Is It Allowed to Airbnb an Apartment for Rent? Legal Risks and Investment Analysis

May 26, 2026

Yes, it can be done; however, if you are not the property owner, you must have "subletting" authorization, and in accordance with Law No. 7464, the property owner is legally required to obtain a Tourism Accommodation License on your behalf. If your personal tenancy agreement contains a "cannot be rented to others" clause, or if the necessary permits have not been obtained, this activity becomes an illegal enterprise resulting in high administrative fines.

What is it? (Legal Framework)

Marketing a rented house via Airbnb is legally considered a commercial subletting activity. With the new legislation that came into force on January 1, 2024, a tenancy agreement alone is not sufficient.

Permit Obligation: The property owner's notarized consent must be secured, and they must complete the process of obtaining a Tourism Accommodation License via e-state (e-devlet).
Risk Scenario: For rentals carried out without a permit, administrative fines starting from 100,000 TRY and reaching up to 1,000,000 TRY in case the activity continues are applied for each detected accommodation unit.

How is it done? (Operational Process)

The process consists of more than just creating a listing; operational excellence and legal compliance must run simultaneously:

Consent Document: There must be no clauses preventing short-term rentals in the building management plan, and 100% unanimous approval from the property owners must be obtained.
Certification: An Airbnb permit certificate must be obtained from the Ministry of Culture and Tourism.
Identity Declaration: The data of every staying guest must be safely shared with the police via the KBS (Identity Reporting System).
Taxation: VAT and Accommodation Tax must be declared on the income generated.

Where is it done? (Location and ROI)

Not every rental home is suitable for Airbnb. The following criteria are critical for the return on investment (ROI):

Demand Areas: Locations with high tourist/commercial mobility such as Istanbul (Besiktas, Beyoglu, Kadikoy), Antalya or Bodrum.
Income Comparison: A professionally managed Airbnb property carries a 50% to 150% higher gross income potential compared to a standard annual rental. However, if operational costs (cleaning, linen, hosting) are not managed correctly, this difference can dwindle.

Who is it suitable for? (The Decision Maker)

This model is for investors who do not want to keep their property empty but want to avoid long-term tenant risks (eviction problems, low rent increase rates).

Strategic Note: Instead of taking the risk of subletting on your own, you can transform your property into a safe financial asset by choosing Homeyday's legal compliance and income optimization model.

Would you like to eliminate legal risks and get the maximum return from your rental property? Get a free income analysis and legal real estate consultancy from Homeyday real estate experts.

Is It Possible to Do Airbnb Without Getting Permission From the Landlord?

No, it is not possible. In accordance with Law No. 7464, in order to do Airbnb as a tenant, your lease agreement must explicitly grant you "subletting" authority and the property owner must apply for a tourism housing certificate on your behalf via e-Devlet. Otherwise, you will face both contract termination and heavy administrative fines.

Can Airbnb Be Done If There Is a Ban in the Apartment Management Plan?

If the management plan contains a "no short-term rentals" clause, or if a notarized consent letter has not been obtained from all property owners (100% unanimity), Airbnb activities cannot be legally carried out. Even a complaint from a single neighbor can lead to the cancellation of your permit.

How Much is the Penalty for Unauthorized Airbnb Rental?

Within the scope of the regulations that came into force in 2024, an administrative fine of 100,000 TL is imposed for each detected property on those who rent out residential properties for tourism purposes without a permit. If the activity continues, this amount gradually increases up to 1,000,000 TL.

Is Tax Paid When Doing Airbnb in a Rented House?

Yes, this activity constitutes commercial income. In addition to income tax on the revenue generated, if an invoice is issued, a 20% VAT and a 2% Accommodation Tax on the accommodation fee must be declared and paid.