Termination of Residential and Commercial Leases After Ten Extension Years in Turkey

Termination of residential and commercial leases after ten extension years is one of the most frequently misunderstood subjects in Turkish rental law. Landlords commonly assume that a tenant may automatically be removed after occupying a property for ten calendar years. Tenants, on the other hand, may believe that a continuously renewed rental agreement can never be terminated unless they fail to pay rent or the landlord proves a genuine personal need.

Neither assumption is entirely correct.

Article 347 of the Turkish Code of Obligations No. 6098 establishes a special termination right for landlords of residential and roofed workplace properties. After the completion of the statutory ten-year extension period, the landlord may terminate the rental agreement without proving housing need, workplace need, non-payment, misuse, reconstruction or another specific eviction ground.

However, the right does not usually arise merely when ten years have passed from the date on which a fixed-term lease was signed. The original contractual period must first be completed. It is then followed by ten statutory extension years. The landlord may exercise the no-cause termination right at the end of an extension year following that ten-year extension period by serving written notice at least three months in advance.

Accordingly, for an ordinary one-year rental agreement, the earliest no-cause termination date may arise after the original one-year period, ten extension years and at least one additional extension year. This calculation is why the expression “eviction of a ten-year tenant” can be legally misleading.

The procedure is technical. The contractual commencement date, original duration, later agreements, ownership transfers, written notice, service date, mandatory mediation and timing of the eviction lawsuit must all be examined carefully.

This guide explains how residential and commercial leases may be terminated after ten extension years under Turkish law, how the period is calculated, when notice must be served and what happens if the tenant refuses to vacate.

Legal Basis of the Ten-Year Extension Rule

The principal provision is Article 347 of the Turkish Code of Obligations.

For fixed-term residential and roofed workplace leases, the tenant must notify the landlord at least 15 days before the contractual period ends if the tenant does not wish the agreement to continue. If no notice is given, the agreement is automatically extended for one year under the same conditions, subject to the lawful rent adjustment.

The landlord cannot terminate the agreement solely because the original fixed period has expired.

After the completion of the ten-year extension period, however, the landlord may terminate the agreement without stating any reason by giving notice at least three months before the end of each extension year following that period.

Article 348 separately requires termination notices concerning residential and roofed workplace leases to be made in writing.

The rule applies to both residential properties and roofed commercial premises, including apartments, houses, villas, offices, shops, clinics, restaurants and similar enclosed workplaces.

What Does “Ten Extension Years” Mean?

The legislation refers to a ten-year extension period, not simply ten years of occupation.

The distinction is essential.

In a fixed-term lease, the original period agreed by the parties is completed first. The statutory extension years begin only after that original contractual period expires.

The legal calculation is therefore generally:

Original fixed contractual period + ten extension years + termination at the end of a following extension year

Court of Cassation practice has also described the landlord’s earliest no-cause termination opportunity as arising after the contractual rental period, ten extension years and at least one subsequent extension year.

This means that the original contractual duration must be identified before counting the ten extension years.

Example: One-Year Residential Lease

Assume that a residential lease begins on 1 January 2020 and ends on 31 December 2020.

The original contractual period is:

1 January 2020–31 December 2020

If the tenant does not terminate, the agreement is extended annually.

The ten extension years are:

1. 1 January 2021–31 December 2021
2. 1 January 2022–31 December 2022
3. 1 January 2023–31 December 2023
4. 1 January 2024–31 December 2024
5. 1 January 2025–31 December 2025
6. 1 January 2026–31 December 2026
7. 1 January 2027–31 December 2027
8. 1 January 2028–31 December 2028
9. 1 January 2029–31 December 2029
10. 1 January 2030–31 December 2030

The ten-year extension period ends on 31 December 2030.

The landlord may then terminate at the end of the following extension year, namely 31 December 2031, by ensuring that the written notice reaches the tenant at least three months before that date.

Therefore, the right does not ordinarily arise on 31 December 2029 merely because approximately ten years have passed since the agreement was signed.

Example: Five-Year Commercial Lease

Assume that a roofed commercial lease begins on 1 January 2020 and is expressly concluded for five years.

