Tenant Eviction in Turkey: Eviction Conditions, Grounds for Eviction and Legal Procedure

Tenant eviction in Turkey is only possible where one of the eviction grounds exhaustively listed in Article 347 and the following articles of the Turkish Code of Obligations exists and is enforced through a lawsuit or enforcement proceedings. The expiry of the lease or the landlord’s wish to recover the property is not, by itself, enough to evict a tenant. The landlord must therefore identify both the eviction ground relied on and the time limits and formal requirements attached to that ground.

The tenant eviction process in Turkey is a legal matter that frequently arises in both residential and commercial lease relationships and requires careful legal evaluation. While tenants aim to continue residing in or operating their businesses from a leased property by exercising their constitutionally protected right to housing, landlords may seek to reclaim possession of the property due to economic, social, or personal reasons and therefore initiate eviction proceedings in Turkey.

The Turkish Code of Obligations and related legislation provide tenants with significant legal protection under the framework of Turkish contract law. However, this protection is not absolute; the legislation also grants landlords legal remedies to evict a tenant where specific statutory conditions are met. A tenant cannot be removed without consent unless at least one of these statutory grounds exists, a principle that balances the right to property with the right to housing.

The eviction grounds discussed in this article are limited to residential and roofed commercial property leases. Leases of land, agricultural fields or unroofed commercial premises are not covered by these protective rules under Turkish law; such leases can be terminated by notice under the general provisions and are beyond the scope of this article. Landlords seeking to initiate a tenant eviction process in Turkey must strictly adhere to both procedural and substantive rules, and seeking assistance from a qualified real estate attorney in Turkey is highly recommended to prevent any loss of legal rights.

How to Evict a Tenant in Turkey?

In Turkey, a tenant can be evicted not because the lease term has ended, but only when a statutory eviction ground is established by a court decision or through enforcement proceedings. The answer to how to evict a tenant in Turkey therefore depends on which eviction ground exists in the specific case and on the procedure through which it is asserted.

1. Expiry of the Lease Is Not a Ground for Eviction in Turkey

When asking how to evict a tenant in Turkey, one of the most common misconceptions is the belief that a tenant can be evicted automatically upon the expiration of the lease term. Under Turkish law, in residential and roofed commercial leases the landlord cannot terminate the lease by relying on the end of the term, and unless the tenant gives notice, a fixed-term lease is deemed renewed for one year under the same conditions.

• A rent increase is not a ground for eviction: The tenant’s refusal to accept a rent increase above the legal limit does not constitute a valid reason for eviction in Turkey.
• The tenant’s right to object is protected: Tenants have the right to contest excessive rent increases in Turkey, and exercising this right does not justify termination of the lease or eviction.
• Eviction is possible during the lease: Grounds such as failure to pay rent, misuse of the property, or the landlord’s need to use the property for themselves or close family members may justify an eviction lawsuit even while the lease is ongoing.

2. Legal Basis of Tenant Eviction in Turkey

In legal terminology, the process of removing a tenant from a leased property in Turkey is referred to as “tenant eviction.” The core legal framework is provided under Article 347 and the following articles of the Turkish Code of Obligations No. 6098 (TCO), which set out the circumstances under which eviction claims can be made, along with the applicable time limits and formal requirements.

In addition, the Enforcement and Bankruptcy Law No. 2004 contains special rules on evicting tenants through enforcement proceedings. In practice these rules are applied together as a unified legal scheme, so questions such as “how can a tenant be evicted in Turkey?” or “what legal procedures must be followed?” require a careful interpretation of Turkish rental law and a case-specific analysis.

3. Landlords That Are Legal Entities in Turkey

If the landlord is a legal entity, such as a Turkish company or liaison office established in Turkey, any eviction process must also comply with the relevant provisions of Turkish corporate law, including authorisation and board decisions. For this reason, every eviction case should be assessed by a legal professional in light of its specific facts.

4. How to Evict a Commercial (Shop) Tenant in Turkey?

A tenant of roofed commercial premises in Turkey can be evicted on the same statutory grounds as a residential tenant, since the Turkish Code of Obligations applies its rules on residential and roofed commercial leases to both types of lease. For shops, offices or stores, the landlord may rely on non-payment of rent, the landlord’s or relatives’ need for a workplace, reconstruction and zoning, or the end of the ten-year renewal period.

The main practical difference in commercial leases in Turkey concerns the tax documents required in enforcement proceedings where the landlord is a company, and proof of the workplace need. Open areas leased as unroofed commercial premises fall outside these protective rules and are subject to the general termination provisions.

Tenant eviction in Turkey may take place with the tenant’s consent, through a court decision or through enforcement proceedings. The route to follow depends on the eviction ground relied on and the documents available:

Reasons for Tenant Eviction and Ways to Evict a Tenant Through an Eviction Lawsuit in Turkey

The reasons for tenant eviction in Turkey are exhaustively specified in the Turkish Code of Obligations, and the landlord can evict the tenant only on the basis of one of these reasons. If these reasons do not exist, the tenant cannot be asked to vacate the property even if the rental agreement is for a fixed term. The answer to how to evict a tenant in Turkey lies in the tenant-related and landlord-related eviction grounds explained one by one below.

1. Eviction of a Tenant in Turkey for Non-Payment of Rent

Under Article 315 of the Turkish Code of Obligations, where the tenant fails to pay rent or ancillary charges, the landlord of a residential or roofed commercial property may give a written notice granting at least thirty days and, if payment is not made within that period, terminate the lease and seek eviction. This is the most commonly encountered reason for tenant eviction in practice, also known as “eviction due to default”, and it is regarded as one of the most effective eviction routes available to landlords.

However, contrary to the popular perception that this route is “easy”, eviction for non-payment of rent in Turkey is a legally intensive process with strict procedural and formal requirements. The landlord may choose between two routes:

• sending a notice and filing an eviction lawsuit before the Civil Court of Peace,
• directly initiating enforcement proceedings with a request for eviction.

a) Default Notice and Eviction Lawsuit Before the Civil Court of Peace in Turkey

A landlord in Turkey who chooses the notice route follows the steps below:

1. Default notice: A written eviction notice is sent to the tenant for unpaid rent; in practice a notary is preferred for ease of proof. The notice states that the rent must be paid within at least 30 days, otherwise the lease will be terminated, and it should include the months for which rent is unpaid, the amount due, bank account information and other relevant details.
2. Expiry of the period and termination: If the tenant does not pay within the specified period, the landlord may terminate the lease. It is important to note that the landlord cannot self-evict the tenant; an eviction lawsuit is mandatory for eviction of a tenant for non-payment of rent.
3. Mediation and lawsuit: On this route, mandatory mediation must be attempted before filing; if no agreement is reached, the lawsuit is filed before the Civil Court of Peace, and the judge examines the conditions for tenant eviction based on the parties’ objections and evidence. If the court finds that the rent has not been paid, it orders the eviction of the tenant.

