Eviction Due to Two Justified Notices Under Turkish Rental Law

Eviction due to two justified notices is an important legal remedy available to landlords where a tenant repeatedly fails to pay rent on time. Under Turkish rental law, a tenant may avoid immediate eviction by paying an overdue rental debt after receiving a formal notice. However, Turkish law does not require a landlord to tolerate a tenant who repeatedly makes payment only after receiving written demands or enforcement notices.

Article 352/2 of the Turkish Code of Obligations No. 6098 permits a landlord to terminate a residential or roofed workplace lease through a lawsuit where the tenant has caused two justified written notices because of non-payment of rent within the legally relevant rental period. The landlord must then file the eviction lawsuit within one month following the end of that rental period.

This legal ground does not provide an immediate eviction right after the second notice. Unlike eviction proceedings based on a single continuing default, the landlord must normally wait until the relevant rental year or contractual period has ended. The right to file the lawsuit arises after the period in which the two justified notices occurred has been completed.

The procedure is highly technical. Both notices must be legally justified, must relate to due and unpaid rental debts and must fall within the same legally relevant rental period. The landlord must also complete mandatory mediation before filing the lawsuit and must not miss the one-month filing period.

A notice issued before the rent becomes due, a notice relating to an amount already paid or a second notice artificially created by dividing one existing debt into separate enforcement proceedings may not be accepted as justified. The Court of Cassation has specifically ruled that a rental debt that could have been claimed in the first proceeding cannot be divided and relied upon as the basis of a second justified notice.

This comprehensive guide explains the requirements, procedure, evidence and legal consequences of eviction due to two justified notices under Turkish rental law.

Legal Basis of Eviction Due to Two Justified Notices

The principal legal basis is Article 352/2 of the Turkish Code of Obligations.

Under this provision, where the tenant has caused two justified written notices because of failure to pay rent:

• Within the contractual period for a lease shorter than one year; or
• Within one rental year or a period exceeding one rental year for a lease of one year or longer,

the landlord may terminate the agreement through a lawsuit filed within one month following the end of the relevant contractual period or rental year.

The rule primarily concerns residential and roofed workplace leases. Apartments, houses, offices, shops, restaurants, clinics and other enclosed commercial properties generally fall within this protected lease category.

The two-notice system is intended to address repeated payment irregularities. A tenant may pay the debt after receiving a notice and thereby avoid immediate termination based on that particular default. Nevertheless, if the same behaviour occurs twice during the same rental year, the landlord may acquire a separate right to request eviction at the end of that year.

Purpose of the Two-Notice Eviction Rule

The tenant’s primary contractual obligation is to pay the rent on the agreed date. A landlord should not be forced to issue a notarial notice or initiate enforcement proceedings every month to obtain amounts that should have been paid voluntarily.

The two-justified-notice rule protects landlords against repeated late payment while preserving the tenant’s opportunity to remedy an individual default.

The remedy is therefore different from immediate eviction for unpaid rent. In a standard default procedure, the landlord grants the tenant the statutory payment period and may seek termination if payment is not made within that period.

Under the two-notice procedure, the tenant may have paid each overdue amount after receiving the notices. The legal ground arises because the tenant repeatedly caused formal written demands to become necessary.

The Court of Cassation has consistently stated that payment after service of a justified notice does not eliminate that notice for the purposes of Article 352/2.

Conditions for Eviction Due to Two Justified Notices

A landlord seeking eviction must establish several cumulative conditions:

1. A valid rental relationship must exist.
2. The rent must have become due.
3. The tenant must have failed to pay on time.
4. The landlord must have issued two separate written notices.
5. Both notices must be legally justified.
6. The notices must concern separate rental payment defaults.
7. Both notices must fall within the same relevant rental period.
8. The landlord must complete mandatory mediation.
9. The lawsuit must be filed within one month following the end of the relevant period.

Failure to satisfy any one of these requirements may result in dismissal.

