TENANT EVICTION CONDITIONS AND LEGAL PROCEDURE IN TURKEY

HOW TO EVICT A TENANT 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. The widely held assumption that “the landlord can evict the tenant once the contract ends” does not align with the legal realities under Turkish law. Contrary to this popular belief, the mere expiration of a lease agreement does not, by itself, justify the eviction of a tenant in Turkey.

Under the Turkish Code of Obligations, tenants are granted robust legal protections, and these protections can only be terminated under specific conditions and procedural requirements prescribed by law. Accordingly, tenant eviction in Turkey is only possible if one of the statutory grounds explicitly set out in the legislation is present. For example, the tenant’s refusal to accept a rent increase above the legal limit does not constitute a valid reason for eviction in Turkey. Tenants have the right to contest excessive rent increases in Turkey, and such rental disputes do not justify termination of the lease or eviction.

In legal terminology, the process of removing a tenant from a leased property in Turkey is referred to as “tenant eviction.” This process is not limited to the expiration of the lease term; it may arise from various legal justifications. Even during an ongoing lease, if the landlord has legitimate and lawful reasons—such as the tenant’s failure to pay rent, misuse of the property, or the landlord’s need to use the property for themselves or close family members—eviction proceedings in Turkey can be initiated.

The core legal framework governing tenant eviction in Turkey is provided under Articles 347 and subsequent provisions of the Turkish Code of Obligations. These articles comprehensively set forth the circumstances under which eviction claims can be made, along with the applicable time limits and procedural requirements. Additionally, other laws—such as the Enforcement and Bankruptcy Law—also contain important regulations regarding eviction, which are considered in practice as a unified legal scheme.

Questions such as “how can a tenant be evicted in Turkey?” or “what legal procedures must be followed for tenant eviction in Turkey?” often create uncertainty in practice for both landlords and tenants. Therefore, a careful interpretation of Turkish rental law, along with a case-specific legal analysis, is essential. For example, 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 relevant provisions of Turkish corporate law, including authorization and board decisions.

This article systematically examines the legal framework for tenant eviction process in Turkey, analyzing the delicate balance between the landlord’s right to reclaim their property and the tenant’s constitutional right to housing. It also addresses frequently asked questions about common eviction scenarios in Turkey and highlights practical issues that should be carefully considered in tenant eviction proceedings in Turkey.

REASONS FOR TENANT EVICTION AND WAYS TO EVICT A TENANT THROUGH AN EVICTION LAWSUIT IN TURKEY

The reasons for tenant eviction in Turkey are specified in the Turkish Code of Obligations. The landlord can evict the tenant based on one of these reasons. If these reasons do not exist, the tenant cannot be asked to vacate the property in Turkey even if the rental agreement is for a fixed term. How is a tenant evicted in Turkey?

• EVICTION OF A TENANT IN TURKEY FOR NON-PAYMENT OF RENT

The most commonly encountered reason for tenant eviction in practice is the eviction of a tenant through an eviction lawsuit for non-payment of rent. This method, also known as eviction due to default, is the easiest way to evict a tenant in Turkey. However, the procedure of eviction of a tenant in for non payment of rent through an eviction lawsuit in Turkey is a legally intensive process.

• Step 1: An eviction notice is first sent to the tenant for unpaid rent. This notice states that the tenant must pay the rent within 30 days, otherwise the landlord will terminate the lease contract. The eviction notice should include details such as the specific months for which rent has not been paid, the amount due, bank account information, and other relevant details.
• Step 2: If the tenant does not pay within the specified period despite the eviction notice, the landlord can evict the tenant through an eviction lawsuit in Turkey. It is important to note that the landlord cannot self-evict the tenant if the payment is not made within the period specified in the notice. An eviction lawsuit is mandatory for eviction of tenant for non payment of rent.
• Step 3: The landlord may initiate eviction proceedings in Turkey by filing an enforcement (execution) proceeding against the tenant, requesting both the eviction of the property and payment of the unpaid rent. If the property is of a commercial nature and the landlord is a legal entity (such as a company), a tax clearance certificate showing that tax obligations (such as stamp tax, Value Added Tax, withholding tax, etc.) have been fulfilled must be attached to the eviction-based enforcement file. In the payment order sent to the tenant, a 30-day period is granted for payment. If the tenant fails to pay or objects to the enforcement proceeding within this period, the landlord gains the right to file an eviction lawsuit in Turkey. If the landlord chooses to proceed via enforcement, issuing 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.
• Step 4: After all these steps are completed, an eviction lawsuit is filed, and the conditions for tenant eviction are examined by the judge based on the parties’ objections and evidence. If the court determines that the rent has not been paid, it rules in favor of the landlord and orders the eviction of the tenant.

