The eviction of tenants in Turkey is governed by strict substantive and procedural rules. Although the owner of a property has the right to use, rent and protect that property, ownership alone does not allow a landlord to remove a tenant whenever desired.
Residential and roofed workplace tenants benefit from significant protection under the Turkish Code of Obligations No. 6098. A landlord may recover possession only by relying on a legally recognised termination or eviction ground and following the applicable notice, mediation, enforcement and court procedures.
The expiry of a one-year rental agreement does not ordinarily give the landlord an automatic right to evict a residential or commercial tenant. Similarly, the sale of the rented property, a disagreement over the rent amount or the landlord’s desire to rent the property to someone else for a higher price is not, by itself, sufficient to obtain eviction.
The most common legal grounds for tenant eviction in Turkey include non-payment of rent, breach of the tenant’s duty of care, a valid written eviction undertaking, two justified payment notices, the landlord’s genuine housing or workplace need, the need of a new owner, substantial reconstruction, the tenant’s ownership of another suitable residence and the completion of the ten-year extension period.
Each eviction ground has different conditions and filing deadlines. A notice that is sufficient for one ground may not satisfy another. Missing a one-month filing period, sending notice to the wrong person or commencing proceedings before completing mandatory mediation may result in procedural dismissal even where the landlord appears substantively justified.
This guide explains the legal grounds and court procedures for the eviction of tenants in Turkey as of July 2026.
Legal Framework for Tenant Eviction in Turkey
The principal statutory rules concerning tenant eviction are found in the Turkish Code of Obligations, the Enforcement and Bankruptcy Law No. 2004, the Code of Civil Procedure No. 6100 and the Mediation Law No. 6325.
The Turkish Code of Obligations distinguishes between general leases and residential or roofed workplace leases. Apartments, houses, offices, shops, clinics, restaurants and other enclosed commercial premises are generally subject to the special rules applicable to residential and roofed workplace leases.
These special provisions restrict the landlord’s ability to terminate the rental relationship. Contractual clauses allowing the landlord to terminate the agreement freely or evict the tenant without a statutory ground may be invalid.
A landlord must therefore first identify the exact legal ground for eviction. The landlord must then determine whether written notice is required, whether a cure period must be granted, whether mandatory mediation applies, which court or enforcement office has jurisdiction and when the proceedings must be commenced.
Does a Fixed-Term Lease Automatically End?
One of the most common misunderstandings in Turkish rental law concerns the expiry of fixed-term agreements.
A rental agreement may state that it will remain valid for one year. However, the landlord cannot normally terminate a residential or roofed workplace lease solely because that initial one-year period has expired.
Unless the tenant gives notice at least 15 days before the end of the fixed term, the agreement is extended for one year under the same contractual conditions, subject to the lawful rent increase. The landlord cannot rely only on the expiry of the original term to end the agreement.
A contractual clause stating that the tenant must automatically leave at the end of the first year does not necessarily eliminate this statutory protection.
The landlord must instead establish one of the specific eviction grounds recognised under Turkish law, such as genuine personal need, non-payment, a valid eviction undertaking or completion of the ten-year extension period.
Eviction Due to Non-Payment of Rent
Non-payment of rent is one of the most frequently used grounds for tenant eviction in Turkey.
The tenant’s principal contractual obligation is to pay the agreed rent and applicable ancillary expenses on time. If the tenant fails to pay an amount that has become due, the landlord may initiate the default procedure regulated by Article 315 of the Turkish Code of Obligations.
The landlord must send the tenant a written notice identifying the unpaid rent or ancillary expenses. The notice must grant the tenant a period in which to make payment and must state that the agreement will be terminated if the debt is not paid within that period.
For residential and roofed workplace leases, the tenant must be granted at least 30 days. The period begins on the day following service of the written notice.
The notice should clearly state:
- The identity of the landlord and tenant;
- The address of the rented property;
- The rental months that remain unpaid;
- The amount claimed;
- The bank account or payment method;
- The payment period; and
- The warning that the lease will be terminated if payment is not made.
An excessive, uncertain or incorrect demand may prevent the notice from creating the intended legal consequences. For example, a demand including rent that has not yet become due or an unlawful increase may be challenged.