The existence of two documents described as notices is not sufficient. The court examines the due dates, amounts claimed, payment dates, service dates and relationship between the two demands.

What Is a Justified Notice?

A notice is justified where the tenant failed to pay a rental debt that was due and payable when the landlord initiated the written demand.

The landlord must therefore establish that:

• The rental amount was legally owed;
• The payment date had passed;
• The tenant had not paid before the relevant notice or enforcement proceeding;
• The claimed amount was calculated correctly; and
• The demand was made against the person legally responsible for payment.

If the tenant had already paid the rent before the notice was served or before the relevant enforcement proceeding was initiated, the notice may not be justified.

A notice may also be unjustified where the landlord demands:

• Rent that has not yet become due;
• An unlawful rent increase;
• An amount exceeding the agreed rent;
• A debt belonging to another rental period;
• A debt owed by another person;
• A payment that was already set off or discharged; or
• A disputed ancillary expense that does not legally qualify as rent.

The court does not treat every landlord demand as justified merely because it was sent through a notary public or enforcement office.

Must the Notices Be in Writing?

Yes. Article 352/2 expressly requires two written notices.

An oral warning, telephone call or face-to-face demand does not satisfy the statutory requirement.

The written requirement may be fulfilled through:

• A notarial notice;
• A written payment demand properly served on the tenant;
• An enforcement payment order;
• A legally valid written electronic notification; or
• Another written instrument whose content and service can be proved.

Notarial notices are commonly used because they establish the content and date of service. However, notarisation is not necessarily the only permissible method.

An enforcement payment order issued for unpaid rent may also constitute a justified written notice if the debt was due and unpaid when the proceeding was initiated and the other statutory requirements are satisfied. The Court of Cassation decisions concerning two justified notices frequently examine enforcement proceedings as the relevant written demands.

Must the Notice Be Served on the Tenant?

The notice must reach the tenant through a legally provable method.

The purpose of the written notice is not merely to create a document in the landlord’s records. The tenant must be informed that payment is overdue and demanded.

The landlord should preserve:

• The notarial service certificate;
• The enforcement payment-order service record;
• Electronic notification evidence;
• Returned postal documents;
• Address records; and
• Any document showing the actual date of service.

Service date is particularly important because payment before and after service may have different legal consequences.

If there are several contractual tenants, the notice and lawsuit strategy should be assessed separately for each tenant. A demand served only on one tenant may create disputes where the lease identifies more than one tenant and the obligation or possession is jointly held.

Does Payment After the Notice Prevent It from Being Justified?

No, not automatically.

Where the rent was due and unpaid and the tenant made payment only after receiving the written notice, established Court of Cassation practice treats the notice as justified. Later payment may prevent termination through the particular ongoing default procedure, but it does not erase the fact that the landlord had to issue a justified demand.

For example, assume that rent is due on the first day of each month.

If the tenant fails to pay the March rent, receives a notarial notice on 10 March and pays on 12 March, the payment may prevent the debt from continuing. Nevertheless, the March notice may still count as the first justified notice.

If the tenant again fails to pay the July rent and makes payment only after receiving a second justified notice, the conditions for two-notice eviction may arise at the end of the relevant rental year.

The landlord should document the exact chronology:

• Contractual due date;
• Date the notice was issued;
• Date the notice was served;
• Date of actual payment; and
• Amount paid.

What If Payment Is Made Before Service of the Notice?

A payment made before service may prevent the notice from being justified, depending on when the demand was issued, whether the tenant was already in default and the particular procedural method used.

For a notarial notice, the court may examine whether the tenant paid before the notice was served and whether a valid default demand remained necessary.

For an enforcement proceeding, the date on which the proceeding was initiated and the date of payment may both become relevant.

If the tenant can prove that the complete rental debt was paid before the landlord’s demand became legally effective, the landlord may have difficulty relying on the document as a justified notice.