• TENANT EVICTION IN TURKEY BASED ON TWO JUSTIFIED NOTICES DUE TO IRREGULAR PAYMENT OF RENT IN TURKEY

One of the grounds for the eviction of a tenant in residential and roofed commercial leases in Turkey is the issuance of two justified payment default notices within the same lease year due to the tenant’s failure to pay the rent. This provision is set forth in Article 352, paragraph 2 of the Turkish Code of Obligations and is commonly referred to in practice as “eviction due to two justified warnings.”

The purpose of this provision is to provide the landlord with a legal remedy to terminate the lease agreement, while also ensuring reasonable protection for the tenant. Persistent payment defaults during the lease relationship may render the contractual relationship unbearable for the landlord. Therefore, the legislator has granted landlords the right to terminate the lease and file an eviction lawsuit in such cases.

a) Conditions for Two Justified Notices in Turkey

1. The notices must be made in writing. Valid methods of delivery include via notary public, registered mail, or hand delivery with a signature. However, it must be proven that the notice was served to the tenant.

2. Each notice must pertain to a different rental period. Repeated notices concerning the same period will not be considered justified.

3. The tenant must have failed to pay or underpaid the rent before the notice.

4. The tenant’s subsequent payment after receiving the notice does not invalidate the justification of the notice.

5. Both notices must be issued within the same lease year (not calendar year, but the year calculated according to the lease agreement).

b) Application Based on the Duration of the Lease Agreement

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

1. If the lease term is 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, requesting termination of the lease.
2. If the lease term is 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. This one-month period is a statute of limitation.
3. If the lease term exceeds one year (e.g., 3- or 5-year leases): If two justified notices are issued within any lease year during the term of a fixed-term lease agreement, the landlord may initiate an eviction lawsuit within one month following the end of that lease year.

Although eviction due to two justified notices is among the tenant-protective provisions of the Turkish Code of Obligations, it also provides landlords with a legal remedy against tenants who disrupt payment discipline. It is important to note that whether the notices are deemed justified is subject to judicial discretion; therefore, strict compliance with form and time requirements is essential. For the landlord to manage this process effectively and in accordance with the law, the content of the notices must be properly drafted, and the legal deadlines must not be missed. Otherwise, the right to file an eviction case in Turkey will be forfeited, and the tenant cannot be evicted.

• TENANT EVICTION IN TURKEY BASED ON EVICTION COMMITMENT

According to the first paragraph of Article 352 of the Turkish Code of Obligations, another reason for an eviction lawsuit against the tenant is eviction based on a written eviction commitment. A document in which the tenant undertakes to vacate the rented property on a specific date is called a “written eviction commitment.” For the written eviction commitment to be considered valid, it must be prepared after the tenant has taken possession of the rented property. In other words, if it is prepared before the tenant takes possession of the property, for example, while signing the rental agreement, the written eviction commitment is not legally valid in Turkey.

However, if the commitment is valid, the tenant must vacate the property on the specified date. If the property is not vacated despite the commitment, the landlord can initiate enforcement proceedings or file a lawsuit within one month from the committed date to terminate the rental agreement.

The most common situation in practice in Turkey is the landlord obtaining a blank eviction commitment from the tenant. Although eviction commitments given by the tenant while signing the rental agreement are not valid, undated eviction commitments given at that time are later filled in by the landlord and used in eviction lawsuits in Turkey. The Supreme Court considers blank eviction commitments valid and treats them as a “signature on a blank paper.” Therefore, tenants should be prepared for the possible consequences of giving an eviction commitment with the date left blank to the landlord.