If the tenant pays the entire outstanding amount within the valid 30-day period, the landlord may not ordinarily terminate the lease under that particular default notice. However, the notice may still become relevant for eviction based on two justified notices.
Eviction Through Enforcement Proceedings for Unpaid Rent
The landlord may also initiate non-judicial enforcement proceedings seeking both payment of the rent and eviction of the tenant.
This procedure is regulated by Articles 269 and following of the Enforcement and Bankruptcy Law. The enforcement office sends the tenant an official payment order containing a warning that eviction may follow if the debt is not paid.
The tenant generally has seven days to object to the payment order. The payment period for residential and roofed workplace leases is generally 30 days. The tenant’s objection may concern the rental relationship, signature, rent amount, payment, due date or another matter affecting the claimed debt.
If the tenant neither objects nor pays within the relevant periods, the landlord may request an eviction order from the enforcement court and continue enforcement for the monetary claim.
If the tenant objects, the proceedings stop to the extent of the objection. The landlord must then use the appropriate procedure to remove or annul the objection. The correct remedy depends on the nature of the rental agreement and the evidence available.
A landlord should not commence enforcement proceedings without carefully verifying the rental amount, renewal date, lawful increase and payment history. An unjustified or incorrectly calculated payment order may cause the case to fail and may expose the landlord to additional costs.
Eviction Due to Two Justified Notices
Payment within the 30-day period may prevent immediate eviction based on a single default. However, repeated delays may create a separate eviction ground.
Under Article 352 of the Turkish Code of Obligations, a landlord may seek eviction where the tenant has caused two justified written notices because of failure to pay rent.
For a lease of one year or longer, both justified notices must normally arise within the same rental year. The landlord must file the eviction lawsuit within one month following the end of that rental year.
For a lease shorter than one year, the notices must arise within the contractual rental period, and the lawsuit must be filed within one month after that period ends.
A notice is justified when the rent was due and unpaid at the time the notice or enforcement proceeding was initiated. A demand may not qualify as justified where the tenant had already paid, the rent was not yet due or the amount demanded was legally incorrect.
The tenant’s subsequent payment does not necessarily eliminate the notice for the purpose of the two-notice rule. The purpose of this ground is to protect the landlord against a tenant who repeatedly pays only after formal legal action becomes necessary.
The landlord should maintain a clear rent ledger showing the due date, actual payment date, notice date and amount relating to each rental month.
Eviction Based on a Written Eviction Undertaking
A written eviction undertaking, known in Turkish as a “tahliye taahhütnamesi,” is one of the most important eviction mechanisms under Turkish rental law.
The tenant may give the landlord a written undertaking promising to vacate the property on a specified date. If the tenant does not leave on that date, the landlord may initiate enforcement proceedings or file an eviction lawsuit.
However, the undertaking must satisfy strict validity requirements.
The undertaking must be given after the rented property has been delivered to the tenant. It must be in writing and must identify a specific eviction date. If the tenant does not leave, the landlord must commence enforcement proceedings or file the lawsuit within one month from the promised eviction date.
An undertaking signed before or simultaneously with the initial delivery of the property may be challenged. The purpose of the post-delivery requirement is to prevent landlords from forcing prospective tenants to waive statutory protections before they have obtained possession.
Disputes frequently arise where the tenant alleges that:
- The document was signed before delivery;
- The document was signed in blank;
- The eviction date was added later;
- The signature is not genuine;
- The tenant signed under pressure; or
- The undertaking relates to another rental agreement.
The original document, rental agreement, delivery records, bank payments, messages and witness evidence may become important in determining validity.
The one-month period following the promised eviction date is a strict deadline. Failure to act within this period may prevent the landlord from relying on that undertaking.
The Enforcement and Bankruptcy Law also provides a non-judicial procedure for obtaining eviction on the basis of a written agreement or undertaking after the relevant rental period or promised date has expired.
Eviction Due to the Landlord’s Housing Need
A landlord may request eviction where the property is genuinely needed as a residence for:
- The landlord;
- The landlord’s spouse;
- The landlord’s descendants;
- The landlord’s ascendants; or
- Another person whom the landlord is legally obliged to support.
The need must be genuine, sincere and compulsory. A landlord cannot lawfully use a fictitious housing need solely to remove an existing tenant and rent the property to someone else at a higher amount.