The payment description is therefore important. Bank transfers should identify the relevant rental month. A vague transfer may result in disagreement about which debt was discharged.

Must the Two Notices Relate to Different Rental Months?

The two notices must arise from separate payment defaults.

A landlord cannot generally divide one overdue debt into two written demands solely to create the appearance of two justified notices.

The Court of Cassation’s 3rd Civil Chamber examined a case in which the landlord initiated one enforcement proceeding for several rental debts and then commenced a second proceeding for an amount that had already become due and could have been claimed in the first proceeding. The Court held that the debt could not be divided artificially and that the second notice was not justified.

Accordingly, if several rental instalments are already due when the landlord sends the first notice, those instalments should ordinarily be included in the same demand.

A second justified notice should normally concern another rent instalment becoming due after the first demand or a genuinely separate payment default.

This requirement prevents abuse of Article 352/2.

Can One Notice Cover Several Months?

Yes. A single notice may request payment of several unpaid rental months.

However, the number of unpaid months listed in one document does not convert that document into multiple notices.

For example, a notarial notice demanding January, February and March rent generally counts as one written notice, not three.

To rely on Article 352/2, the landlord still needs a second separate and justified written notice relating to another legally distinct payment default.

The focus is on the number of justified written demands, not simply the number of unpaid instalments.

Calculation of the Rental Year

One of the most important issues is determining the relevant rental year.

The rental year is generally calculated according to the commencement date of the rental agreement, not the calendar year.

For example, if the rental agreement began on 1 October, the rental year will ordinarily run from 1 October to 30 September.

It will not automatically run from 1 January to 31 December.

Assume that a one-year agreement commenced on 1 October 2025. If the tenant causes one justified notice in December 2025 and another in July 2026, both notices fall within the same rental year running from 1 October 2025 to 30 September 2026.

The landlord may therefore seek eviction after the rental year ends, subject to mandatory mediation and the one-month filing period.

However, if the first notice concerns July 2026 and the second concerns November 2026, the notices fall into different rental years and cannot ordinarily be combined for an Article 352/2 claim.

Leases Shorter Than One Year

For a lease shorter than one year, the two justified notices must occur within the contractual rental period.

For example, if a six-month residential or roofed workplace lease runs from 1 January to 30 June, two separate justified notices caused within that six-month period may support an eviction lawsuit after the contractual term ends.

The landlord must file the lawsuit within one month following the end of that contractual period.

The shorter duration does not eliminate the requirement that the notices relate to separate, due and unpaid debts.

Leases of One Year or Longer

For leases of one year or longer, both justified notices must fall within one rental year or, depending on the contractual structure, the legally relevant period exceeding one year described in Article 352/2.

In the ordinary one-year residential lease, the rule is applied by examining each annual rental period separately.

The Court of Cassation has repeatedly required the lawsuit to be filed within one month following the end of the rental year in which the notices occurred.

Two notices from separate rental years cannot normally be combined.

The landlord must therefore maintain an accurate calendar based on the contractual commencement date.

Long-Term Fixed Leases

A rental agreement may have an initial fixed duration longer than one year, such as three or five years.

Article 352/2 expressly refers to a rental year or a period exceeding one rental year for leases of one year or longer.

The application of this wording requires careful examination of the contractual payment structure and the period in which the notices occurred.

The safest approach is to identify each rental year by reference to the agreement’s commencement date and ensure that the two notices relied upon fall within the same legally relevant annual period.

Where the contractual wording creates uncertainty, the landlord should not assume that any two notices issued during a multi-year agreement will automatically be sufficient.

Indefinite-Term Rental Agreements

Established Court of Cassation decisions have stated that two justified notices do not arise in indefinite-term rental agreements. The reasoning reflects the wording and historical application of the rule concerning a specified rental period or rental year.

