Workplace (Commercial) Eviction Processes and Grounds (Turkey)

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), 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:

1. The landlord initiates a "Non-Judicial Enforcement" proceeding by serving a Payment Order with Eviction Warning (Execution Sample No. 13) through the Enforcement Office.
2. The tenant has 7 days to object to the debt and 30 days to pay the full outstanding amount (including interest and costs).
3. 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. This process avoids the longer timelines of standard civil litigation. (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 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 landlord gains the right to terminate after 10 consecutive years of automatic extensions (i.e., at the end of 2033).
• 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 the tenth 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" 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 unpaid rent of the previous year and the rent for the upcoming six months.
• 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.

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