Where the lease makes the tenant responsible for ancillary charges such as building maintenance fees (aidat) or heating costs, failure to pay these charges may also constitute a ground for eviction under the same default rules in Turkey. Whether a tenant who does not pay the maintenance fee can be evicted therefore depends on whether the charge is the tenant’s and whether a proper notice has been served.

b) Enforcement Proceedings with a Request for Eviction (Form No. 13) in Turkey

Under Article 269 and the following articles of the Turkish Enforcement and Bankruptcy Law, the landlord may directly initiate enforcement proceedings requesting both payment of the unpaid rent and eviction, without first sending a notice. If the landlord chooses to proceed via enforcement, a separate eviction notice is not required; the payment order sent by the enforcement office, which grants the tenant 30 days to pay, serves as a valid substitute for such a notice.

• Payment and objection periods: The payment order grants the tenant 30 days to pay the rent and 7 days to object to the proceedings.
• Eviction by the enforcement court: If the tenant neither objects in time nor pays within 30 days, the landlord may ask the enforcement court to order eviction within six months of the end of the notice period (Enforcement and Bankruptcy Law Art. 269/a). If the tenant objects, the landlord may apply to the enforcement court for removal of the objection and eviction, or to the general courts for annulment of the objection. The enforcement court’s eviction order can be executed without waiting for it to become final, but ten days must pass from its pronouncement or service (Art. 269/c).
• Tax documents for corporate landlords: If the property is commercial and the landlord is a company, proper fulfilment of the rental income-related tax obligations (such as stamp tax, Value Added Tax and withholding tax) is important to avoid tax-related objections during the proceedings.
• No mediation requirement: Under the Enforcement and Bankruptcy Law, eviction requests through enforcement without a court judgment are excluded from mandatory mediation.

In Turkey, the choice between a notice and enforcement proceedings determines how long the process takes and which authority decides. The main differences between the two routes are summarised below:

2. Tenant Eviction in Turkey Based on Two Justified Notices Due to Irregular Payment of Rent

Under Article 352(2) of the Turkish Code of Obligations, if the tenant has caused two justified written notices to be issued for non-payment of rent within one lease year, or within the lease term in leases shorter than one year, the landlord may file an eviction lawsuit within one month following the end of the lease term or lease year. This provision is commonly referred to in practice as “eviction due to two justified warnings” and allows the landlord to end lease relationships in which payment defaults are persistent.

The purpose of this provision is to provide the landlord with a remedy while also ensuring reasonable protection for the tenant under Turkish law. Persistent payment defaults during the lease relationship may render the contractual relationship unbearable for the landlord.

a) Conditions for Two Justified Notices in Turkey

For the notices to be considered justified under Turkish law, the following conditions must be met together:

• Written form: The notices must be made in writing; delivery via notary public, registered mail, or hand delivery with a signature is valid. However, it must be proven that the notice was served on the tenant.
• Different rental periods: Each notice must pertain to a different rental period; repeated notices concerning the same period will not be considered justified.
• Non-payment or underpayment: The tenant must have failed to pay or underpaid the rent before the notice.
• Later payment does not cure the notice: The tenant’s payment after receiving the notice does not invalidate the justification of the notice.
• Same lease year: Both notices must be issued within the same lease year (not the calendar year, but the year calculated according to the lease agreement).

b) Application Based on the Duration of the Lease Agreement in Turkey

The landlord’s right to file an eviction case in Turkey based on two justified notices arises at different times depending on the duration of the lease agreement. In this context, a three-tier distinction is made:

1. Lease term shorter than one year: If two justified notices are issued during the lease term, the landlord may file an eviction lawsuit within one month following the end of the lease term.
2. Lease term of exactly one year: If the tenant receives two justified notices within this period, the landlord may file a lawsuit for eviction within one month after the end of the lease term.
3. Lease term longer than one year (e.g., 3- or 5-year leases): If two justified notices are issued within a lease year during the term, the landlord may initiate an eviction lawsuit within one month following the end of that lease year.

This one-month period is a statutory forfeiture period under Turkish law, and whether the notices are justified is subject to judicial assessment. For the landlord to manage this process effectively, the content of the notices must be properly drafted and the deadline must not be missed; otherwise, the right to evict on this ground is forfeited for that period and the tenant cannot be evicted.

3. Tenant Eviction in Turkey Based on Eviction Commitment

Under Article 352(1) of the Turkish Code of Obligations, if the tenant has undertaken in writing, after delivery of the property, to vacate it on a specific date but fails to do so, the landlord can initiate enforcement proceedings or file a lawsuit within one month from the committed date to terminate the rental agreement. A document in which the tenant undertakes to vacate the rented property on a specific date is called a “written eviction commitment.”

• Prepared after delivery: For the written eviction commitment to be valid, it must be prepared after the tenant has taken possession of the rented property. A commitment prepared before delivery, for example while signing the rental agreement, is not legally valid.
• No notarisation required: The law only requires written form; a commitment in ordinary written form bearing the tenant’s signature is also valid.
• Eviction through enforcement: A landlord relying on the commitment may apply to the enforcement office for eviction without a court judgment (Form No. 14) instead of filing a lawsuit; if the tenant objects to the eviction order, the dispute is examined by the enforcement court.

The most common situation in practice in Turkey is the landlord obtaining an eviction commitment with the date left blank. Although commitments given while signing the rental agreement are not valid, undated commitments given at that time are later filled in by the landlord and used in eviction lawsuits. The Court of Cassation treats this as a “signature on a blank paper” and expects a tenant claiming invalidity to prove with written evidence that the commitment was given before delivery of the property; tenants should therefore be prepared for the consequences of giving an eviction commitment with the date left blank.

In a recent decision, the Turkish Court of Cassation (3rd Civil Chamber) accepted that a commitment obtained after the lease relationship was established reflects the tenant’s free will, and upheld the eviction because the tenant claiming that the dates had been filled in later could not prove this with evidence of the same strength as the written eviction commitment (Court of Cassation 3rd Civil Chamber, Merits No. 2025/1918, Decision No. 2025/5080, 22.10.2025). The case concerned a shop and storage lease, and the same principle is applied to residential leases.

4. Tenant Eviction in Turkey Due to the Landlord’s Personal or Family Need

Under Article 350(1) of the Turkish Code of Obligations, if the landlord is compelled to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants or other persons they are legally obliged to support, the landlord may seek eviction of the tenant through a lawsuit. In residential and roofed commercial leases, the landlord’s right to evict is limited to specific grounds, and in practice the most significant of these is the need of the landlord or close relatives for a residence.

a) The Existence of Residential Need and the Requirement of Sincerity in Turkey

The fundamental requirement for eviction due to need in Turkey is that the need must be genuine, sincere and compelling. This means the landlord’s claim cannot be hypothetical or arbitrary but must be based on objective conditions; in practice, the Court of Cassation (Yargıtay) considers the following factors when assessing sincerity:

• Another suitable property: Whether the landlord owns another suitable property in the same area,
• Actual use: Whether the need is truly for actual, personal use,
• Continuity: Whether the need is of a continuing and permanent nature,
• Necessity: Whether the landlord is genuinely compelled to meet the need in light of their financial and social circumstances.