Courts may examine the landlord’s existing residence, family circumstances, health, employment location, other available properties and the suitability of the rented property.
Examples that may support a genuine need include the landlord currently living in rented accommodation, a child preparing to establish a separate household, relocation for employment, health-related accessibility requirements or the unsuitability of the landlord’s current residence.
However, the existence of another vacant and suitable property owned by the landlord may weaken the claim, depending on the specific circumstances.
For a fixed-term lease, the landlord must generally file the lawsuit within one month following the end of the contractual rental period.
For an indefinite-term lease, the landlord must comply with the statutory termination period and file the lawsuit within one month following the termination date determined under those rules. Article 350 regulates both personal need and substantial reconstruction as statutory termination grounds.
The claimed need must normally exist when the lawsuit is filed and continue during the proceedings.
Eviction Due to the Landlord’s Workplace Need
The landlord may also seek eviction where the property is genuinely required as a workplace for the landlord or one of the relatives protected under Article 350.
The landlord must demonstrate more than a general desire to start a business. The intended activity, personal need for the premises and suitability of the property should be established.
Relevant evidence may include company documents, professional qualifications, business plans, termination of another workplace lease, licence applications and the characteristics of the property.
A speculative intention to open a business at an uncertain future date may not be sufficient. The court will assess whether the workplace need is sincere, real and sufficiently compulsory.
The same statutory filing periods applicable to housing need also apply to workplace need.
Eviction Due to Reconstruction or Major Renovation
A landlord may request eviction where substantial reconstruction, expansion, alteration or major repair is necessary and the tenant’s continued occupation is impossible during the works.
Minor decoration, painting, replacement of furniture or ordinary maintenance will not normally satisfy this ground.
The proposed construction project should be sufficiently substantial to make continued use of the premises impossible. The landlord should support the case with architectural projects, municipal documents, construction permits, structural reports, photographs and expert evidence.
The court may appoint experts to determine whether the planned works are genuine, substantial and incompatible with continued occupation.
As with personal-need cases, the lawsuit must be filed within the statutory period. For a fixed-term agreement, this is generally within one month after the contractual period ends.
Eviction for reconstruction also creates post-eviction obligations concerning the former tenant’s priority right and the restriction on re-letting.
Eviction by a New Property Owner
The sale of rented property does not automatically terminate the rental agreement. The buyer becomes the new landlord and assumes the existing rental relationship.
However, the new owner may seek eviction if the property is genuinely needed as a residence or workplace for the new owner, the new owner’s spouse, descendants, ascendants or persons whom the new owner is legally obliged to support.
To use the special new-owner procedure under Article 351, the buyer must notify the tenant in writing within one month following acquisition of the property.
After providing timely written notice, the new owner may file an eviction lawsuit after six months have passed from the date of acquisition.
The one-month notification period is extremely important. A notice sent after that period may prevent the new owner from relying on the special six-month procedure.
The new owner may alternatively exercise the right to file an eviction lawsuit within one month following the end of the existing contractual period.
The title deed acquisition date, service date of the written notice, rental commencement date and contractual renewal date must all be calculated carefully.
The new owner’s need must also be genuine and compulsory. Purchasing the property for investment purposes and later demanding a higher rent is not equivalent to establishing a legally protected personal need.
Eviction Where the Tenant Owns Another Suitable Residence
Article 352 also provides an eviction ground where the tenant or the tenant’s cohabiting spouse owns another residence suitable for occupation within the same district or municipal boundaries.
The landlord may rely on this ground only if the landlord did not know about the other residence when the rental agreement was concluded.
The landlord must file the lawsuit within one month following the end of the rental period.
The existence of another property alone is not always sufficient. The other residence must be reasonably suitable for the tenant and the tenant’s family.
The court may consider its location, size, physical condition, accessibility, occupation status and whether it is actually available for residential use.
A property that is legally or physically unavailable, occupied by another person under a valid right or unsuitable for the tenant’s family circumstances may not satisfy the statutory requirement.
The landlord bears the burden of establishing the legal conditions, including lack of knowledge at the beginning of the rental relationship.
Eviction Due to Breach of the Duty of Care
The tenant must use the rented property carefully, in accordance with the rental agreement, and must respect neighbours and other persons living in the building.