The initial contractual period ends on 31 December 2024.

The ten extension years then run from 1 January 2025 until 31 December 2034.

The landlord’s earliest no-cause termination may be exercised for the end of the following extension year, 31 December 2035, provided that written notice reaches the tenant at least three months before that date.

The longer original contractual term therefore delays the landlord’s Article 347 termination right.

A landlord cannot count the first five contractual years as part of the ten extension years.

Difference Between the Original Term and Extension Years

The original term results from the express agreement of the parties.

Extension years arise automatically under the statute because the tenant did not terminate the agreement.

This distinction explains why two leases beginning on the same date may produce different Article 347 termination dates.

For example:

• A one-year agreement beginning in 2020 may complete its ten extension years at the end of 2030.
• A five-year agreement beginning in 2020 may complete its ten extension years at the end of 2034.

The parties should therefore review the actual written duration rather than relying only on the date on which the tenant entered the property.

Does the Landlord Need to Prove a Reason?

No. Once all Article 347 conditions have been satisfied, the landlord does not need to prove a specific reason for termination.

The landlord does not have to establish:

• Personal housing need;
• Workplace need;
• Need of a child or parent;
• Reconstruction;
• Non-payment;
• Misuse;
• Two justified notices;
• Ownership of another residence by the tenant; or
• A written eviction undertaking.

The completion of the statutory period and valid written termination notice provide the legal basis.

Court of Cassation authority expressly characterises this as a right allowing the landlord to terminate without stating a reason.

This feature distinguishes Article 347 from need-based eviction under Articles 350 and 351.

Does the Landlord Have to Use the Property Personally?

No.

Because Article 347 does not require personal need, the landlord is not required to move into the property after the tenant leaves.

The landlord may ordinarily:

• Use the property personally;
• Keep it vacant;
• Sell it;
• Renovate it;
• Use it for another lawful purpose; or
• Rent it to another tenant.

The three-year re-letting restriction under Article 355 primarily concerns eviction obtained because of personal need or reconstruction. It does not generally apply in the same manner to termination based solely on completion of the ten-year extension period.

A landlord relying on Article 347 should nevertheless avoid making false statements or relying on another legal ground inconsistently where those statements may create separate disputes.

Written Notice Is Mandatory

Article 348 provides that a termination notice concerning a residential or roofed workplace lease is valid only if made in writing.

An oral conversation, telephone call or informal statement that the tenant should leave is not legally sufficient.

The written notice should include:

• The landlord’s full identity;
• The tenant’s full identity;
• The complete address of the rented property;
• The rental agreement’s commencement date;
• The original contractual duration;
• The relevant extension period;
• The legal basis under Article 347;
• The date on which the agreement will terminate;
• A request to return the property and keys; and
• A reservation of the right to commence mediation and eviction proceedings.

Notarisation is not expressly stated as a validity requirement. Nevertheless, a notarial notice is generally the safest method because it proves both the contents and the service date.

A signed written document, secure electronic notification or another communication satisfying the legal written-form requirements may also be considered. However, ordinary messages may generate disputes regarding identity, signature, content and service.

The Notice Must Reach the Tenant in Time

It is not enough for the landlord to prepare or send the notice three months before the termination date.

The termination declaration must reach the tenant within the legally required period.

For example, where the relevant extension year ends on 31 December, the landlord should ensure that the notice is legally served no later than three months before that date.

Because notification and service problems may arise, landlords should avoid waiting until the final day.

A notice sent early provides time to correct:

• An incorrect address;
• Failed postal service;
• An incomplete tenant name;
• A family-home issue;
• A problem involving multiple tenants; or
• Another service defect.

The landlord should preserve the notarial notice, delivery certificate and every document showing when the notice reached the tenant.

What Happens If the Notice Is Late?

If the notice does not reach the tenant at least three months before the end of the relevant extension year, termination will not ordinarily be effective for that year.

The landlord does not permanently lose the Article 347 right. The statute allows termination at the end of every extension year following completion of the ten-year extension period.

The landlord may therefore issue a new and timely notice for the end of the next extension year.