If the landlord’s claim is motivated by other purposes (e.g., removing the tenant to re-let the property at a higher rent) or if other suitable properties exist, the court deems the claim insincere and rejects the eviction request. In practice, filing a rent determination lawsuit alongside an eviction claim is sometimes argued to be evidence against sincerity; however, in its established case law, the Turkish Court of Cassation has ruled that initiating a rent determination lawsuit does not, by itself, prove that the eviction claim based on need is insincere.

b) Time Limits and Procedure for Filing an Eviction Lawsuit Based on Need in Turkey

An eviction lawsuit based on need in Turkey must be filed within the period determined by the type of lease:

• Fixed-term leases: The lawsuit must be filed within one month following the expiration of the lease term.
• Indefinite-term leases: The lawsuit must be filed within one month from the date determined by the termination period and notice periods under the general provisions.

These time limits are of a forfeiture nature, and lawsuits not filed within the prescribed period are rejected by the Turkish courts. However, if the landlord, at the latest within the filing period, notifies the tenant in writing that a lawsuit will be filed, the filing period is extended by one lease year (TCO Art. 353).

c) Burden of Proof and Judicial Assessment in Turkey

In eviction lawsuits based on need in Turkey, the burden of proof lies with the landlord. The landlord must substantiate the claim with concrete evidence, such as:

• Title deed records,
• Civil registry documents,
• Documents showing the inadequacy of the landlord’s current residence,
• Official documents relating to health, relocation, marriage, or divorce.

In Turkish practice, the court assesses the reality and sincerity of the claimed need together with witness statements and, where necessary, an on-site inspection. If the court finds the need credible and well-founded, it orders the eviction.

d) Post-Eviction Leasing Restriction (TCO Article 355)

If a tenant is evicted on grounds of the landlord’s need, under Article 355 of the Turkish Code of Obligations the landlord may not, without a justified reason, lease the property to anyone other than the former tenant until three years have passed. This provision aims to prevent bad-faith eviction claims; a landlord who breaches it must pay the former tenant compensation of not less than one year’s rent paid in the last lease year.

However, it is important to note that court decisions require, for this compensation, that the tenant was evicted through enforcement proceedings or a court decision based on the landlord’s claimed need. The sincerity, reality and provability of the need are crucial for the court to accept the eviction claim in Turkey, and as these lawsuits are frequently disputed, the process must be managed meticulously.

Indeed, the Turkish Court of Cassation (3rd Civil Chamber), in a case where the tenant vacated the home voluntarily after receiving a notice citing the landlord’s housing need and the property was then let to a third party, held that the landlord had not filed an eviction lawsuit based on need and the tenant had not vacated by a court decision or through enforcement, so the conditions for compensation under Article 355 of the Turkish Code of Obligations were not met (Court of Cassation 3rd Civil Chamber, Merits No. 2017/4956, Decision No. 2019/871, 07.02.2019). A tenant who leaves merely upon a notice may therefore be unable to claim this compensation even if the landlord re-lets the property within three years.

5. Tenant Eviction in Turkey Due to the New Owner’s Need

Under Article 351 of the Turkish Code of Obligations, a new owner who acquires the leased property and needs it as a residence or workplace for themselves, their spouse, descendants, ascendants or dependants may terminate the lease by a lawsuit filed after six months, provided that the tenant is notified in writing within one month from the acquisition date. If the property is sold or otherwise transferred while the lease is ongoing, the new owner becomes a party to the lease and the tenancy continues under the same terms (TCO Article 310); Article 351 grants the new owner a special eviction right as an exception to this general rule.

Moreover, if the lease agreement has been annotated in the land registry, the new owner cannot file an eviction lawsuit based on need before the expiration of the lease term. Under Turkish law, a lease annotation protects the tenant’s right to occupy the property for the duration of the lease and is legally binding on the new owner as well.

a) Conditions of the New Owner’s Right of Need for Eviction in Turkey

Although the new owner becomes a party to the lease upon acquiring the property in Turkey, they may request eviction by asserting a personal or family need to use the premises. For this claim to have legal validity, the following conditions must be met together:

• Genuine and sincere need: The need must be supported by objective circumstances such as the owner’s own need for residence, allocating the property to a family member, relocation, health or family matters.
• Need connected to the acquisition: The need must exist after the acquisition and continue throughout the proceedings; if the new owner has other suitable properties, the credibility of the need may be weakened.

b) Procedural and Time Requirements for Eviction by the New Owner in Turkey

The new owner may exercise the right to evict the tenant in Turkey in one of two ways. In both, the time limits are of a forfeiture nature, and missing them extinguishes the eviction right:

1. Filing an eviction lawsuit after six months (TCO Article 351/1): The new owner serves written notice on the tenant within one month from the acquisition (registration) date and files the eviction lawsuit after six months have passed. This is the classic and more commonly used method.
2. Filing an eviction lawsuit at the end of the lease term (TCO Article 351/2): Alternatively, the new owner may terminate the lease by filing a lawsuit within one month following the end of the lease term. This route is often preferred in fixed-term leases, and the law does not require a separate one-month notice for it.

Important note: On the first route, sending the notice is not sufficient on its own; it must reach the tenant within the one-month period, and proof of service is required. If the notice does not reach the tenant within one month of the acquisition date, it is deemed untimely and the right to evict on this route is forfeited.

c) Burden of Proof and Judicial Evaluation in Turkey

The new owner’s eviction request in Turkey is examined by the court, which assesses whether the claimed need is sincere, reasonable and compelling. If the new owner owns another suitable property in the same area, this may weaken the credibility of the need; there must also be a reasonable connection between the nature of the property and the asserted need.

d) Prohibition Against Re-letting (TCO Article 355)

If the new owner evicts the tenant based on need and then, without a justified reason, leases the property to someone other than the former tenant within three years, they become liable for compensation to the former tenant under Turkish law. This rule protects tenants from bad-faith eviction claims, and the requirements for eviction based on need apply to new owners in the same way as to original landlords.

Eviction due to the new owner’s need in Turkey is a special legal ground recognised under the Turkish Code of Obligations, but it must be exercised strictly in accordance with procedural rules and statutory deadlines. Failure to comply with the notification and filing timelines results in forfeiture of the eviction right, so the process should be managed with the support of experienced legal professionals.