• TENANT EVICTION IN TURKEY DUE TO THE LANDLORD’S PERSONAL OR FAMILY NEED

In residential and roofed commercial leases, the landlord’s right to evict the tenant is limited to specific grounds regulated under Article 350 of the Turkish Code of Obligations. One of the most significant of these grounds is the landlord’s need to use the leased premises as a residence or workplace for themselves or their close relatives. According to the first paragraph of Article 350, if the landlord, their spouse, descendants, ascendants, or other persons legally dependent on them require the leased property for residential or occupational use, the landlord may request the eviction of the tenant on the basis of this need.

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

The fundamental requirement for eviction due to need is that the need must be genuine and sincere. This means the landlord’s claim cannot be hypothetical or arbitrary—it must be based on objective conditions and constitute a serious and compelling necessity. In practice, the Court of Cassation (Yargıtay) considers the following factors when assessing the sincerity of a landlord’s claimed need:

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

If the landlord’s claim of need is motivated by other purposes (e.g., removing the tenant to re-let the property at a higher rent) or if there are other properties suitable for the same purpose, the court may deem the claim insincere and reject the eviction request. Additionally, in practice, filing a rent determination lawsuit alongside an eviction claim may be seen as evidence against the sincerity of the need. However, in its established case law, the 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 or unfounded.

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

To initiate an eviction lawsuit based on need in Turkey:

• In fixed-term lease agreements, the lawsuit must be filed within one month following the expiration of the lease term.
• In indefinite-term lease agreements, the lawsuit must be filed within one month following the end of the statutory termination notice period, provided that a termination notice has been duly served.

These time limits are of a forfeiture nature; lawsuits not filed within the prescribed period will not be admitted by the court.

c) Burden of Proof and Judicial Assessment

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

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

The court will assess the legitimacy and sincerity of the claimed need. If the court finds the need to be credible and well-founded, it will render an eviction order.

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

If a tenant is evicted on grounds of the landlord’s personal need in Turkey, under Article 355 of the Turkish Code of Obligations, the landlord is prohibited from leasing the same property to anyone other than the former tenant for a period of three years. This provision aims to prevent bad-faith eviction claims and protect tenants. If the landlord violates this rule, the tenant may seek compensation through legal channels. However, it is important to note that compensation is typically awarded only if the eviction was executed through enforcement proceedings.

The landlord may lawfully request the eviction of the tenant in Turkey due to a genuine residential or commercial need. However, the exercise of this right is subject to strict conditions and time limits under the law. The sincerity, reality, and provability of the need are crucial for the court to accept the eviction claim. As this type of lawsuit is frequently encountered in practice and often disputed, the process must be managed carefully and meticulously.

• TENANT EVICTION IN TURKEY DUE TO THE NEW OWNER’S NEED

One of the legal grounds for the eviction of a tenant in Turkey is the need asserted by a new owner following the transfer of ownership of the leased property. According to Article 351 of the Turkish Code of Obligations, if the property is sold or otherwise transferred while the lease agreement is ongoing, the new owner assumes the status of a party to the lease agreement, and the tenancy continues under the same terms and conditions.

However, the new owner may not wish to maintain the tenancy and may require the property for personal use, or for use by their spouse, descendants, ascendants, or other persons for whom they are legally obliged to provide care. In such cases, the law grants the new owner the right to request the eviction of the tenant in Turkey on the basis of personal or familial need. Nonetheless, the exercise of this right is subject to specific procedural and temporal requirements.

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. A lease annotation serves to protect 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

In Turkey, although the new owner becomes a party to the lease agreement upon acquiring the property, they may request the eviction of the tenant by asserting a personal or familial need to use the leased premises. For this eviction claim to have legal validity in Turkey, the following conditions must be met concurrently:

• The need must be genuine and sincere. It must be supported by objective circumstances such as the owner’s personal need for residence, the intention to allocate the property to a family member, relocation, health issues, or family-related matters.
• The need must arise within a reasonable time after the acquisition of the property. If the landlord already owned the property for an extended period before asserting the need, the validity of the claim may be questioned.

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

The new owner may exercise their right to evict the tenant in one of two ways:

1. Filing an Eviction Lawsuit After Six Months (Article 351, Sentence 1 of the TCO)

After acquiring ownership of the property in Turkey:

• The new owner must serve a written notice to the tenant within one month from the date of acquisition. This notice must be delivered via notary or registered mail and must be properly served.
• The eviction lawsuit may be filed no earlier than six months after the notice has been served.

