, sending a notice is strongly recommended because it provides important evidence in future legal disputes.

What Does Sending a Notice Mean?

The expression “sending a notice” is widely used in practice and refers to delivering a prepared notice to the counterparty, most often through a notary.

Why Send a Notice?

Notices serve two main purposes.
The first is to comply with a legal obligation. In some cases, the law makes it mandatory to send a notice in order to establish or protect a legal right.
The second is to provide proof in potential disputes. Even when not required, a notice demonstrates that the sender has officially informed the counterparty of their legal stance. This can affect court decisions on the start date of interest, limitation periods, and forfeiture deadlines.

How Should a Notice Be Drafted?

A notice should be prepared in a format similar to a legal petition. It must be clear, professional, and respectful. The content should avoid vague or confusing statements and should be written in a way that prevents any unintended admissions that could later harm the sender in court.

Whenever possible, a notice should be drafted with the help of a lawyer who has expertise in the relevant legal area.

How to Deliver a Notice

Although notices can be sent through letters, emails, or even messaging applications, these methods may not always provide reliable proof of delivery.

For stronger legal protection, it is better to use:

• Registered mail with return receipt

• Delivery through a notary, which is the most reliable method in business and legal relations

Sending a notice through a notary ensures that delivery is officially recorded and cannot be disputed.

Sending a Notice via Notary

A notice may be submitted to a notary in writing, either prepared by the sender or their lawyer, or dictated verbally at the notary office.

To avoid mistakes that may cause loss of rights, it is highly recommended that the notice be drafted and processed by a lawyer.

Notary Fees

The notary fee depends on the number of pages in the notice. Therefore, concise and precise wording not only makes the notice more effective but also reduces the cost.

Article 106 of the Notary Law sets the requirements for a valid notice. These include:

• The names and addresses of the parties

• The subject of the notice

• The signature of the applicant

• The notary’s signature, seal, and the date in both words and numbers

Can a Notice Be Sent Without a Lawyer?

It is legally possible to send a notice without a lawyer. However, many people unintentionally include statements in their self-prepared notices that can later work against them in court. For this reason, having a lawyer prepare the notice is strongly recommended to ensure that the process is handled correctly and no rights are lost.

Should You Respond to a Notice?

Responding to a notice is not always necessary unless required by law. However, if the recipient wants to reject the claims or protect themselves from liability, a reply notice, called a cevabi ihtarname, may be sent. This is especially common when the recipient disputes the content of the initial notice.

Situations Where Sending a Notice Is Mandatory

Examples of situations where a notice must be sent include:

• Eviction for non-payment of rent, where two justified notices are required in the same rental term

• Cases of co-ownership, where a notice of prevention from benefit is required before seeking compensation (ecrimisil)

• Employment disputes, where most terminations require written notice unless there is an immediate just cause

• Inheritance and debt collection, where Article 889 of the Turkish Civil Code requires creditors to notify within one month of receiving distribution confirmation if they reject it

• Leases of residences and roofed workplaces, where Article 347 of the Turkish Code of Obligations requires written notice

Notices in Commercial Disputes

In addition to personal and civil matters, notices are frequently used in commercial disputes.

Why Notices Matter in Business Relations

Businesses often issue notices to each other concerning unpaid debts, breaches of contract, or failure to perform obligations. In these cases, working with a commercial law attorney is essential.

Commercial law frequently involves cross-border issues. This is especially true in maritime trade and international commercial contracts. Because these activities usually span multiple jurisdictions, the decisions of international arbitration tribunals are very important. These arbitral decisions are widely followed and can influence how courts approach similar disputes.

Key Elements of a Commercial Notice

A strong commercial notice should include:

• A clear description of the dispute and its cause

• The date of the event

• The amount or subject matter in dispute

• Relevant arbitral tribunal precedents

• Examples of commercial court decisions from the counterparty’s country

• Identification details of both parties, including company seals and signatures

• Supporting documents explaining the dispute

The Role of Lawyers in Commercial Notices

Commercial law places a strong emphasis on good faith. If the counterparty is not proven to have acted in bad faith, it may not be possible to claim damages. An experienced lawyer can ensure that the notice is properly structured, supported by arbitral precedents, and enforceable in cross-border disputes.

Litigation Prerequisites

In many commercial disputes, the law requires that the counterparty be informed before a lawsuit is filed. This serves several purposes.
It reduces court workloads, provides evidence of bad faith when relevant, and encourages out-of-court resolution.

For these reasons, sending a notice is often the first and most important step before starting litigation in commercial matters.

Conclusion

Notices, known as ihtarnameler in Türkiye, are powerful tools in both civil and commercial law. They help protect rights, prevent disputes, and ensure compliance with legal requirements.

At Bayraktar Attorneys, we provide professional legal support in drafting and delivering notices. Our team ensures that each notice complies with Turkish law and, in the case of commercial disputes, with international standards.