When Can a Tenant Be Evicted in Türkiye? Landlords' Legal Remedies

Turkish law strongly protects tenants in residential and roofed commercial leases: a landlord cannot simply evict a tenant because the lease term has ended. However, the Turkish Code of Obligations allows the landlord to end the lease in certain cases. Most of these involve short, preclusive time limits, so care is needed.

Expiry of the term alone is not enough

Under Article 347, unless the tenant gives notice at least fifteen days before the end of a fixed-term lease, the lease is deemed extended for one year on the same terms. The landlord cannot end the lease by relying on expiry of the term. However, after a ten-year extension period, the landlord may end the lease without giving any reason by giving notice at least three months before the end of each subsequent extension year.

Grounds arising from the landlord (Art. 350)

• Need: the landlord needs to use the property as a home or workplace for themselves, their spouse, descendants, ascendants or persons they are legally obliged to support.
• Reconstruction and renovation: major repairs, extension or alteration are required for reconstruction or renovation and the property cannot be used during the works.

In these cases, for fixed-term leases the action must be filed within one month of the end of the term. The need must be genuine, sincere and compelling; moreover, under Article 355, a property vacated on these grounds may not be let to anyone other than the former tenant for three years without just cause; otherwise the landlord must pay the former tenant compensation of no less than one year's rent paid in the last lease year.

Grounds arising from the tenant (Art. 352)

• Written undertaking to vacate: if the tenant undertook in writing, after delivery of the property, to vacate on a certain date and has not done so, the landlord may end the lease by applying for enforcement or filing an action within one month of that date. Whether an undertaking signed together with the lease is valid is a frequently debated issue.
• Two justified warnings: if the tenant has caused two justified written warnings to be served within a lease year for non-payment of rent, the landlord may file an action within one month of the end of the lease year in which the warnings were given.
• Tenant owns a home: if the tenant or their cohabiting spouse owns a habitable home in the same district or town and the landlord did not know this when the lease was concluded, an action may be filed within one month of the end of the lease.

Non-payment of rent (default)

If the tenant fails to pay rent, the landlord may set a deadline in writing and state that the lease will be terminated if payment is not made within it. For residential and roofed commercial leases this deadline is at least thirty days. In practice this route is usually pursued together with enforcement proceedings.

Mediation

Under Article 18/B of Law No. 6325, applying to a mediator before filing suit is a precondition for disputes arising from lease relationships. However, eviction through enforcement proceedings without judgment under the Enforcement and Bankruptcy Law is excluded from this requirement.

Important warning

A landlord may not forcibly remove a tenant, change the locks or cut off utilities such as electricity and water without an eviction order obtained through the courts or enforcement offices. Such actions may give rise to civil and criminal liability.

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