This is the classic and more commonly used method for pursuing eviction in Turkey.

⚠️ Important Note: Sending the notice is not sufficient on its own—it must be formally served on the tenant, and proof of service is required. If the notice does not reach the tenant within one month of the acquisition date, the notice is deemed invalid, and the right to eviction is forfeited.

2. Filing an Eviction Lawsuit at the End of the Lease Term (Article 351, Sentence 2 of the TCO)

Alternatively, the new owner may wait for the lease term to expire and then file an eviction lawsuit in Turkey. In this case:

• The lease must reach its end.
• The new owner must notify the tenant within one month of acquiring the property, indicating their intent to claim the premises for personal use and to seek eviction at the end of the lease term.
• The lawsuit must be filed within one month following the end of the lease.

This route is often preferred in fixed-term lease agreements.

c) Burden of Proof and Judicial Evaluation

The new owner’s eviction request will be examined by the court, which will assess 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. Additionally, there must 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 in Turkey and then leases the property to another person (other than the former tenant) within three years, they may become liable for compensation to the former tenant. This rule is designed to protect tenants from bad-faith eviction claims. The legal 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 specific legal ground recognized under the Turkish Code of Obligations. However, this right must be exercised strictly in accordance with procedural rules and statutory deadlines. Failure to comply with notification and filing timelines results in the forfeiture of the eviction right in Turkey. Therefore, it is crucial that this process is managed with the support of experienced legal professionals, in order to avoid potential loss of rights.

• TENANT EVICTION IN TURKEY DUE TO RECONSTRUCTION OR URBAN RENEWAL

Article 350, paragraph 2 of the Turkish Code of Obligations regulates reconstruction or zoning (urban development) as one of the specific legal grounds for tenant eviction in Turkey in residential and roofed commercial lease agreements. Under this provision, landlords are granted the right to terminate the lease and request eviction of the tenant in Turkey if they intend to carry out substantial structural renovations or major reconstruction projects on the leased property.

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

According to the relevant provision, the landlord may terminate the lease and request tenant eviction in Turkey if the following conditions are met:

• The landlord intends to reconstruct the leased property, or

• The landlord is compelled to undertake substantial repairs, extensions, or alterations,

• And during these processes, the use of the leased premises becomes physically impossible.

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

1. The nature of the work must be substantial—it must involve large-scale construction or zoning efforts that affect the structural integrity of the property. Minor repairs, painting, or simple maintenance works are excluded.
2. The use of the leased premises during the construction or renovation must be objectively impossible. If the tenant can continue to use the property during the works, eviction is not legally justified. Courts evaluate this matter based on the facts of the case and often rely on technical expert reports.

b) Time Limits for Filing an 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:

• For fixed-term leases, the lawsuit must be filed within one month following the end of the lease term.
• For indefinite-term leases, a termination notice must be served, and the lawsuit must be filed within one month in accordance with the termination period and notice requirements.

These time limits are statutory limitation periods (preclusive), and if missed, the landlord loses the right to request eviction in Turkey on this ground.

c) Court Assessment and Burden of Proof

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:

• The scope and nature of the proposed construction or zoning project,
• The extent to which the use of the leased property will be hindered,
• Whether the landlord has submitted valid permits (e.g., zoning approval, building permit),
• Whether the work is realistically expected to begin soon.

The court makes its decision based on these factors, often with the support of expert witness opinions.

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

According to Article 355 of the Turkish Code of Obligations, if the tenant is evicted due to reconstruction or substantial renovation, the landlord is prohibited from leasing the same property to a third party for three years from the eviction date. This rule also applies in eviction cases based on reconstruction or zoning grounds.

Eviction in Turkey due to reconstruction or zoning gives landlords greater freedom to manage their property. However, it is subject to strict procedural and evidentiary requirements in order to protect the tenant’s right to housing. For this reason, 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 will reject the case, and the landlord cannot initiate a new eviction case in Turkey on the same grounds.