For example, if the landlord misses the notice deadline for 31 December 2031, a valid notice may be served for termination on 31 December 2032.

The landlord should state the correct future termination date rather than demanding immediate evacuation based on a late notice.

Does the Tenant Have a 15-Day Notice Right?

Yes.

For fixed-term residential and roofed workplace leases, the tenant may prevent renewal by giving notice at least 15 days before the end of the contractual period.

If no notice is given, the agreement is extended for one year.

The tenant’s 15-day rule and the landlord’s three-month rule should not be confused.

The tenant may use the 15-day mechanism from the end of the original fixed period.

The landlord generally cannot rely solely on expiry until the ten-year extension period and the following extension-year conditions have been completed.

Fixed-Term and Indefinite-Term Leases

Article 347 creates different systems for fixed-term and indefinite-term residential and roofed workplace leases.

Fixed-Term Leases

The original contractual term must end first.

The agreement then renews through annual statutory extension periods. After ten extension years, the landlord may terminate at the end of a following extension year by giving at least three months’ written notice.

Indefinite-Term Leases

In an indefinite-term lease, the tenant may terminate under the general statutory rules at any time.

The landlord may use ordinary termination only after ten years have passed from the beginning of the rental relationship. Article 347 expressly refers to ten years from the commencement of the lease rather than ten extension years for indefinite agreements.

The landlord must then comply with the general termination periods and notice rules.

Termination of an Indefinite-Term Lease

Articles 328 and 329 regulate the ordinary termination of indefinite leases.

Unless the parties have validly agreed on a longer notice period or another termination period, the lease may be terminated by observing the statutory periods. The commencement date of the lease is used when calculating termination periods.

For immovable-property leases, the general rule permits termination at the end of a six-month rental period by observing a three-month notice period, unless a different local custom applies. A notice that misses the relevant period becomes effective for the next termination period.

Accordingly, for an indefinite residential or roofed workplace lease, the landlord must first wait ten years from commencement and then calculate the correct six-month termination period and three-month notice requirement.

The fixed-term and indefinite-term calculations should not be mixed.

Does Every Lease Become Indefinite After the First Year?

No.

A fixed-term residential or roofed workplace lease does not ordinarily become an indefinite lease simply because the original period ends.

Article 347 specifically states that the agreement is extended for one year under the same conditions unless the tenant gives timely notice.

Therefore, a one-year residential lease generally continues through annual statutory extensions rather than automatically becoming an ordinary indefinite-term lease after the first year.

This distinction affects both the ten-year calculation and the termination-notice system.

Effect of a New Rental Agreement

Later written agreements are one of the most difficult issues in calculating the ten-year extension period.

A document signed during the tenancy may represent:

• A genuinely new rental agreement;
• A simple rent-increase protocol;
• A renewal of the existing agreement;
• A change of landlord information;
• An amendment concerning payment;
• An extension of the contractual period; or
• A complete replacement of the previous lease.

Court of Cassation General Assembly authority has accepted that where the parties genuinely enter into a new rental agreement, the ten-year extension period may restart after the new contractual term ends. In the case examined by the Court, later written agreements were treated as new agreements for the Article 347 calculation.

However, not every document carrying a new date should automatically be treated as a completely new lease.

The real intention of the parties, continuity of possession, identity of the parties, contractual changes and wording of the document must be examined.

Does an Annual Rent Protocol Restart the Period?

Not necessarily.

A short protocol that changes only the monthly rent or bank account may be treated as an amendment of the continuing lease rather than a new rental agreement.

By contrast, a comprehensive document replacing the previous contract, setting a new fixed term and materially restructuring the relationship may be treated as a new lease.

The title given to the document is not decisive by itself.

Calling a document “renewal protocol” does not prevent it from being treated as a new agreement if its substance shows that the parties intended to establish a new contractual period.

Similarly, calling a document a “new rental agreement” does not automatically make it one if it merely records the existing relationship.

Because a later document may reset the ten-year calculation, landlords and tenants should review the legal consequences before signing repeated rental forms.

Effect of Sale of the Property

The sale of the rented property does not ordinarily restart the ten-year extension period.