Where a tenant breaches this duty in a residential or roofed workplace lease, the landlord must ordinarily give the tenant a written warning granting at least 30 days to remedy the violation. The notice must state that the lease will be terminated if the breach continues.
Examples may include:
- Serious and repeated noise;
- Use contrary to the agreed purpose;
- Unauthorised structural alterations;
- Unlawful subletting;
- Activities creating danger to the building;
- Persistent disturbance of neighbours;
- Serious hygiene problems; or
- Damage to the property.
Immediate written termination may be possible where the tenant intentionally causes serious damage, where granting additional time would clearly be useless or where the conduct has become intolerable for the landlord, neighbours or other occupants.
The landlord should document the violation through photographs, videos, building management records, neighbour statements, police records, municipal reports and written correspondence.
General or unsupported allegations are unlikely to be sufficient. The notice should identify the conduct clearly and explain what the tenant must do to remedy it.
Eviction Due to Unauthorised Subletting
A tenant of residential or roofed commercial premises generally requires the landlord’s written consent to sublet the property or transfer the right of use.
Unauthorised subletting may constitute a breach of the rental agreement and the tenant’s statutory duty to use the property in accordance with the contract.
The landlord should first determine whether the third party is genuinely a subtenant, temporary guest, family member, employee or another person whose occupation is permitted by the agreement.
Where there is an actionable breach, the landlord should normally send a written warning under Article 316 and grant the tenant the legally required period to remedy the violation. Immediate termination may be considered only where the statutory exceptional conditions exist.
Evidence may include online rental advertisements, booking records, payments, building entrance records, witness statements and communications with the tenant.
Short-term tourist accommodation may also be subject to separate administrative authorisation requirements. A breach of administrative legislation does not automatically replace the need to follow the contractual eviction procedure.
Eviction After the Ten-Year Extension Period
Turkish rental law allows a landlord to terminate a residential or roofed workplace lease without proving a particular need after the completion of the statutory ten-year extension period.
The calculation does not always mean ten calendar years from the signature date.
The initial fixed contractual period must first be completed. This is followed by ten extension years. At the end of the ten-year extension period, the landlord may terminate the agreement at the end of each subsequent extension year by giving written notice at least three months before that year ends.
For example, where the initial fixed term is one year, the first year is followed by ten statutory extension years. The landlord’s no-cause termination right arises only after those extension years have been completed, subject to timely notice.
Where the original agreement was concluded for several years, the calculation will differ because the original contractual period must be separated from the extension years.
An incorrectly timed notice may be ineffective for the intended rental year. Before serving notice, the landlord should review the original agreement, previous renewal protocols and actual commencement date.
Preserving the Right to File an Eviction Lawsuit
Certain eviction actions must be filed within one month after the end of the relevant rental period.
Article 353 allows the landlord to preserve the right to sue by sending the tenant written notice within the original filing period stating that an eviction lawsuit will be filed.
Where timely notice is given, the landlord’s filing period is extended for one rental year.
This mechanism is especially important where the landlord cannot complete mediation or prepare the lawsuit within the initial one-month period.
However, the notice must be served within the original legal period and should clearly communicate the landlord’s intention to terminate the rental relationship and file an eviction action.
A vague rent-increase demand or ordinary correspondence may not necessarily preserve the eviction filing period.
Re-Letting Prohibition Following Eviction
A landlord who obtains possession based on genuine personal need cannot, without a justified reason, rent the property to someone other than the former tenant for three years.
Where eviction was obtained because of reconstruction or redevelopment, the landlord cannot generally rent the property to another person in its former condition for three years.
The former tenant may also have a statutory priority right to rent the reconstructed property under its new condition and new rental terms.
A landlord who violates the re-letting prohibition may be required to pay compensation to the former tenant. The compensation cannot be less than one year’s rent calculated according to the amount paid during the final rental year.
This rule is designed to prevent landlords from relying on artificial personal need or renovation claims merely to replace an existing tenant with another tenant willing to pay more.
Landlords should preserve evidence if the intended need disappears after eviction for reasons outside their control.
Mandatory Mediation Before an Eviction Lawsuit
Since 1 September 2023, disputes arising from rental relationships are generally subject to mandatory mediation before litigation.