6. Tenant Eviction in Turkey Due to Reconstruction or Urban Renewal

Under Article 350(2) of the Turkish Code of Obligations, the landlord may terminate the lease through a lawsuit if substantial repair, extension or alteration of the leased property is necessary for its reconstruction or redevelopment and the use of the property is impossible during these works. This provision grants landlords the right to request eviction where they intend to carry out substantial structural renovations or major reconstruction projects.

a) Legal Basis and Conditions for Tenant Eviction Due to Reconstruction or Zoning in Turkey

According to the relevant provision, the landlord in Turkey may request eviction if compelled to carry out one of the following works:

• Reconstruction: Reconstructing the leased property,
• Substantial repair, extension or alteration: Carrying out substantial repairs, extensions or alterations to the property.

For this provision of Turkish law to apply, two primary conditions must be fulfilled simultaneously:

• Substantial works: The works must be large-scale construction or zoning works affecting the structural integrity of the property; minor repairs, painting or simple maintenance are excluded; the nature of the works is assessed together with the property’s land registry type and zoning status.
• Impossibility of use: Use of the premises during the works must be objectively impossible. If the tenant can continue to use the property during the works, eviction is not justified; courts evaluate this on the facts of the case, often relying on technical expert reports.

b) Time Limits for Filing a Tenant Eviction Case in Turkey Based on Lease Type

The time limits for initiating an eviction case in Turkey due to reconstruction or zoning vary depending on the type of lease:

• Fixed-term leases: The lawsuit must be filed within one month following the end of the lease term.
• Indefinite-term leases: The lawsuit must be filed within one month from the date determined in accordance with the termination period and notice requirements.

These time limits are of a forfeiture nature, and if missed, the landlord loses the right to request eviction on this ground for that period. A landlord in Turkey planning an eviction for renovation should therefore align project and permit preparations with the filing deadline.

c) Court Assessment and Burden of Proof in Turkey

If the landlord files for tenant eviction in Turkey on the grounds of reconstruction or zoning, the court evaluates the truthfulness and sincerity of this claim. Key aspects the court will consider include:

• Nature and scope: The scope and nature of the proposed construction or zoning project,
• Effect on use: The extent to which use of the leased property will be hindered,
• Official documents: Whether the landlord has submitted zoning approval, project approval or a building permit,
• Imminence: Whether the works are realistically expected to begin soon.

The Turkish court decides on these factors together with expert opinions. Any eviction claim must be based on solid legal and technical grounds, supported by documentation and filed within the legal time limits; otherwise, the court rejects the case.

d) Re-Leasing Ban (TCO Art. 355)

According to Article 355 of the Turkish Code of Obligations, a property vacated for reconstruction or redevelopment may not, without a justified reason, be leased to anyone else in its old condition until three years have passed. The former tenant has a right of priority to lease the reconstructed property in its new condition and at the new rent; this right must be exercised within one month of the landlord’s written notice, and unless it lapses the property cannot be leased to others for three years. A landlord who breaches these rules pays the former tenant compensation of not less than one year’s rent paid in the last lease year.

e) Tenant Eviction in Turkey in Urban Transformation and Buildings to Be Demolished

In buildings designated as risky structures under Turkish Law No. 6306 on the Transformation of Areas under Disaster Risk, eviction is carried out within the administrative process set out in that Law, independently of the eviction lawsuit under TCO Article 350(2). Owners are given a period of no more than ninety days to demolish risky structures; if they do not, the evacuation and demolition are carried out by the administrative authorities, and notices on evacuation are also served on holders of personal rights such as tenants (Law No. 6306 Art. 5).

Eviction in urban transformation in Turkey rests on a public demolition requirement rather than the landlord’s will. Tenants of buildings vacated by agreement may be granted temporary housing or workplace allocation or rent assistance (Law No. 6306 Art. 5/1); demolition and reconstruction of a building that is not a risky structure remains subject to the conditions of TCO Article 350(2) described above.

7. Tenant Eviction in Turkey Due to Disturbance of Neighbours

Under Article 316 of the Turkish Code of Obligations, the tenant must use the leased premises with care and show due respect to neighbours; if a breach continues, the landlord of a residential or roofed commercial property may terminate the lease after a written notice granting at least thirty days. This is a statutory obligation that applies even if not expressly included in the lease contract, and it covers both residential and roofed commercial leases.

A lease agreement not only establishes an economic and legal relationship between the landlord and the tenant but also requires that use of the premises aligns with its social environment. The tenant’s respect for neighbourhood relations is therefore of significant importance for the continuation of the lease in Turkey.

a) Tenant’s Duty to Respect Neighbours in Turkey

Under Turkish law, the tenant’s duty to act in accordance with neighbourhood norms requires using the premises without harming the surroundings or engaging in disturbing behaviour. According to established precedents of the Turkish Court of Cassation (Yargıtay), the following conduct constitutes a breach of this obligation:

• Noise: Playing excessively loud music that disturbs neighbours,
• Unlawful use: Using the property as a brothel or for unlawful or immoral activities,
• Insults and threats: Insulting or threatening the landlord or other residents,
• Persistent breach of rules: Persistently violating the building’s rules or bylaws,
• Harmful behaviour: Engaging in harmful behaviour under the influence of alcohol or substances.

Such actions breach the lease agreement and may also violate public morals and public order, so they may constitute valid grounds for tenant eviction in Turkey. A petition signed by building residents is not, by itself, a ground for eviction; however, such written statements and incident reports may be used as evidence of the breach.

b) Eviction Procedure and Required Steps in Turkey (TCO Art. 316/2)

Where the tenant violates the duty to respect neighbours, the landlord does not have an immediate right to terminate the lease under Turkish law. The legal steps must be followed before termination:

1. Written notice: The landlord serves the tenant with a written notice granting at least 30 days to cease the unlawful conduct; delivery via notary or registered mail with return receipt is recommended for proof.
2. Content of the notice: The notice clearly specifies which behaviours breach the lease and neighbourhood norms, refers to specific incidents, and states that failure to cease the behaviour within the period will result in termination.
3. Termination and lawsuit: If the tenant does not remedy the breach within the period, the landlord may terminate the lease as announced in the notice and file an eviction lawsuit.

c) Exceptional Case: Immediate Termination in Turkey (TCO Art. 316/3)

In residential and roofed commercial leases in Turkey, the landlord may terminate the lease immediately by written notice, without granting thirty days, in three situations: where the tenant intentionally causes serious damage to the property, where granting a period would clearly be futile, or where the tenant’s breach has become unbearable for the landlord, other occupants of the building or the neighbours (TCO Art. 316/3). Examples that may fall within this scope include:

• Physical assault: Physical assault against the landlord or neighbours,
• Illegal use: Proven use of the property for illegal activities,
• Serious threats: Death threats directed at the landlord or other residents.

The Turkish Court of Cassation (6th Civil Chamber), in an eviction case against a tenant convicted of threatening the landlord, held that in such situations granting a period to the tenant would be futile and the breach had become unbearable, so the landlord was not required to give a written warning and termination and eviction had to be ordered (Court of Cassation 6th Civil Chamber, Merits No. 2014/8692, Decision No. 2014/11794, 03.11.2014). In such a case, a lawsuit requesting eviction also covers the request to terminate the lease.

