Evicting a tenant in Türkiye: the legal grounds and deadlines

The question landlords ask most often is: "The lease has expired - how do I get the tenant out?" The Turkish Code of Obligations strongly protects tenants of homes and roofed commercial premises: the end of the lease term is not, on its own, a ground for eviction. A landlord can seek eviction only on one of the grounds listed by law and usually within very short deadlines. This article explains the grounds, the deadlines and the procedure, from the point of view of both landlords and tenants.

The basic rule: expiry of the term is not enough

Under Article 347 of the Code of Obligations, unless the tenant gives notice at least fifteen days before the end of the term, a lease of a home or roofed commercial premises is deemed renewed for one year on the same terms. The landlord cannot terminate the lease simply because the term has ended.

The only exception is the ten-year extension period. Once the ten years of extensions that follow the original term have passed, the landlord may terminate the lease without giving any reason, by notice served at least three months before the end of each subsequent extension year.

The ten-year rule for a one-year lease

1. Year 1

   The original term. If the tenant stays, the lease renews for a year.

2. Years 2-11

   The ten-year extension period. The landlord can seek eviction only on specific statutory grounds.

3. End of year 11

   The ten-year extension period ends.

4. From year 12

   The landlord may end the lease without giving reasons by notice at least three months before the end of each extension year.

Grounds for eviction and deadlines

Eviction for the landlord's own need

A landlord may end the lease where the premises are needed as a home or business premises for the landlord, their spouse, descendants, ascendants or others they are legally obliged to support. Under the settled case law of the Court of Cassation, the need must be real, genuine and compelling. A possible future situation ("if my son gets married") or simply wanting higher rent does not count.

The landlord bears the burden of proof. Where the person in need currently lives and in what conditions, where they work and their family situation are established through witnesses, documents and, if necessary, a site inspection.

The written eviction undertaking

An eviction undertaking is a document in which the tenant undertakes in writing to vacate the premises on a specific date. If the tenant does not leave on that date, the landlord may seek eviction by starting enforcement proceedings or filing a lawsuit within one month of that date.

The key statutory condition is that the undertaking must have been given after the premises were handed over to the tenant. Undertakings signed together with the lease, before the tenant moves in, are frequently disputed and may be held invalid on the ground that the tenant was not acting freely. Allegations that the date was left blank and filled in later are also examined.

Two justified notices

If, within one lease year, the tenant fails to pay the rent for two separate periods on time and the landlord serves a written notice for each, the landlord may file for eviction within one month of the end of that lease year. A notice is "justified" only if the rent was in fact unpaid on the date of the notice; serving notices through a notary makes proof easier.

Non-payment of rent

If rent is not paid, the landlord may give the tenant written notice of at least thirty days to pay, warning that the lease will be terminated otherwise. In practice the most common route is a payment order with a request for eviction under Article 269 of the Enforcement and Bankruptcy Law. If the tenant neither pays within thirty days nor objects, the landlord may ask the enforcement court for an eviction order.

Mediation first: when is it mandatory?

Since 1 September 2023, applying to a mediator is a precondition for lawsuits arising from tenancy relationships. Eviction lawsuits based on own need, reconstruction or two justified notices, and rent determination lawsuits, are covered. Summary eviction through enforcement proceedings based on a written undertaking or non-payment is excluded. Time limits stop running from the mediation application until the final report is issued, but the application itself must be made within the one-month period.

Eviction for own need: the procedure

1. Establish the lease and deadlinesConfirm the start date, the term and the extension periods, and calculate the last day for action.
2. Document the needPrepare evidence of the current home, work and family situation of the person in need, and why the need is compelling.
3. Apply to mediation within one monthApply to the mediation office within one month of the end of the term.
4. Mediation meetingsThe parties may agree a move-out date and terms; the agreement is enforceable.
5. LawsuitIf there is no agreement, the eviction lawsuit is filed with the civil court of peace together with the final mediation report.
6. Proceedings and judgmentThe need is proved by witnesses, documents and, if necessary, a site inspection; the eviction order is enforced through the enforcement office.

For tenants: know your rights

• If there is no statutory ground, you do not have to leave just because the term has ended.
• If the property is sold, the lease continues with the new owner on the same terms; the new owner can seek eviction only for their own need, under the statutory conditions and deadlines.
• Rent increases cannot exceed the change in the twelve-month average of the consumer price index for the previous lease year. At the end of each five-year period, the judge may reset the rent by reference to comparable rents and fairness.
• A security deposit cannot exceed three months' rent and, if paid in cash, must be placed in a time deposit account in the tenant's name.
• If you were evicted on a claimed need that was not genuine, you may claim compensation under the three-year re-letting ban.

Frequently asked questions

Does the tenant have to leave if the landlord sells the property?

No. The lease continues with the new owner. The new owner can seek eviction only if they or their close relatives need the property, by giving written notice within one month of acquisition and suing after six months, or by suing within one month of the end of the term.

Can I be evicted if I refuse a rent increase?

No. Refusing an increase above the legal limit is not in itself a ground for eviction. If the parties cannot agree, the rent is determined through a rent determination lawsuit after mediation.

Is an eviction undertaking signed on the same day as the lease valid?

The law requires the undertaking to be given after the premises are handed over. Undertakings signed on the same day, before the tenant moves in, are frequently held invalid in practice, although each case is assessed on its facts.

How does eviction work under an oral lease?

An oral lease is valid and is usually treated as indefinite. For indefinite leases, the landlord may terminate without reasons by notice under the general rules once ten years have passed since the tenant started using the premises; the other eviction grounds may also apply.

How long does an eviction case take?

Mediation usually takes a few weeks. The duration of a lawsuit depends on the court's workload, the need for witnesses and site inspections, and appeals. Summary eviction through enforcement proceedings is faster where its conditions are met.

Legislation and sources

• Code of Obligations No. 6098: Arts. 315-316, 347, 350-352
• Enforcement and Bankruptcy Law No. 2004: Art. 269 et seq. and Art. 272 (rent and eviction proceedings)
• Mediation in Civil Disputes Law No. 6325: Art. 18/B (mandatory mediation in lease disputes)

The current texts of Turkish laws and regulations are available on the official Legislation Information System, and decisions and amendments in the Official Gazette.

For leases, rent determination or eviction, please contact us. For other property disputes, see our Real Estate Law page.