Under Turkish rental law, the purchaser generally becomes a party to the existing rental agreement. The lease continues with its original commencement date, duration and extension history.

Court of Cassation reasoning also distinguishes a genuine new contract from a party change resulting from the transfer of the property. Where ownership changes but the existing lease continues, the extension calculation generally remains connected to that continuing lease.

The purchaser should therefore obtain:

• The original rental agreement;
• Later protocols;
• Payment records;
• Previous notices;
• The rental commencement date; and
• Evidence concerning whether later documents created a new lease.

A buyer should not assume that the title deed acquisition date becomes the beginning of a new ten-year period.

Effect of Transfer of the Lease

A formal transfer of the rental relationship to a new tenant may affect the legal analysis.

If the existing lease is transferred and continues with a replacement tenant under Article 323, the transaction should be distinguished from concluding a completely new rental agreement.

Whether the ten-year extension period continues or restarts may depend on the wording of the transfer, the parties’ intention and whether the previous lease was terminated.

Commercial lease-transfer documents should expressly state whether:

• The existing lease continues;
• A new lease is concluded;
• The contractual period changes;
• Previous extension years are preserved; and
• Article 347 rights are affected.

Agreements Concluded Before 1 July 2012

The Turkish Code of Obligations entered into force on 1 July 2012.

Law No. 6101 introduced a transitional rule for existing rental agreements.

Under Temporary Article 2, where the ten-year extension period had not yet expired but fewer than five years remained when the new law entered into force, Article 347’s landlord-termination rule became applicable five years after the law’s effective date.

Where the ten-year extension period had already expired, the rule became applicable two years after the effective date.

Accordingly, historical agreements require examination of:

• The original contractual duration;
• Extension years completed by 1 July 2012;
• The transitional two-year or five-year period;
• Later renewal agreements; and
• The relevant termination year.

In 2026, these transitional periods have long expired. Nevertheless, the rule remains relevant when calculating rights arising from old agreements and when examining previous renewal documents.

Can the Parties Contract Out of Article 347?

The landlord cannot ordinarily obtain an earlier unrestricted termination right by inserting a clause stating that the tenant must leave whenever the landlord requests or automatically after a certain year.

Residential and roofed workplace tenants receive mandatory statutory protection.

A contractual clause stating that the landlord may terminate freely at the end of the first year would conflict with Article 347’s prohibition against landlord termination based solely on expiry.

Court of Cassation General Assembly reasoning describes the Article 347 framework as mandatory in relation to the landlord’s termination right.

The parties may create legally valid rights concerning other matters, but they cannot simply remove statutory tenant protection through standard contract wording.

Can the Tenant Waive Protection in Advance?

A tenant should not be assumed to have validly waived Article 347 protection merely by signing the original rental agreement.

A clause prepared before or during the beginning of the tenancy requiring unconditional future evacuation may be subject to mandatory-law restrictions.

A valid written eviction undertaking given after delivery is a separate legal instrument governed by Article 352. It should not be confused with the Article 347 ten-year termination mechanism.

Under Article 347, the landlord’s right arises from completion of the statutory period and timely written notice.

Under an eviction undertaking, the right arises from the tenant’s separate written promise to vacate on a specific date, subject to strict validity and filing requirements.

Multiple Tenants

Where several persons are named as tenants, the termination notice should be directed to all contractual tenants whose rights will be affected.

For example, if two companies jointly rent a commercial property or both spouses are listed as residential tenants, serving only one person may create a procedural objection.

The landlord should compare:

• The tenant section of the agreement;
• Signatures;
• Later transfer documents;
• Family-home notifications;
• Company changes; and
• Actual possession.

Where one tenant has left informally but remains a party to the agreement, that person should not automatically be ignored.

Family Home Considerations

Article 349 contains special protection where the rented residence is used as a family home.

A tenant cannot terminate a family-home lease without the spouse’s express consent. In addition, if the non-contracting spouse has notified the landlord and acquired the status of a party to the agreement, termination notices and payment periods connected with termination must be communicated separately to both the tenant and spouse.