A tenant’s violation of neighbourhood norms is a serious breach that undermines the essential trust element of the lease relationship. However, the eviction process in Turkey must strictly comply with legal requirements, especially notice and time periods; otherwise, the eviction case may be dismissed.

d) Allowing Another Person to Use the Property Without Consent in Turkey

Under Article 322 of the Turkish Code of Obligations, a tenant of residential or roofed commercial premises may not sublet the property or transfer its use to another person without the landlord’s written consent. Allowing another person to use the home without the landlord’s permission is a breach of contract, and the landlord may seek eviction by following the notice and termination procedure under TCO Article 316.

In practice in Turkey, use through unauthorised short-term rental platforms is also assessed within this scope. Documenting the breach with listing records, witness statements or incident reports is important for the landlord’s burden of proof.

8. Tenant Eviction in Turkey Where the Tenant or Spouse Owns a Suitable Home

Under Article 352(3) of the Turkish Code of Obligations, if the tenant or the spouse living with the tenant owns a home suitable for living within the same district or municipal boundaries, and the landlord did not know this when the lease was concluded, the landlord may terminate the lease by filing a lawsuit within one month following the end of the lease term. This provision answers the question of whether a tenant who owns a home can be evicted in Turkey.

The conditions of this eviction ground under Turkish law are summarised below:

• Same district or municipal boundaries: The home owned by the tenant or the cohabiting spouse must be within the same district or municipal boundaries as the leased property.
• Suitable for living: The home must be suitable for living and capable of meeting the tenant’s needs.
• Landlord’s lack of knowledge: The landlord must not have known of the home when the lease was concluded; a landlord who leased knowingly cannot rely on this ground.
• One-month filing period: The lawsuit must be filed within one month following the end of the lease term.

According to the Turkish Court of Cassation (3rd Civil Chamber), eviction on this ground requires that the tenant or the cohabiting spouse owns a home suitable for living within the same district or municipal boundaries and that the home is suitable for the tenant in view of their social situation and family size; both conditions must be met together (Court of Cassation 3rd Civil Chamber, Merits No. 2017/4366, Decision No. 2017/12337, 20.09.2017). In the same decision, the Chamber stressed that the tenant’s defence that the home was uninhabitable had to be examined through an on-site inspection and expert report.

The court establishes whether the home is within the same municipal boundaries and suitable for living through title deed records and, where necessary, an on-site inspection. The landlord must also assert that it did not know of the home when the lease was concluded, as Turkish law expressly makes the landlord’s lack of knowledge a condition of this ground.

9. Eviction of a Tenant After 10 Years in Turkey

Under Article 347(1) of the Turkish Code of Obligations, in residential and roofed commercial leases the landlord may terminate the lease without giving any reason at the end of the ten-year renewal period, provided that notice is given at least three months before the end of each renewal year following that period. Although long-term occupation in accordance with the lease makes termination by the landlord more difficult, the law grants the landlord a right of termination without cause once the ten-year period is completed.

The manner in which this right is exercised in Turkey depends on whether the lease is for a definite or indefinite period. In both cases, timely written notice is a precondition for exercising the right.

a) Tenant Eviction in Turkey After 10 Years in Indefinite-Term Lease Agreements

In indefinite-term leases in Turkey, once ten years have passed from the start of the lease, the landlord may terminate the agreement by notice under the general provisions without relying on any eviction ground (TCO Art. 347/2):

• Termination period: For indefinite-term residential and roofed commercial leases, the statutory termination date is the end of a six-month lease period.
• Notice period: The landlord must serve written notice at least three months before the end of the applicable period.

Example: If a lease that began on January 1st has run for 10 years and July 1st is a termination date, the landlord must serve written notice by April 1st under Turkish law. Otherwise, the notice is not valid for that period but takes effect for the next termination period (TCO Art. 328/2).

b) Tenant Eviction in Turkey After 10 Years in Definite-Term Lease Agreements

In definite-term leases in Turkey, unless the tenant gives notice at least fifteen days before the end of the term, the lease is deemed renewed for one year under the same conditions (TCO Art. 347/1). Once these renewals reach ten years in total, the landlord may terminate the lease by giving written notice at least three months before the end of each renewal year following the ten-year renewal period.

In other words, the right becomes exercisable at the end of the eleventh renewal year, which begins after the ten renewal years following the initial term are completed. For a lease in Turkey that started with a one-year term, the tenant can therefore be evicted at the earliest at the end of twelve years from the start of the lease.

The table below shows, with example dates, the end of the ten-year renewal period and the landlord’s first opportunity to terminate a definite-term lease in Turkey. The dates assume that the tenant did not terminate the lease during the renewal years:

The landlord’s right to terminate the tenancy after 10 years in Turkey does not require the tenant to be at fault or any specific justification, but it is only valid if the statutory notice requirements are strictly observed. If the property is not vacated despite the notice, the landlord may file an eviction lawsuit; in both definite and indefinite leases, timely written notices are critical to avoid loss of rights.

c) Can a Tenant Be Evicted After 5 Years in Turkey?

The completion of five years of tenancy is not, by itself, a ground for eviction under the Turkish Code of Obligations. A tenant who has completed five years can only be evicted in Turkey if a fault-based ground or a statutory ground such as the landlord’s need, the new owner’s need or reconstruction exists.

The legal consequence of the five-year period concerns the rent: in leases longer than five years or renewed after five years, the rent for the new lease year may be determined by the judge on the basis of equity (TCO Art. 344/3). The right to terminate without cause under Turkish law only arises once the ten-year renewal period has been completed.

Time Limits for Eviction Lawsuits and Proceedings in Turkey by Eviction Ground

For most eviction grounds in Turkey, the period available to the landlord is short and of a forfeiture nature. The main eviction grounds and their time limits explained above are summarised below:

Where to File a Tenant Eviction Lawsuit in Turkey?

Under the Turkish Code of Civil Procedure, the competent court in eviction lawsuits, as in all disputes arising from lease relationships, is the Civil Court of Peace (Article 4). Since the territorial jurisdiction of the court where the property is located is not mandatory (exclusive) jurisdiction, the lawsuit may be filed in that court or in the court of the defendant’s place of residence or the place where the lease is to be performed (Articles 6 and 10).

Therefore, although the court where the property is located is competent, there is no mandatory requirement to file the case there, which allows the parties a degree of flexibility in choosing the court in Turkey. If the landlord chooses eviction through enforcement, the eviction order is given by the enforcement court.

How to File an Eviction Lawsuit in Turkey?

An eviction lawsuit in Turkey is filed before the Civil Court of Peace with a petition stating the eviction ground and evidence, as a rule after mandatory mediation has been attempted and the failure to reach an agreement has been documented. The case is subject to simplified procedure, so stating all claims and evidence fully in the petition is important for a quick outcome.