Legal literature contains discussions regarding whether the rule should also be applied to indefinite-term leases by identifying annual periods from the commencement date. Nevertheless, landlords should be cautious and should not rely on an indefinite-term agreement without examining the latest applicable case law.

Where the agreement is described as indefinite but has a clear commencement date and monthly payment arrangement, the legal classification and judicial approach should be reviewed individually.

Annual Rent Payments

Court of Cassation practice also states that the two-justified-notice ground does not arise where rent is payable annually as a single instalment.

The reason is practical: if there is only one annual payment obligation, the tenant cannot normally cause two separate justified monthly payment notices within the same rental year.

If an annual rent debt remains unpaid, the landlord may consider other default and enforcement remedies. However, the two-notice mechanism may not be suitable.

The payment schedule in the written agreement must therefore be reviewed before the landlord selects the legal ground.

Differences Between Two-Notice Eviction and Immediate Default Eviction

The two legal remedies should not be confused.

Immediate Default Eviction

Where the tenant fails to pay rent, the landlord may issue a written default notice granting the statutory payment period. In residential and roofed workplace leases, that period is generally at least 30 days.

If the tenant does not pay within the granted period, the landlord may terminate the agreement and request eviction.

The landlord may also initiate enforcement proceedings for unpaid rent and eviction.

Eviction Due to Two Justified Notices

Under Article 352/2, the tenant may have paid each debt after receiving the relevant notice.

The landlord does not necessarily obtain immediate eviction after the payment. Instead, the notices are recorded, and the landlord files the lawsuit after the relevant rental period ends.

The legal complaint is repeated late payment, not the continued existence of one unpaid debt.

A landlord may have the option to use more than one remedy, but the procedural requirements and timing of each must be considered separately.

Can Enforcement Payment Orders Count as Notices?

Yes. An official payment order issued through an enforcement proceeding may constitute a justified written notice where:

• The rent was due;
• The debt was unpaid when the proceeding was commenced;
• The amount claimed was correct;
• The proceeding was properly served on the tenant; and
• The tenant paid after the demand or otherwise caused the proceeding to become necessary.

The Court of Cassation decisions applying Article 352/2 frequently rely on separate enforcement files as the two written notices.

However, opening two enforcement files does not guarantee that two justified notices exist.

The court examines whether the second debt could have been included in the first proceeding and whether the landlord artificially divided the claim.

Can a Rent-Difference Claim Form a Justified Notice?

Disputes frequently arise where the tenant pays the previous rent but the landlord demands a higher amount based on an annual increase clause.

A notice concerning a rent difference may be justified only if the increased rent was legally due and calculable.

The landlord must establish:

• A valid increase clause or binding rent determination;
• The correct renewal date;
• The lawful increase rate;
• The resulting rent amount; and
• The unpaid difference.

If the landlord demands an amount above the statutory rent-increase ceiling, the notice may be unjustified to the extent of the unlawful demand.

Where the entire notice is based on a disputed and unproven rent amount, relying on it for eviction may be risky.

A landlord should calculate rent increases carefully before issuing notices or enforcement demands.

Can Ancillary Expenses Support Two Justified Notices?

Article 352/2 specifically refers to failure to pay rent.

Claims for electricity, water, common expenses, heating or property damage do not automatically qualify as rental instalments for this particular eviction ground.

Some payments may form part of the agreed rental obligation, while others remain separate ancillary debts.

The legal nature of the claimed amount should be examined. A landlord should avoid combining unrelated expenses with rent in a manner that makes the notice uncertain.

Where a notice demands both rent and disputed ancillary expenses, the court may have to determine whether the valid rental component is sufficiently clear to preserve the notice’s justification.

Does the Landlord Need to Reserve Rights When Accepting Payment?

A landlord accepting late payment should preserve evidence that the payment was made after a justified notice and that the landlord does not waive the right to rely on the notice.

A written reservation may state that payment is accepted without prejudice to rights arising from late payment and Article 352/2.