• TENANT EVICTION IN TURKEY DUE TO DISTURBANCE OF NEIGHBOURS

A lease agreement not only establishes an economic and legal relationship between the landlord and the tenant but also requires that the use of the leased premises aligns with the social environment in which it is located. In this context, the tenant’s obligation to respect neighborhood relations is explicitly regulated under the Turkish Code of Obligations (TCO) and is of significant importance for the continuation of the contractual relationship.Article 316 of the Turkish Code of Obligations imposes a duty on the tenant to use the leased premises with care and to respect the rights of neighbors. This obligation applies not only to residential leases but also to leases of roofed commercial premises. It is a statutory obligation that arises directly from the law, even if not expressly included in the lease contract.

a) Tenant’s Duty to Respect Neighbors

The tenant’s duty to act in accordance with neighborhood norms is a fundamental principle of modern social life. It requires that the tenant use the premises without harming the surroundings or engaging in disturbing behavior. According to established precedents of the Court of Cassation (Yargıtay), the following conduct constitutes a breach of this obligation:

• Playing excessively loud music that disturbs neighbors,
• Using the property as a brothel or for unlawful or immoral activities,
• Insulting or threatening the landlord or other residents,
• Persistently violating the building’s rules or bylaws,

• Engaging in harmful behavior under the influence of alcohol or substances.

Such actions not only breach the lease agreement but also violate environmental law, public morals, and public order. Therefore, they may constitute valid grounds for tenant eviction in Turkey.

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

In cases where the tenant violates the duty to respect neighbors, the landlord does not have the immediate right to terminate the lease. Legal procedures must be followed before termination can occur. The process is as follows:

• Written Notice: The landlord must serve the tenant with a written notice, granting at least 30 days to cease the unlawful conduct. This notice should be delivered via notary or registered mail with return receipt.
• Content of the Notice: The notice must clearly specify which behaviors are contrary to the lease and neighborhood norms, include specific factual instances, and state that failure to cease the behavior within 30 days will result in the termination of the lease.
• If Noncompliance Persists: If the tenant fails to comply within the specified period, the landlord may terminate the lease for just cause and initiate an eviction lawsuit in Turkey.

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

If the tenant’s behavior is so severe that it would be unreasonable to expect the landlord to continue the lease relationship, the landlord may terminate the lease without granting a 30-day period. Examples include:

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

Such behavior represents a serious breach of contract that undermines the essential trust element of the lease relationship.

A tenant’s violation of neighborhood norms is a substantial breach that can justify eviction under Article 316 of the Turkish Code of Obligations. However, the eviction process in Turkey must be strictly in compliance with legal requirements—especially regarding notice and time periods. Otherwise, the eviction case in Turkey may be dismissed on procedural grounds.

• EVICTION OF A TENANT AFTER 10 YEARS IN TURKEY

Lease agreements under the Turkish Code of Obligations may be concluded for a definite or indefinite period. If the tenant resides in the leased premises in accordance with the contract for many years, certain legal protections make it more difficult for the landlord to terminate the lease agreement. However, the law grants the landlord the right to terminate the contract without providing any justification upon the completion of a 10-year automatic renewal period (Article 347/1 of the Turkish Code of Obligations).

The manner in which this right is exercised depends on whether the lease agreement is definite or indefinite in duration.

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

In indefinite-term leases, if the tenancy has continued for ten years, the landlord may terminate the agreement without needing to prove any grounds for eviction in Turkey.

• The statutory termination period for indefinite-term lease agreements is at the end of each six-month lease period.
• The landlord must serve a written notice at least three months before the end of the applicable lease period for the termination to be valid.

Example: If the lease began on January 1st, and the tenant has completed 10 years, then July 1st would be a statutory termination date. The landlord must serve notice by April 1st.

Failure to comply with this timeframe results in the notice becoming effective only for the next termination period.

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

In definite-term lease agreements, if the tenant does not vacate the premises at the end of the agreed period and the landlord fails to serve a termination notice in due time, the lease is automatically renewed for one-year periods under the same conditions (TCO Art. 347/1).

