Eviction Process and Grounds (Turkey Tenancy Law)

Governed by the Turkish Code of Obligations (Law No. 6098) and the Enforcement and Bankruptcy Law (Law No. 2004), the mere expiration of a lease term in Turkey is not a sufficient reason to evict a tenant. At the end of the contract term, the lease is considered automatically renewed (extended) under the same conditions. If the tenant does not vacate the property voluntarily, it is illegal for the landlord to change the locks themselves; eviction is only possible through a Court order or Execution Office (İcra) proceedings.

Before filing certain eviction lawsuits, as of September 1, 2023, Mandatory Mediation (Zorunlu Arabuluculuk) is required under Law No. 7445. This is a procedural prerequisite for all lease-related lawsuits filed in Civil Peace Courts. However, mediation is not required for summary eviction proceedings in Enforcement Courts unless a tenant's objection leads to a lawsuit.

Legal Grounds for Eviction

To evict a tenant in a residential lease, a landlord must rely on fundamental legal grounds:

1. Non-Payment of Rent (Default and Two Justified Warnings)

When a tenant fails to pay rent on time, two main routes are followed:

• 30-Day Warning Notice (Default): The landlord sends a payment order via a Notary or the Execution Office (Sample No: 13), granting a minimum of 30 days to pay the debt. If payment is not made within these 30 days, the landlord can file an eviction lawsuit in the Enforcement Court (İcra Hukuk Mahkemesi) under TCO Art. 315 and EBL Art. 269.
• Two Justified Warnings in One Rental Year: If the tenant delays rent for two different months within a single rental year, and the landlord sends a justified written warning (via Notary) for each before the payment is made, an eviction lawsuit can be filed within 1 month after the end of that rental year (TCO Art. 352/2).

2. Eviction Due to Personal Need (Own or Family's Need)

Under TCO Article 350, the landlord can evict the tenant if there is a genuine and sincere need for the property as a residence or workplace for themselves, their spouse, descendants (children), ascendants (parents), or other dependents determined by law.

• A lawsuit must be filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi) within 1 month from the end of the lease term or extension year.
• While no prior notice is mandatory for fixed-term leases, a notarized notice sent before the term ends extends the lawsuit window for one rental year (TCO Art. 353).
• Penalty: A property vacated due to personal need cannot be rented to anyone other than the previous tenant for 3 years without a justified reason. (If breached, the former tenant receives compensation equating to at least 1 year's rent).

3. Written Eviction Commitment (Tahliye Taahhütnamesi)

This is the most practical and powerful eviction argument in Turkey. If the tenant has voluntarily provided a written commitment to vacate the property on a specific date, given after the property was delivered to them, the landlord can enforce eviction by applying to the Enforcement Court (Sample No: 14) or Civil Peace Court within 1 month after that committed date.

• Crucial Note: Eviction commitments signed strictly on the same date as the lease agreement are considered invalid by Supreme Court precedents, assuming they were "signed under pressure." The commitment must be given on a separate date after the tenant has moved in.

4. Major Renovation, Demolition, or Reconstruction

If the property requires major repairs, expansion, or reconstruction (e.g., urban transformation demolitions), and it is impossible to live in the property during the work, an eviction lawsuit can be filed in the Civil Peace Court within 1 month following the end of the lease period.

5. Need of a New Owner (Property Sale)

When a property is sold, the "old lease agreement" binds the new owner. However, if the new buyer or their immediate family has a "genuine need" for the property, they must send a notarized warning to the tenant within 1 month of acquiring the title deed and may file an eviction lawsuit after 6 months (TCO Art. 351). Alternatively, they can wait for the lease term to end and file a lawsuit within 1 month.

6. Expiration of the 10-Year Extension Period (Without Cause)

After the initial lease term expires, the legal automatic 1-year extensions begin. When the sum of these extension periods reaches 10 Years, the landlord gains the right to terminate the contract "without needing to show any reason or justification" (TCO Art. 347). Mandatory Notice: To enforce this, the landlord must send an eviction notice to the tenant at least 3 months before the end of the tenth extension year.

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