The absence of an express reservation does not always eliminate the notice, particularly because Court of Cassation practice recognises that post-notice payment does not automatically prevent it from counting. Nevertheless, a clear reservation reduces future disputes.

Bank transfer dates, receipts and correspondence should be preserved.

When Must the Eviction Lawsuit Be Filed?

The lawsuit must be filed within one month following the end of the relevant rental period.

For a lease shorter than one year, this means one month following the end of the contractual term.

For a lease of one year or longer, it generally means one month following the end of the rental year in which the two justified notices occurred.

The one-month period is treated strictly.

In the Court of Cassation’s 6th Civil Chamber decision numbered E. 2016/51, K. 2016/5316, the rental year ended on 30 September 2014, but the lawsuit was filed on 3 December 2014. The Court held that the one-month period had expired and that the eviction claim had to be dismissed.

The existence of two otherwise valid notices does not excuse a late lawsuit.

Example of the Filing Period

Assume that the rental agreement commenced on 1 April 2025 for one year and renewed automatically.

The relevant rental year runs from 1 April 2026 to 31 March 2027.

The tenant causes:

• The first justified notice for June 2026 rent; and
• The second justified notice for December 2026 rent.

Both notices fall within the same rental year.

The rental year ends on 31 March 2027. The landlord must complete the legally required procedural steps and file the eviction lawsuit within the one-month period beginning after that date.

Because mandatory mediation applies, the mediation application should be submitted promptly and the effect of mediation on the forfeiture period must be calculated carefully.

Mandatory Mediation

Since 1 September 2023, disputes arising from rental relationships are generally subject to mandatory mediation before litigation. The principal statutory exception concerns eviction through the special non-judicial enforcement procedure under the Enforcement and Bankruptcy Law. A court action based on two justified notices therefore requires mediation before the lawsuit is filed.

The landlord must apply to the mediation bureau and identify:

• The rental property;
• The rental agreement;
• The relevant rental year;
• The two written notices;
• The unpaid rental periods;
• The requested eviction; and
• Any related monetary claims.

If the parties do not reach an agreement, the mediator issues a final report. The landlord may then file the eviction lawsuit.

A lawsuit filed without completing mandatory mediation may be dismissed because the statutory procedural prerequisite has not been satisfied.

Because the filing period is only one month, the mediation application should not be delayed.

Effect of Mediation on the Filing Period

The Mediation Law regulates the effect of a mandatory mediation application on limitation and forfeiture periods.

The period between the mediation application and the issuance of the final report is generally not counted for these purposes.

This protection is important in two-notice eviction cases because the landlord’s right is subject to a one-month filing period.

Nevertheless, the landlord should not rely on an informal calculation. The following dates should be documented precisely:

• End of the rental year;
• Date of the mediation application;
• Date the mediator was appointed;
• Date of the final report; and
• Date the lawsuit was filed.

A procedural miscalculation may lead to dismissal even where two justified notices exist.

Settlement During Mediation

The parties may agree on:

• A specific evacuation date;
• Payment of outstanding rent;
• Instalment arrangements;
• Continued rent until handover;
• Return or deduction of the security deposit;
• Utility and building expenses;
• Condition of the property;
• Key-delivery arrangements; and
• Waiver or reservation of claims.

An evacuation settlement should contain an exact calendar date and a clear handover mechanism.

The parties should avoid vague wording such as “the tenant will leave when suitable.”

A professionally drafted agreement may provide a faster and more predictable result than a contested eviction lawsuit.

Which Court Has Jurisdiction?

The Civil Court of Peace, known as the Sulh Hukuk Mahkemesi, has subject-matter jurisdiction over rental disputes, including eviction based on two justified notices.

Article 4 of the Code of Civil Procedure assigns rental disputes to the Civil Courts of Peace regardless of the monetary value of the claim.

Territorial jurisdiction must be assessed separately.