Once 10 years of automatic renewals have passed, the landlord may terminate the lease without cause by giving at least three months’ prior written notice before the end of any subsequent renewal period. This right only becomes exercisable in the 11th year, following the completion of ten full renewal years after the initial term.

c) Practical Examples of 10-Year Tenancy and Termination Deadlines

The landlord’s right to terminate the tenancy after 10 years does not require the tenant to be at fault or the existence of any specific justification. However, this right is only valid if the statutory notice requirements are strictly observed.

Whether the lease is for a definite or indefinite period, effective time management and timely delivery of written notices are of critical importance. Failure to comply with these requirements may result in the loss of rights during legal proceedings.

WHERE TO FILE A TENANT EVICTION LAWSUIT IN TURKEY?

Under the Turkish legal system, the court of competent jurisdiction in eviction lawsuits based on lease agreements is generally the Civil Court of Peace. However, the territorial jurisdiction of the court where the immovable property is located is not considered mandatory (exclusive) jurisdiction under Turkish law.

Accordingly, such lawsuits may be filed not only in the court where the immovable property is situated, but also in the court of the defendant’s place of residence or in the court where the lease agreement is to be performed.

Therefore, although the court where the immovable is located is competent, there is no mandatory procedural requirement to file the case specifically in that court. This allows the parties a degree of flexibility in choosing the court where they will initiate legal proceedings in Turkey.

HOW LONG DOES AN EVICTION CASE TAKE IN TURKEY?

The question “How long does an eviction lawsuit take in Turkey?” is one of the most frequently encountered and fundamental concerns in practice. However, it is not possible to provide a definitive and precise answer to this question, as the duration of eviction proceedings varies depending on numerous factors such as the content of the case file, the caseload of the court handling the case, the geographical and administrative characteristics of the location where the lawsuit is filed, and whether the tenant exercises their right to object or present a defense during the proceedings.

In general terms, the average duration of an eviction lawsuit in Turkey is approximately between 2 to 2.5 years. However, recent legislative amendments concerning lease relationships—particularly the temporary limitation of rent increases to 25%—have led to a significant increase in rental disputes. As a result, the workload of the courts has grown, contributing to the prolongation of legal proceedings.

In this context, the most accurate answer to the question of how long an eviction lawsuit takes would be that the duration of the proceedings largely depends on the workload of the court where the case is filed, as well as current conditions in the judicial system. Therefore, in order to obtain reliable and up-to-date information regarding the expected timeline of an eviction case, it is advisable to seek professional legal assistance in Turkey.

MANDATORY MEDIATION IN RENTAL DISPUTES IN TURKEY

In recent years, rental disputes in Turkey have become increasingly common due to rising rental prices and legislative restrictions on rent increases. As part of a broader effort to reduce the judiciary’s workload and encourage alternative dispute resolution (ADR) mechanisms, the Turkish legal system has implemented mandatory mediation in Turkey as a procedural requirement in various civil law areas, including lease agreements.

a) Legal Framework and Scope of Mediation Application

Under Law No. 6325 on Mediation in Civil Disputes and related regulations, mandatory mediation became a prerequisite for filing lawsuits concerning rental disputes in Turkey as of September 1, 2023. This requirement applies to disputes arising from residential and roofed workplace lease agreements, such as:

• Rent payment claims
• Contractual termination
• Rent determination
• Damages related to lease relationships

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, not all rental disputes in Turkey fall within the scope of mandatory mediation. For instance, eviction actions initiated through enforcement proceedings for non-payment of rent (i.e., debt enforcement with a request for eviction) are excluded. In these cases, landlords may bypass mediation and directly initiate legal proceedings.

b) Mediation Procedure and Its Benefits

The mediation process begins when the dispute is submitted to a licensed mediator registered with the Ministry of Justice. The mediator attempts to facilitate an agreement through neutral and structured discussions. If the parties reach a consensus, the resulting settlement agreement is enforceable as a court decision. If no agreement is reached, the mediator issues a non-settlement report, which permits the parties to proceed to court.

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.

c) Practical Implications for Rental Disputes in Turkey

The number of rental disputes in Turkey has significantly increased following the implementation of a 25% cap on annual rent increases, leading to legal uncertainty and tension between landlords and tenants. In this context, mandatory mediation has become an essential filter, channeling many disputes out of the formal judicial process and promoting faster resolution.