Article 18/B of the Mediation Law covers disputes arising from rental relationships, while expressly excluding the provisions concerning eviction of rented immovable property through the non-judicial enforcement procedure under the Enforcement and Bankruptcy Law.
Accordingly, before filing most eviction lawsuits based on personal need, new-owner need, two justified notices, reconstruction, another suitable residence or breach of contract, the landlord must first apply for mandatory mediation.
If no settlement is reached, the mediator prepares a final report. The landlord may then file the eviction lawsuit within the applicable legal period.
Failure to complete mandatory mediation may result in procedural dismissal of the lawsuit.
Because some eviction grounds are subject to strict one-month filing periods, the mediation application should be made without delay. The interaction between mediation and statutory filing periods must be calculated carefully.
The principal exception concerns the specific non-judicial enforcement route for eviction. Whether a particular application falls fully within that exception depends on the procedural remedy selected.
Settlement During Mediation
The parties may reach a binding settlement during mediation concerning:
- The date on which the tenant will vacate;
- Payment of outstanding rent;
- Instalment arrangements;
- Waiver or reduction of interest;
- Return of the deposit;
- Property damage;
- Key delivery;
- Utility and building expenses; and
- Release of further claims.
An eviction settlement should identify the property and specify an exact handover date. It should explain how and where the keys will be delivered and what happens if the tenant does not comply.
Vague language such as “the tenant will vacate as soon as possible” should be avoided.
The agreement should also state whether the landlord accepts delayed possession in exchange for payment, whether the deposit will be deducted from the debt and whether the tenant must continue paying rent or occupation compensation until actual delivery.
Which Court Handles Eviction Lawsuits?
Civil Courts of Peace, known in Turkish as Sulh Hukuk Mahkemeleri, generally have subject-matter jurisdiction over lawsuits arising from rental relationships regardless of the monetary value of the dispute.
This jurisdiction includes eviction lawsuits, rent claims, deposit disputes and other cases based on the rental relationship. The statutory provisions concerning eviction through non-judicial enforcement proceedings remain reserved.
Territorial jurisdiction must be assessed according to the defendant’s residence, the place of contractual performance and any legally valid jurisdiction agreement.
Filing the case before a court lacking territorial jurisdiction may cause delay and additional costs if the defendant raises a timely jurisdiction objection.
Evidence Required in an Eviction Case
The evidence required depends on the legal ground.
Common evidence includes:
- The signed rental agreement;
- Title deed records;
- Bank payment records;
- Notarial notices;
- Enforcement payment orders;
- Service documents;
- Written eviction undertakings;
- Mediation final reports;
- Building management records;
- Witness statements;
- Photographs and videos;
- Municipal and construction documents;
- Expert reports;
- Residence and employment records; and
- Correspondence between the parties.
In a non-payment case, the landlord must establish the rent amount, due date and lack of payment. The tenant may rely on bank transfers, receipts or set-off defences.
In a personal-need case, the landlord must establish the genuine and continuing need. In a reconstruction case, technical documents and permits become essential.
In an eviction-undertaking case, the original document, signature, execution date and delivery date may determine the outcome.
Can the Landlord Change the Locks?
A landlord cannot lawfully avoid formal eviction procedures by changing the locks, removing the tenant’s belongings or preventing access to the property.
The landlord should also not disconnect electricity, water, natural gas or other essential services in order to force the tenant to leave.
These actions are not substitutes for an enforcement order or court judgment and may expose the landlord to civil compensation claims and, depending on the circumstances, criminal proceedings.
Even where the tenant has not paid rent or has promised to vacate, possession should be recovered through the legally prescribed enforcement or litigation process.
Likewise, the landlord should not enter the rented property without the tenant’s consent except where an immediate emergency justifies access.
Does Appealing an Eviction Decision Automatically Stop Enforcement?
As a general procedural rule, filing an appeal does not automatically suspend enforcement of a civil judgment.
Turkish procedural law provides that appeal does not, by itself, stop execution, while the Enforcement and Bankruptcy Law contains a separate mechanism through which the debtor may request a stay of enforcement by satisfying the statutory conditions, including security requirements where applicable.
The enforcement status of a particular eviction judgment should be examined according to the type of judgment, appellate application and any stay decision obtained.