The competent court will generally be determined according to:

• The tenant’s residence;
• The place where the rental agreement is performed; and
• Any legally valid jurisdiction arrangement.

The statement of claim should clearly identify the legal ground as Article 352/2 and should not confuse the case with immediate default eviction.

Who May File the Lawsuit?

The lawsuit is generally filed by the landlord who is a party to the rental agreement.

If the rented property is sold, the new owner ordinarily becomes a party to the existing lease under the Turkish Code of Obligations. The new owner may rely on justified notices occurring after acquisition and, depending on the circumstances, may also be affected by notices issued by the previous landlord.

The timing of ownership transfer, assignment of rental receivables and party status should be examined carefully.

Where the property is jointly owned, the participation of the other owners may be required according to the ownership structure and nature of the lease.

The title deed, rental agreement and ownership history should therefore be reviewed before mediation.

Against Whom Must the Lawsuit Be Filed?

The defendant must generally be the contractual tenant.

Where several persons are identified as tenants, the lawsuit may need to be directed against all persons holding the rental right.

A person merely occupying the property but not appearing as a tenant may not be the correct sole defendant.

Where the tenant is a company, the claim must be directed against the legal entity rather than only against a shareholder, manager or employee.

Errors concerning party status can result in delay or dismissal.

Evidence Required in the Lawsuit

The landlord should submit:

• The written rental agreement;
• All renewal protocols;
• Bank account records;
• Notarial notices;
• Enforcement files;
• Payment orders;
• Service certificates;
• Receipts;
• A payment ledger;
• The mandatory mediation final report;
• Title deed records; and
• Correspondence concerning the late payments.

The landlord should prepare a chronological table for each notice showing:

• The relevant rental month;
• Contractual due date;
• Amount due;
• Date of notice or enforcement;
• Date of service;
• Date of payment; and
• Amount paid.

The tenant may submit bank transfers, receipts, rent-deposit evidence, rent-increase objections and documents showing that the debt was paid before the notice.

Common Tenant Defences

A tenant may argue that:

• One or both rents were paid on time;
• Payment occurred before the notice;
• The landlord demanded an unlawful rent increase;
• The two notices concern the same debt;
• One debt was artificially divided;
• The notices occurred in different rental years;
• One notice was not properly served;
• The amount claimed was incorrect;
• The agreement requires annual rather than monthly payment;
• The lawsuit was filed late;
• Mandatory mediation was not completed;
• The claimant is not the proper landlord; or
• Not all contractual tenants were included.

A defence should identify the relevant payment and service dates precisely.

General statements that “all rent was paid” may be insufficient without bank records or receipts.

Common Mistakes Made by Landlords

A frequent mistake is confusing the calendar year with the rental year.

Another is sending the first notice for several existing debts and then initiating a second proceeding for another debt that had already become due and could have been included in the first notice. The Court of Cassation has held that such artificial division does not create a justified second notice.

Other common errors include:

• Issuing notice before the rent is due;
• Demanding an unlawful increase;
• Failing to prove service;
• Relying on notices from different rental years;
• Treating one notice covering several months as several notices;
• Filing immediately after the second notice rather than waiting for the period to end;
• Missing the one-month filing deadline;
• Failing to complete mandatory mediation; and
• Filing before the wrong court.

Landlords should not assume that two enforcement files automatically establish the case.

Common Mistakes Made by Tenants

Tenants sometimes believe that paying after every notice prevents those notices from being used for eviction.

Although payment may avoid immediate default-based eviction, payment after service does not necessarily stop the notice from counting under Article 352/2.

Another common mistake is paying rent without identifying the relevant month.

Cash payments made without receipts also create serious evidentiary risks.

Tenants should not ignore notarial notices or enforcement payment orders. Even if the debt is paid, the documents may later be used in a two-notice eviction lawsuit.

The tenant should preserve every bank record and should respond in writing where the demanded amount is unlawful or incorrect.

Practical Strategy for Landlords

The landlord should review the rental agreement and prepare a rent calendar.