In conclusion, mandatory mediation represents a significant shift in the management of rental disputes in Turkey, offering an alternative that benefits both the parties and the justice system. Landlords and tenants alike are encouraged to understand their rights and obligations under the mediation framework, as proper application of this mechanism can prevent unnecessary delays, reduce legal costs, and lead to more sustainable dispute resolution outcomes.

WHAT HAPPENS IF A RENTED HOUSE IS SOLD IN TURKEY?

The Turkish Code of Obligations adopts a tenant-friendly approach in lease relations and provides that the rights of the tenant shall 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, such agreement continues to be binding after the transfer of ownership, and the new owner automatically becomes a party to the lease contract.

In such cases, the new owner cannot evict the tenant solely on the grounds that the property has been sold. The tenant retains all rights granted under the original lease agreement, and any eviction request by the new owner must be based on one of the limited and specific legal grounds prescribed by the Turkish Code of Obligations.

One such legal basis is the personal need of the new owner to use the property for residential or commercial purposes, as set out in Article 351 of the Turkish Code of Obligations. Provided that the conditions stipulated in this provision are met, the new owner may lawfully request the eviction of the tenant in Turkey. However, as discussed in another section of this article, the application of this provision is subject to certain procedural and time-related requirements.

In summary, the sale of a tenanted property does not automatically terminate the lease agreement in Turkey. The tenant maintains legal protection even against the new owner. A lawful eviction is only possible if the new owner satisfies the conditions for eviction as defined by law.

IS IT POSSIBLE TO EVICT A TENANT WITHOUT A WRITTEN LEASE AGREEMENT IN TURKEY?

Under the Turkish Code of Obligations, the validity of a lease agreement is not dependent on formal requirements. In other words, it is not mandatory for lease agreements to be in writing; oral lease agreements are also legally valid. However, in practice, having a written lease agreement provides significant advantages in proving the rights and obligations of the parties in case of potential rental disputes in Turkey.

Indeed, in oral lease agreements, if an eviction lawsuit is filed against the tenant, the burden of proof lies with the landlord, which can both prolong and complicate the litigation process. Although there may be no written document, if legally valid evidence establishes the existence of an actual lease relationship between the parties, the court can accept the existence of the agreement and consider the eviction request.

In cases where the lease agreement is made orally, the landlord must primarily prove that the tenant has been using the leased property. At this point, various types of evidence can be submitted to the court:

• Bank records: Regular rent payments made through bank transfers are considered strong evidence supporting 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: Subscription bills for electricity, water, natural gas, or similar services registered in the tenant’s name for the leased property are effective evidence of actual use.
• Witness statements: Besides the statements of the parties, testimony from third parties can provide information regarding 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 concretize 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 agreement does not invalidate the legal existence of the lease relationship in Turkey but may create significant difficulties regarding the burden of proof. When the existence and content of an oral lease agreement are proven before the court, it is possible for the landlord to file an eviction lawsuit in Turkey based on the eviction grounds stipulated in the Turkish Code of Obligations. Therefore, it is important for parties involved in a lease relationship to execute written lease agreements to prevent potential legal disputes and facilitate proof.

HOW ARE EVICTION LAWSUITS FILED IN TURKEY FOLLOWING THE DEATH OF THE LANDLORD?

When the landlord dies during an ongoing lease relationship, the lease agreement does not automatically terminate; rather, the rights and obligations arising from the contract transfer to the heirs as part of the estate under Turkish Inheritance Law. Accordingly, if an eviction lawsuit in Turkey is to be filed after the landlord’s death, it must be initiated by the heirs.

Under the Turkish Civil Code, heirs are determined by a Certificate of Inheritance (also known as a “certificate of heirship”). This document is issued either by the Peace Court or by a notary public and indicates the legal or testamentary heirs of the deceased as well as their respective shares in the inheritance.

Upon the landlord’s death, mandatory joinder of parties arises among the heirs in eviction lawsuits. In other words, all heirs who are parties to the lease agreement must act together and file the eviction lawsuit jointly. If only some heirs or a single heir files the case, the court may dismiss the lawsuit due to lack of a procedural requirement. Heirs who disclaim the inheritance in Turkey will have no standing to sue, as the property will not transfer to them.