A tenant should not assume that filing an appeal automatically permits continued occupation. Similarly, a landlord should confirm that the judgment is enforceable before commencing physical eviction.
Common Mistakes Made by Landlords
A common mistake is assuming that the tenant must leave automatically at the end of a one-year agreement.
Another is missing the one-month filing period applicable to need-based eviction, two justified notices, another suitable residence or an eviction undertaking.
Landlords also frequently send informal messages instead of legally adequate notices. A message requesting a rent increase may not constitute a valid termination notice.
Other mistakes include demanding an incorrect rent amount, relying on two notices arising in different rental years, claiming personal need that is not genuine and failing to complete mandatory mediation.
Self-help measures such as changing locks or disconnecting utilities may significantly damage the landlord’s legal position.
Common Mistakes Made by Tenants
Tenants sometimes ignore notarial notices or official payment orders because they believe a landlord can never obtain eviction.
The strong protection given to tenants does not eliminate eviction where a statutory ground exists.
Another mistake is paying rent in cash without obtaining receipts. The tenant may later be unable to prove payment.
Tenants also frequently sign blank or undated eviction undertakings without understanding the consequences.
Where the property has been sold, the tenant should not assume that every demand by the new owner is invalid. A new owner may obtain eviction where genuine need and procedural conditions are established.
The tenant should respond to notices within the legal periods and preserve all agreements, payment records and communications.
Frequently Asked Questions About Tenant Eviction in Turkey
Can a landlord evict a tenant when a one-year lease expires?
Not solely because the initial fixed term has expired. The agreement is generally renewed unless the tenant gives timely notice. The landlord requires a statutory eviction ground or must complete the ten-year extension period.
Can a tenant be evicted for one late payment?
The landlord must follow the statutory default procedure and generally grant at least 30 days in residential and roofed workplace leases. Payment within that period may prevent termination based on that default.
Can a landlord evict a tenant who always pays after receiving notice?
Repeated delays may create the conditions for eviction based on two justified notices within the same rental year.
Is an eviction undertaking valid if signed with the lease?
An undertaking must be given after delivery of the property. A document signed before or simultaneously with delivery may be challenged.
Can a new owner immediately evict the tenant?
No. The new owner must generally provide written notice within one month of acquisition and may file the special need-based lawsuit after six months. The need must be genuine.
Does the landlord need mediation before filing an eviction lawsuit?
Mandatory mediation applies before most eviction lawsuits. The specific non-judicial enforcement procedure is excluded from the statutory mediation requirement.
Which court hears an eviction lawsuit?
The Civil Court of Peace generally has subject-matter jurisdiction.
Can a landlord evict the tenant to obtain a higher rent?
A desire to obtain higher rent is not an independent statutory eviction ground.
Can the landlord rent the property to someone else after need-based eviction?
Without a justified reason, the landlord is generally prohibited from renting it to another person for three years and may owe compensation to the former tenant.
Does an appeal automatically stop eviction?
Not necessarily. Appeal does not automatically suspend enforcement, although a stay may be requested under the statutory enforcement procedure.
Conclusion
The eviction of tenants in Turkey is possible only where a legally recognised ground exists and the landlord complies with the applicable procedural requirements.
Non-payment, two justified notices, a valid written eviction undertaking, genuine personal or workplace need, new-owner need, substantial reconstruction, another suitable residence, serious contractual breach and completion of the ten-year extension period may support eviction under different conditions.
However, each ground has its own notice requirements, cure periods, mediation obligations and filing deadlines. A procedure based on unpaid rent cannot automatically be replaced with a need-based claim, and an invalid notice cannot ordinarily be corrected after the filing period has expired.
Landlords should determine the appropriate legal ground before sending notice or commencing enforcement. Tenants should not ignore official documents and should maintain complete payment and contractual records.
Because eviction cases directly concern possession of immovable property and frequently involve strict one-month periods, obtaining legal advice before taking action is essential.
A properly managed eviction process should include examination of the rental agreement, title deed, payment history, notices, service documents, mediation requirements and all statutory deadlines.
Legal Disclaimer: This article provides general information regarding tenant eviction law in Turkey and does not constitute legal advice. Each eviction dispute must be assessed according to the rental agreement, property type, payment records, notices, evidence, procedural dates and specific circumstances of the parties.
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