• Documents Required for an Eviction Lawsuit in Turkey

The documents to be submitted in an eviction lawsuit in Turkey vary according to the ground relied on, but in practice the following form the core file:

1. Lease agreement: The written lease or evidence of an oral lease,
2. Title deed: The title deed record showing the status of the landlord or new owner,
3. Notices: Default notices, the new owner’s notice or termination notice, together with proof of service,
4. Final mediation report: The original or certified copy of the non-settlement report,
5. Ground-specific documents: Civil registry and health records in need-based cases, project and permit documents for reconstruction, and the written commitment in commitment-based cases.

• What Does the Case Type “Eviction of the Leased Property (Arising from the Law of Obligations)” Mean in Turkey?

The case type “Kiralananın Tahliyesi (Borçlar Yasasından Kaynaklanan)” shown in Turkish court records (UYAP and e-Devlet) refers to an eviction lawsuit filed before the Civil Court of Peace on the grounds set out in the Turkish Code of Obligations. Eviction requests through enforcement under the Enforcement and Bankruptcy Law are heard separately by the enforcement court.

A tenant who sees that such a case has been filed before the Turkish courts should submit a defence within the response period starting from service of the petition. The case type does not show which eviction ground is relied on; the petition itself must be examined for that purpose.

• Can an Eviction Lawsuit Be Filed Without a Lawyer in Turkey?

Under Turkish law, filing an eviction lawsuit through a lawyer is not mandatory; the landlord can file and pursue the case personally. However, since incorrect application of forfeiture periods, notice requirements and the mediation pre-condition may lead to dismissal, conducting the process through a litigation lawyer in Turkey reduces the risk of losing rights.

• What Happens If the Tenant Does Not Attend the Eviction Hearing in Turkey?

If a duly summoned tenant does not attend the hearing in Turkey, this does not prevent the case from proceeding; at the request of the landlord who attends, the proceedings continue in the tenant’s absence, and a tenant absent without a valid excuse cannot object to the steps taken in their absence (Code of Civil Procedure Art. 150/2). The tenant’s absence does not amount to acceptance, and the landlord must still prove the eviction ground relied on.

• Eviction Lawsuit Costs in Turkey and Who Pays Them

When filing an eviction lawsuit in Turkey, the application fee and advance court fee are paid together with an advance on costs for service, expert and inspection expenses; the decision and judgment fee is calculated on one year’s rent, whether or not there is a written lease (Fees Law Art. 17). Litigation costs and the opposing party’s attorney fee are, as a rule, borne by the losing party (Code of Civil Procedure Art. 326), so a tenant who loses the eviction lawsuit pays the landlord’s litigation costs and the attorney fee set by the Minimum Attorney Fee Tariff.

The stages from filing an eviction lawsuit in Turkey to the decision, and the main points to watch at each stage, are summarised below. The table concerns eviction through a lawsuit; eviction through enforcement has no mediation stage:

How Long Does an Eviction Case Take in Turkey?

The duration of an eviction case in Turkey depends on the eviction ground relied on, the court’s workload and whether the tenant exercises the right to object and present a defence, so no definitive duration can be given.

The question “How long does an eviction lawsuit take in Turkey?” is one of the most frequently encountered concerns in practice, and the content of the file, the court’s caseload and the characteristics of the location directly affect the timeline.

In general terms, the average duration of an eviction lawsuit in Turkey at first instance is approximately between 1 and 1.5 years. In particular, during the period of the 25% cap on residential rent increases applied until 1 July 2024, legal rent increases remained far below inflation, which increased rental disputes in Turkey and in turn the courts’ workload and the length of proceedings.

Under the provision added to the Turkish Code of Civil Procedure by Law No. 7589, in force since 31 July 2026, the interval between hearings cannot exceed three months except in compelling cases such as expert examination or letters rogatory (Art. 147/3), which is expected to shorten eviction proceedings. In this context, the most accurate answer to how long an eviction lawsuit takes is that the duration largely depends on the workload of the court and current conditions in the judicial system. In order to obtain a concrete assessment of the expected timeline of an eviction case, it is advisable to seek professional legal assistance in Turkey.

Can an Eviction Case End at the First Hearing in Turkey?

Since eviction cases in Turkey are subject to simplified procedure, a case may be concluded at the first hearing where the eviction ground is clearly proven by documents and no witness or expert examination is needed. For example, default cases in which unpaid rent is clearly shown by bank records, or cases based on an undisputed eviction commitment, may be decided quickly.

By contrast, cases based on need or reconstruction in Turkey require witness hearings, on-site inspection and expert examination, so the proceedings extend over several hearings. A tenant’s timely response raising substantial objections is also among the main factors increasing the number of hearings.

What Happens After an Eviction Order in Turkey?

After an eviction order is given in Turkey, the landlord enforces it through enforcement proceedings based on a court judgment, and if the tenant does not vacate within the period stated in the enforcement order, the eviction is carried out by the enforcement officer. The process after an eviction order consists of finalisation of the decision, appeals and the enforcement stage.

1. Can an Eviction Order Be Enforced Before It Becomes Final in Turkey?

Under Turkish law, eviction orders based on a lease relationship are not regarded as judgments concerning rights in rem over immovable property, so as a rule they can be enforced before becoming final. However, a tenant who appeals the decision may request a stay of enforcement from the regional court of appeal by depositing the security determined by the court.

2. When Does a Tenant Who Loses the Eviction Case Have to Leave in Turkey?

When the eviction judgment is submitted for enforcement in Turkey, an enforcement order is sent to the tenant, granting seven days from service to vacate the property (Enforcement and Bankruptcy Law Art. 26). If the property is not vacated within this period, the enforcement office, with police assistance if necessary, vacates it and delivers it to the landlord; this forced eviction is the answer to what happens if the tenant does not leave after the eviction order.

3. What Happens If the Tenant Appeals the Eviction Order in Turkey?

The tenant may file an appeal against the eviction order within two weeks of service; where the value of the case is below the appeal threshold under Turkish law, the decision is final. An appeal or an appeal on points of law does not by itself stop the eviction; a stay of enforcement requires depositing the security mentioned above.

4. What Happens If the Tenant Vacates During the Eviction Case in Turkey?

If the tenant vacates the property and returns the keys while the eviction case is pending in Turkey, the case becomes moot and the court rules that there is no need to decide on the merits. In this situation, litigation costs and the attorney fee are allocated according to which party was justified on the date the case was filed (Code of Civil Procedure Art. 331).

The stages from the eviction order to delivery of the property in Turkey and the applicable periods are summarised below. The periods assume that the order has been submitted for enforcement and the tenant has not obtained a stay of enforcement:

Can a Landlord Forcibly Remove a Tenant in Turkey?

In Turkey, a landlord cannot remove a tenant personally or by force even where an eviction ground exists; without the tenant’s consent, eviction can only be carried out by the enforcement office on the basis of a court or enforcement decision. Self-help eviction attempts such as removing the tenant’s belongings, changing the locks or threatening the tenant are unlawful and give rise to criminal and civil liability for the landlord.