This rule reflects the principle of mandatory joinder under Article 59 of the Turkish Code of Civil Procedure (Law No. 6100). The rights arising from the lease agreement constitute an indivisible claim among the heirs, and legal acts closely tied to the person, such as eviction, must be pursued with the participation of all heirs.

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

If there is a dispute among the heirs regarding the intention to file a lawsuit, the inheritance estate must first be dissolved, and the property ownership clarified before an authorized heir or heirs can file the eviction lawsuit in Turkey. An action for partition between heirs will not affect the tenant’s rights in Turkey.

In conclusion, after the landlord’s death, the authority to request eviction transfers to the heirs and this action is legally valid only if the heirs act collectively. To file an eviction case in Turkey, the status of heirship must be proven with a certificate of inheritance, and all heirs must participate as mandatory parties in the lawsuit. 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?

While various special regulations exist under Foreigners Law regarding contracts established with foreign parties in national legal systems, there is no distinction in Turkish lease law concerning lease agreements that include foreign elements. In other words, the fact that one of the parties is a foreign national does not prevent the application of the Turkish Code of Obligations to the lease relationship.

The Turkish Lease Law also applies to lease agreements involving foreign natural or legal persons; no different provisions govern the eviction process in Turkey or its grounds. Accordingly, whether the parties to the lease contract are Turkish citizens, foreign nationals, or representatives of foreign companies, eviction of the tenant is only possible based on the limited grounds stipulated in the Turkish Code of Obligations. For instance, common eviction reasons such as non-payment of rent, the landlord’s need for the property for residential purposes, reconstruction and zoning requirements, eviction commitments, or the expiration of a 10-year lease term 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 offenses under the Turkish Penal Code, including forgery of private documents (Article 207) and fraud (Articles 157 et seq.). Especially in cases where documents are seemingly notarized but 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 in Turkey. Similarly, Turkish law governs lease relationships concerning real estate owned or rented by foreign-capital companies operating branches in Turkey. In these cases, the relevant provisions of the Turkish Code of Obligations apply to tenant eviction in Turkey, and no special exceptions are provided.

To avoid any loss of rights in these matters, it would be beneficial for foreign nationals to seek support from an English-speaking lawyer in Turkey.

WHAT IS THE EASIEST WAY TO EVICT A TENANT IN TURKEY?

The Turkish legal system includes regulations that fundamentally protect the tenant’s right to housing and secure tenant rights in lease relationships. Primarily under the Turkish Code of Obligations and related legislation, eviction of a tenant in Turkey is only permitted for specific and limited reasons, thereby preventing landlords from arbitrarily terminating lease agreements. In this respect, the eviction process in Turkey is a legally and procedurally complex procedure that must be carefully managed, especially by the landlord.

Eviction in Turkey is only possible when the eviction grounds explicitly stipulated by law are met and confirmed by a court decision. Therefore, the landlord must act in compliance with relevant regulations, fulfill the burden of proof required during litigation, and properly manage the procedural steps. Otherwise, the eviction case in Turkey may be dismissed or result in significant loss of rights.

• 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:

1. Non-Payment of Rent (Turkish Code of Obligations Articles 315 – 352): 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.
2. Landlord’s Need for Residence or Workplace (TCO Article 350/1): If the landlord, their spouse, ascendants, descendants, or those legally dependent on them require the property as a residence or workplace, and this need is genuine and necessary, the landlord has the right to file for eviction in Turkey.
3. Eviction Due to Reconstruction or Zoning (TCO Article 350/2): If the property requires substantial repair, enlargement, alteration, or rebuilding and becomes unusable during such works, the landlord can seek eviction.
4. Eviction Commitment (TCO Article 352/1): If the tenant has given a written and notarized commitment to vacate the property by a certain date but fails to do so, the landlord may file an eviction lawsuit within one month.
5. Termination After 10 Years of Renewal (TCO Article 347): In fixed-term leases, upon completion of 10 renewal years, the landlord may terminate the lease by giving three months’ prior notice at the end of each renewal year.

• The Importance of Legal Counsel in the Eviction Process in Turkey

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

Therefore, obtaining legal support from an experienced eviction lawyer is crucial to correctly managing the eviction process in Turkey. The 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.