Each month’s due date and payment should be recorded.

If the tenant pays late, the landlord should determine whether a formal notice is commercially and legally appropriate. The claimed amount must be accurate and should include all rent already due.

After the second justified notice, the landlord should calculate the end of the rental year and begin preparing for mediation.

The mediation application should be filed immediately after the right to sue arises. The lawsuit should then be filed before the Civil Court of Peace within the remaining period.

The landlord should not change the locks, disconnect utilities or attempt to remove the tenant personally.

Practical Strategy for Tenants

The tenant should pay rent through a bank and use a clear transfer description.

If the landlord issues a notice, the tenant should check:

• Whether the rent was actually due;
• Whether payment had already been made;
• Whether the increase calculation is lawful;
• Whether the notice concerns the correct rental month;
• Whether the notice is the first or second within the rental year; and
• Whether the amount includes unrelated debts.

The tenant should retain the notice and payment evidence even after the debt is paid.

If a mediation invitation or lawsuit is received, the tenant should review both notices together rather than examining them separately.

Frequently Asked Questions

What are two justified notices under Turkish rental law?

They are two separate written payment demands caused by the tenant’s failure to pay due rent within the same legally relevant rental period.

Can the tenant be evicted immediately after the second notice?

No. The landlord normally files the eviction lawsuit after the relevant rental year or contractual period ends.

Does payment after the notice cancel it?

No. Payment after service does not ordinarily prevent the notice from counting as justified.

Can one notice covering three unpaid months count as three notices?

No. It generally counts as one written notice.

Can the landlord divide one debt into two proceedings?

No. A debt that could have been claimed in the first proceeding cannot ordinarily be divided artificially to create a second justified notice.

Must both notices occur in the same calendar year?

No. They must occur within the same rental year, which is calculated according to the lease commencement date.

Can notices from different rental years be combined?

No, not ordinarily.

Is a notarial notice mandatory?

No. Other written and provable demands, including enforcement payment orders, may qualify. Notarial service provides stronger evidence.

Is mandatory mediation required?

Yes. Mediation must generally be completed before filing a two-justified-notices eviction lawsuit.

Which court hears the case?

The Civil Court of Peace has subject-matter jurisdiction.

How long does the landlord have to file?

The lawsuit must be filed within one month following the end of the relevant rental period, taking the mediation process into account.

Can an unlawful rent-increase demand constitute a justified notice?

It may not. The landlord must prove that the amount demanded was legally due.

Conclusion

Eviction due to two justified notices under Turkish rental law provides landlords with an effective remedy against tenants who repeatedly fail to pay rent on time.

The remedy does not require the rental debt to remain unpaid at the time of the lawsuit. A tenant may have paid both debts after receiving the notices. The legal basis arises from the repeated need for formal written payment demands.

Nevertheless, the conditions are strict.

Both notices must be written, legally justified and based on separate rental payment defaults. They must fall within the same relevant rental period. A landlord cannot divide one existing debt into separate proceedings merely to create two notices.

The rental year must be calculated according to the commencement date of the agreement, not automatically according to the calendar year.

The landlord must wait until the relevant rental period ends, complete mandatory mediation and file the lawsuit within the statutory one-month period.

The Civil Court of Peace examines the rental agreement, payment dates, notice content, service records and whether the debts were actually due when the demands were made.

For landlords, accurate payment records and properly drafted notices are essential. For tenants, traceable and timely bank payments provide the strongest protection.

Because an incorrect notice, missed deadline or mistaken rental-year calculation can determine the entire outcome, both landlords and tenants should obtain individual legal advice before commencing mediation or litigation.

Legal Disclaimer: This article provides general information concerning eviction due to two justified notices under Turkish rental law and does not constitute legal advice. Each dispute must be assessed according to the rental agreement, payment schedule, notice and service dates, bank records, mediation process and specific circumstances of the parties.