• Criminal liability: Entering the home without the tenant’s consent may constitute violation of the inviolability of the home (Turkish Penal Code Art. 116), and coercive or intimidating conduct may constitute threat (Turkish Penal Code Art. 106).
• Cutting off electricity, water or gas: A landlord cutting off or causing utilities to be cut off to force the tenant out breaches the obligation to keep the property fit for use and may lead to a compensation claim by the tenant.
• Removing a tenant with the police: The police cannot remove a tenant from the property without an eviction judgment or enforcement decision; if the tenant does not comply with the enforcement order, eviction is carried out by force by the enforcement office (Enforcement and Bankruptcy Law Art. 26).

Mandatory Mediation in Rental Disputes in Turkey

Since 1 September 2023, applying to a mediator before filing a lawsuit has been a mandatory pre-condition in disputes arising from lease relationships in Turkey, and this rule also covers eviction lawsuits based on the Turkish Code of Obligations. As part of a broader effort to reduce the judiciary’s workload and encourage alternative dispute resolution, the Turkish legal system has implemented mandatory mediation in Turkey as a procedural requirement in various civil law areas, including lease agreements. This system is regarded as an effective preliminary step before litigation.

a) Legal Framework and Scope of Mediation Application in Turkey

Under Article 18/B of Turkish Law No. 6325 on Mediation in Civil Disputes, parties must first apply to a mediator in disputes arising from lease relationships, such as eviction of leased property, rent claims, rent determination and termination of the lease. According to Article 18/A of the Mediation Law and Article 115 of the Code of Civil Procedure, lawsuits filed without first attempting mediation are dismissed due to lack of a procedural condition.

However, requests to evict a tenant through enforcement without a court judgment under the Enforcement and Bankruptcy Law are excluded from mandatory mediation in Turkey. Therefore, in cases of non-payment of rent or a written eviction commitment, landlords may proceed directly to enforcement without mediation; if an eviction lawsuit is to be filed before the Civil Court of Peace on the same grounds, mediation is a pre-condition.

b) Mediation Procedure and Its Benefits in Turkey

The mediation process in Turkey begins when the dispute is submitted to a mediator registered with the Ministry of Justice. The mediator attempts to facilitate an agreement through neutral and structured discussions but does not impose a solution against the parties’ free will.

If the parties reach a consensus, obtaining an enforceability annotation on the settlement agreement is mandatory; for agreements concerning immovable property it is obtained from the Civil Court of Peace where the property is located, and the annotated agreement can be enforced (Mediation Law Art. 18/B). If no agreement is reached, the mediator issues a final non-settlement report, which permits the parties to proceed to the Turkish courts.

c) Practical Implications for Rental Disputes in Turkey

Mandatory mediation in Turkey serves as a cost-effective and time-efficient mechanism that often results in mutually beneficial resolutions, especially in long-term contractual relationships like leasing. It helps to preserve tenant-landlord relationships and avoid lengthy litigation.

During the period of the 25% cap on residential rent increases applied until 1 July 2024, the number of rental disputes in Turkey increased significantly, and mandatory mediation became an essential filter channelling many disputes out of the formal judicial process. Landlords and tenants alike are encouraged to understand their rights and obligations under the mediation framework, as proper use of this mechanism can prevent unnecessary delays and reduce legal costs.

What Happens If a Rented House Is Sold in Turkey?

The sale of a rented house in Turkey does not terminate the lease; the new owner becomes a party to the lease agreement and can evict the tenant only on the eviction grounds provided by law. The Turkish Code of Obligations adopts a tenant-friendly approach and provides that the tenant’s rights remain intact even if the leased property is sold.

In this regard, if a valid lease agreement was concluded prior to the property sale in Turkey, the agreement continues to be binding after the transfer of ownership, and the new owner automatically becomes a party to it. The new owner cannot evict the tenant solely on the grounds that the property has been sold, and any eviction request must be based on one of the limited legal grounds. For this reason, a person considering buying property in Turkey that is already let should also review the remaining lease term and any lease annotation in the land registry.

Where the new owner wishes to use the property as a residence or workplace, Article 351 of the Turkish Code of Obligations applies, and the time limits and notice requirements explained in the section on the new owner’s need must be met. In summary, the sale of a tenanted property does not automatically terminate the lease in Turkey, and a lawful eviction is only possible if the new owner satisfies the statutory conditions.

Is It Possible to Evict a Tenant Without a Written Lease Agreement in Turkey?

A tenant without a written lease agreement can also be evicted through an eviction lawsuit in Turkey, because the Turkish Code of Obligations does not make the validity of a lease dependent on written form and oral leases are also legally valid. However, in practice, a written lease provides significant advantages in proving the parties’ rights and obligations in rental disputes in Turkey.

In oral leases in Turkey, if an eviction lawsuit is filed, the burden of proof lies with the landlord, which can both prolong and complicate the process. If legally valid evidence establishes an actual lease relationship, the court accepts the existence of the agreement and considers the eviction request; the landlord must first prove that the tenant has been using the property, and the main types of evidence are:

• Bank records: Regular rent payments by bank transfer are strong evidence of the lease relationship; if these records show that the payments were made to the property owner, they may constitute a presumption of the existence of a lease agreement before the court.
• Utility bills: Electricity, water, natural gas or similar subscriptions registered in the tenant’s name for the leased property are effective evidence of actual use.
• Witness statements: Besides the parties’ statements, testimony from third parties can provide information on the duration, content and conditions of the lease relationship.
• Official documents and correspondence: Written communications between the landlord and tenant, especially payment reminders, warnings or messages related to rent, can concretise the content of the oral agreement. However, care must be taken to respect personal data privacy principles when using such documents as evidence in court.

The absence of a written lease does not invalidate the lease relationship in Turkey but may create significant difficulties regarding the burden of proof. A person occupying the property without any lease relationship is not a tenant but an unlawful occupant; in that case, instead of an eviction lawsuit, an action to prevent interference and a claim for compensation for unlawful use (ecrimisil) must be filed. It is therefore important for parties to a lease to execute written lease agreements to facilitate proof.

How Are Eviction Lawsuits Filed in Turkey Following the Death of the Landlord?

In Turkey, the landlord’s death does not terminate the lease; the rights and obligations arising from the lease pass to the heirs, and as a rule the eviction lawsuit must be filed jointly by all heirs. When the landlord dies during an ongoing lease, the rights arising from the contract transfer to the heirs as part of the estate under Turkish Inheritance Law.

1. Proving Heirship in Turkey

Under the Turkish Civil Code, heirs are determined by a Certificate of Inheritance (also known as a “certificate of heirship”). For legal heirs this document may be issued by the Civil Court of Peace or a notary public, whereas for testamentary heirs it is issued only by the Civil Court of Peace (Turkish Civil Code Art. 598).

