Ending a Lease in Yalova: Grounds for Eviction and Time Limits

For residential and roofed commercial leases, ending the contract depends on grounds and time limits set by law, for both tenant and landlord. Missing a limit can lead to loss of rights. This article offers a general overview for people in Yalova; it does not replace an assessment of your specific case.

1. What happens when a fixed-term lease ends?

Unless the tenant gives notice at least fifteen days before the end of the term, the lease is deemed extended on the same terms for one year. The landlord cannot end the lease merely because the term has expired. After the ten-year extension period, the landlord may end the lease without stating a reason by giving notice at least three months before the end of any following extension year (Turkish Code of Obligations, TCO Art. 347).

2. The landlord's main grounds for eviction

• Housing or workplace need: the landlord, spouse, descendants, ascendants or persons the landlord must legally support need to use the property (TCO Art. 350). In fixed-term leases the action must be filed within one month of the end of the term.
• Reconstruction or zoning works: where substantial repair, extension or alteration is necessary and the property cannot be used during the works (TCO Art. 350).
• Written undertaking to vacate: where the tenant, after receiving the property, undertook in writing to vacate on a certain date and did not, the landlord may start enforcement or sue within one month from that date (TCO Art. 352/1).
• Two justified warnings: where two justified written warnings were made about unpaid rent within a lease year, the landlord may sue within one month from the end of the relevant period (TCO Art. 352/2).
• Tenant owning another suitable home: if the tenant or the spouse living with them has a suitable home within the same district or municipality and the landlord was unaware when the lease was made, an action may be filed within one month from the end of the lease (TCO Art. 352/3).

3. Non-payment of rent

If the tenant does not pay rent that has fallen due, the landlord may give a written deadline and state that the lease will be terminated if payment is not made. The deadline must be at least ten days, and at least thirty days for residential and roofed commercial leases (TCO Art. 315). It starts on the day after written notice is given, so proper drafting and service of the notice matter.

4. Rent increases

Agreements on rent for renewed lease periods are valid provided they do not exceed the change in the twelve-month average of the consumer price index over the previous lease year (TCO Art. 344). Because temporary special limits may apply, current regulations should be checked before any increase.

5. Which court?

Lease disputes are generally heard by civil courts of peace, and the competent court is where the property is located. For properties in Yalova, this is the Yalova Courthouse. See our Yalova guide for the buildings.

6. Why time limits matter

Many of the limits above are one-month forfeiture periods. If you received a warning or plan to send one, seek legal advice with your documents without delay. You can create an appointment or reach us via the contact page.

This article is for general information only and is not legal advice.