Workplace (Commercial) Eviction Processes and Grounds (Turkey)
Legal ways to evict shopping mall, shop, and office tenants in Turkey. Default, the 10-year extension rule, and Mediation.
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This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
In commercial real estate in Turkey (offices, warehouses, and retail shops), landlords cannot terminate a lease solely because the initial term (e.g., 5 years) has expired. Under the Turkish Code of Obligations (TCO) (effective 1 July 2012), the lease automatically extends for one-year periods unless a valid legal ground for eviction exists or the mandatory 10-year extension period has elapsed. Commercial parties enjoy broader freedom to negotiate terms, but mandatory protections regarding termination remain strictly enforced.
1. Key Reasons for Eviction in Commercial Leases
The TCO and the Execution and Bankruptcy Law (Law No. 2004) establish specific paths for regaining possession of a commercial workplace:
A) NON-PAYMENT OF RENT (Default - 30 Day Rule)
This is the most common and efficient ground for eviction. If a commercial tenant fails to pay rent:
- The landlord initiates a "Non-Judicial Enforcement" proceeding by serving a Payment Order with Eviction Warning (Execution Sample No. 13) through the Enforcement Office.
- The tenant has 7 days to object to the debt and 30 days to pay the full outstanding amount (including interest and costs).
- If the debt remains unpaid after 30 days and no valid objection is filed, the landlord can apply directly to the Enforcement Court (İcra Hukuk Mahkemesi) for an eviction order. If the tenant objects, the landlord must apply to the Enforcement Court to lift the objection (İtirazın Kaldırılması). This process avoids the longer timelines of standard civil litigation in the Civil Peace Court. (Note: Two justified warnings via Notary within the same rental year also constitute grounds for eviction at the end of the term).
B) WRITTEN EVICTION COMMITMENT (Tahliye Taahhüdü)
A powerful tool in B2B leasing. A tenant may sign a written commitment to unconditionally vacate the premises on a specific date. Validity Requirements: To be legally enforceable, this commitment must be signed after the lease agreement has commenced and the keys have been delivered. If signed simultaneously with the lease, it may be declared void as being made under duress. If the tenant fails to vacate on the agreed date, the landlord can initiate eviction proceedings through the Enforcement Office within 1 month of that date without requiring a full trial.
2. The Power of Terminations Without Cause: The "10 Year" Rule!
Turkish law provides commercial tenants with significant security of tenure, but this protection is not infinite.
The 10-YEAR EXTENSION PERIOD (TCO Art. 347) allows a landlord to terminate a lease without citing a specific cause (such as non-payment or personal need).
- The Rule: The landlord may terminate the agreement without citing a specific ground only after the completion of a 10-year extension period. The termination becomes effective at the end of each extension year following this 10-year period (effectively the 11th extension year).
- The Calculation: The 10-year period begins after the initial fixed term of the contract ends. For a 3-year lease signed in 2020, the initial term ends in 2023. The 10-year extension period concludes in 2033. The landlord gains the right to terminate at the end of the following extension year (i.e., at the end of 2034).
- Notice Requirement: To exercise this right, the landlord must send a formal termination notice via a Notary at least 3 months before the end of that specific extension year. Failure to meet this notice deadline results in another one-year extension.
3. Right of Retention (Hapis Hakkı)
For unpaid rent in commercial properties, the law provides the landlord with a "Right of Retention" (statutory lien) over the tenant's movable assets (equipment, inventory, fixtures) located within the leased premises.
- Scope: Under TCO Art. 336, this right serves as security for the accrued rent of the previous year and the rent for the current and upcoming six months (covering a total of 18 months of rent).
- Enforcement: The landlord can apply to the court or Enforcement Office to establish a formal list of retained items, preventing the tenant from moving them until the debt is settled. This is a critical preventive measure to ensure the tenant does not empty the premises before the eviction is finalized.
Proceed to the next document: Commercial Disclosures and Required Documents.
Sources & Official References
Frequently Asked Questions
▶What are the key landlord-tenant laws in Turkey?
Tenancy relations in Turkey are regulated by the Turkish Code of Obligations (TCO). The law is notoriously protective of tenants, treating them as the economically weaker party. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What is the legal eviction process for landlords in Turkey?
The eviction process in Turkey requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Turkey?
Turkey has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Turkey?
Turkey has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Turkey?
Lease agreements in Turkey must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Turkey?
Landlords in Turkey are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Turkey?
Turkey has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Turkey?
Landlords in Turkey must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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