2. Obligation of the Heirs to Act Together in Turkey

Upon the landlord’s death, the heirs hold the estate in joint ownership under Turkish law, so mandatory joinder of parties applies in the eviction lawsuit (Code of Civil Procedure Art. 59). If only one heir or some of the heirs file the case without the participation or consent of the others, the lawsuit may be dismissed on procedural grounds; heirs who disclaim the inheritance in Turkey have no standing to sue, as the property does not pass to them.

• Consent of the other heirs: The defect in the parties can be cured if the heirs who did not file the case join it or give written consent.
• Appointment of a representative to the estate: If the heirs cannot agree, the Civil Court of Peace may, at the request of one of the heirs, appoint a representative to the community of heirs (Turkish Civil Code Art. 640), and the eviction lawsuit can be filed through this representative.

3. Effect of Disputes Between Heirs on Eviction in Turkey

Following the landlord’s death, disputes may arise among the heirs regarding the use, disposal or leasing of the inherited property in Turkey, and there may be inheritance lawsuits such as annulment of title deeds due to fraudulent conveyance or abuse of power of attorney. Such disagreements complicate the eviction process, and the court addresses representation and capacity in accordance with procedural law.

If the dispute among the heirs about filing a lawsuit continues, the eviction lawsuit may be filed by the authorised heir or heirs after the community of heirs is dissolved and ownership of the property is clarified. An action for partition between heirs does not affect the tenant’s rights in Turkey.

In conclusion, after the landlord’s death the authority to request eviction passes to the heirs; to file an eviction case in Turkey, heirship must be proven with a certificate of inheritance and the heirs must act together. In case of coordination difficulties among heirs, consulting an inheritance lawyer in Turkey is highly recommended to ensure that the process is conducted properly and efficiently.

What Are the Eviction Conditions in Lease Relationships Involving Foreign Elements in Turkey?

In a lease of property located in Turkey, the fact that one of the parties is a foreigner does not change the eviction conditions; the limited eviction grounds of the Turkish Code of Obligations apply equally to foreign tenants and landlords. While various special regulations exist under Foreigners Law regarding contracts with foreign parties, Turkish lease law does not provide a separate eviction regime for leases involving foreign elements.

Accordingly, whether the parties are Turkish citizens, foreign nationals or representatives of foreign companies, eviction of the tenant in Turkey is only possible on the grounds stipulated by law. Common eviction reasons such as non-payment of rent, the landlord’s need for a residence, reconstruction and zoning, eviction commitments or the expiry of the 10-year period apply equally to foreign tenants.

In practice, there are frequent cases where foreigners prepare fictitious lease agreements based on unreal lease relationships in order to obtain residence permits in Turkey. Such acts may constitute offences under the Turkish Penal Code, including forgery of private documents (Article 207) and fraud (Articles 157 et seq.); especially where the tenant never actually occupies the property or no real lease relationship exists, serious criminal sanctions may be imposed.

Foreigners who own real estate in Turkey may exercise landlord rights, including filing eviction lawsuits. Similarly, Turkish law governs lease relationships concerning real estate owned or rented by foreign-capital companies operating branches in Turkey, and no special exceptions are provided for tenant eviction.

How Can a Landlord Living Abroad Evict a Tenant in Turkey?

Under Turkish law, a landlord living abroad does not need to travel to the country to evict a tenant; the mediation, enforcement and court processes can be conducted through a lawyer appointed by power of attorney. The power of attorney can be issued at a Turkish consulate in the country of residence or before a foreign notary with an Apostille.

The eviction grounds and time limits for a landlord abroad are the same as for a landlord living in Turkey; however, in eviction due to need, proving the plan to return to Turkey with concrete documents becomes important. Preparing the power of attorney in advance ensures that notices can be served on time and forfeiture periods are not missed.

What Is the Easiest Way to Evict a Tenant in Turkey?

The easiest way to evict a tenant in Turkey is eviction through enforcement where there is a valid written eviction commitment or unpaid rent, because mediation is not required on these routes and the eviction order is given more quickly by the enforcement court. As the Turkish legal system fundamentally protects the tenant’s right to housing and secures tenant rights in lease relationships, where these routes are not available, eviction must rely on a statutory ground established by a court decision.

Primarily under the Turkish Code of Obligations and related legislation, eviction is only permitted for specific and limited reasons, which prevents landlords from arbitrarily terminating lease agreements. The landlord must therefore act in compliance with the relevant rules, fulfil the burden of proof and properly manage the procedural steps; otherwise, the eviction case in Turkey may be dismissed or result in a significant loss of rights.

1. Most Common Grounds for Tenant Eviction in Turkey

Below is a summary of the five primary eviction grounds landlords frequently rely on in Turkey, in line with the relevant legislation:

• Non-Payment of Rent (TCO Articles 315 and 352/2): If the tenant fails to pay rent on time, the landlord may initiate eviction either through enforcement proceedings or by filing a lawsuit based on default.
• Landlord’s Need for Residence or Workplace (TCO Article 350/1): If the landlord, their spouse, descendants, ascendants or those legally dependent on them require the property as a residence or workplace, and this need is proven to be genuine and compelling, the landlord has the right to file for eviction.
• Eviction Due to Reconstruction or Zoning (TCO Article 350/2): If the property requires substantial repair, extension, alteration or rebuilding and becomes unusable during such works, the landlord can seek eviction.
• Eviction Commitment (TCO Article 352/1): If the tenant has given a written commitment, after delivery of the property, to vacate it by a certain date but fails to do so, the landlord may initiate enforcement or file an eviction lawsuit within one month.
• Termination After 10 Years of Renewal (TCO Article 347/1): In fixed-term leases, after the ten-year renewal period, the landlord may terminate the lease by giving notice at least three months before the end of each following renewal year.

2. How to Evict a Tenant Who Pays Rent Regularly in Turkey?

A tenant who pays rent regularly can be evicted in Turkey where a ground not based on the tenant’s fault exists: the landlord’s or new owner’s need, reconstruction and zoning, the tenant or spouse owning a home in the same district, a written eviction commitment, or the end of the ten-year renewal period. Regular payment of rent does not prevent these grounds from applying, but each has its own proof and time requirements.

In practice in Turkey, the most frequently used routes are a genuine and sincere residential need and the expiry of the ten-year renewal period. A low rent is not, by itself, a ground for eviction; in that case the landlord’s remedy is a rent determination lawsuit.

The difference in speed and cost between eviction routes in Turkey stems from the mediation requirement and the authority that decides. The main routes are compared below:

3. The Importance of Legal Counsel in the Eviction Process in Turkey

The tenant eviction process in Turkey is governed not only by substantive law but also strictly by procedural law. Neglecting technical details such as notice periods, timing of filing, competent courts and burden of proof may lead to dismissal or delays.

Therefore, obtaining legal support from an experienced eviction lawyer is crucial to correctly managing the eviction process in Turkey. An eviction lawyer in Turkey informs the landlord at every stage, ensures proper preparation of documents, represents the landlord before the court, and prevents potential loss of rights.