A landlord planning Article 347 termination should therefore investigate whether:

• The property is used as a family home;
• The spouse is already a named tenant;
• The spouse has formally joined the lease; and
• Separate service is required.

Ignoring a spouse who has acquired tenant status may affect the validity of the termination process.

Multiple Landlords and Co-Owned Property

Where there are several landlords or property owners, the persons authorised to issue the termination notice and file the case must be identified carefully.

The required participation may depend on:

• Whether the landlords jointly signed the rental agreement;
• Whether ownership is shared or joint;
• Whether one landlord has a power of attorney;
• Whether the lease was concluded by an authorised representative;
• Whether ownership changed during the rental period; and
• The applicable co-ownership rules.

A notice issued by a person without sufficient authority may be challenged.

The title deed, rental agreement and powers of attorney should therefore be reviewed before notice is served.

Does the Tenant Have to Leave When the Notice Is Served?

No. The tenant does not have to leave immediately upon receiving the termination notice.

The notice states that the agreement will end on the identified future extension-year date.

Until that date:

• The rental agreement continues;
• Rent remains payable;
• The tenant may continue using the property;
• The landlord must perform landlord obligations; and
• Neither party may unilaterally disregard the agreement.

The tenant should return the property and keys on the effective termination date.

If the tenant disputes the calculation or refuses to leave, the landlord must use mediation and court procedures rather than physical self-help.

Mandatory Mediation Before the 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 includes rental disputes within the mediation requirement, except for the special non-judicial eviction procedures under the Enforcement and Bankruptcy Law. An eviction lawsuit based on Article 347 therefore generally requires prior mediation.

The mediation application should identify:

• The rental property;
• The original agreement;
• The commencement date;
• The original contractual duration;
• The ten extension years;
• Later rental protocols;
• The written termination notice;
• The date of service;
• The termination date; and
• The requested evacuation.

If no settlement is reached, the mediator issues a final report. The landlord may then file the eviction lawsuit.

A lawsuit filed without completing mandatory mediation may be dismissed procedurally without examination of whether the ten-year extension period was correctly calculated.

When Should Mediation Be Started?

The written termination notice should first be served in compliance with Article 347.

If the tenant does not agree to return the property, the landlord should begin mandatory mediation sufficiently early to protect the litigation position.

The mediation process may be initiated before or around the effective termination date depending on the structure of the dispute, but the lawsuit cannot properly seek physical eviction before the contractual termination has become effective.

The landlord should avoid waiting for an extended period after the termination date.

Article 347 does not expressly state the same one-month lawsuit period contained in certain need-based and tenant-based eviction provisions. However, some judicial and professional approaches advise filing within one month after the effective termination date to avoid procedural risk and disputes concerning renewal or waiver.

Because practice is not entirely uniform, the safest strategy is to commence mediation promptly and file the action without delay, preferably within one month following the effective termination date once the procedural prerequisite has been completed.

Which Court Hears the Case?

The Civil Court of Peace, known in Turkish as the Sulh Hukuk Mahkemesi, generally has subject-matter jurisdiction over lawsuits arising from rental relationships.

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

Territorial jurisdiction may generally be connected with:

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

Eviction is not completed simply because the notice period has passed. Where the tenant refuses to leave, the landlord must obtain an enforceable judgment and recover possession through the official enforcement process.

Evidence Required in the Eviction Case

The landlord should submit a complete chronological rental file.

Important evidence includes:

• The original rental agreement;
• Every later agreement or protocol;
• The title deed;
• Ownership-transfer records;
• Rent-payment records;
• The written termination notice;
• The notarial service certificate;
• The mandatory mediation final report;
• Company-authority documents;
• Powers of attorney;
• Family-home notifications; and
• Correspondence concerning evacuation.

The landlord should prepare a year-by-year calculation demonstrating:

• The original contractual period;
• The first extension year;
• Each of the ten extension years;
• The following extension year selected for termination;
• The three-month notice deadline; and
• The actual service date.

An unsupported statement that “the tenant has occupied the property for more than ten years” will not be sufficient where the written agreement shows a different original duration or a later contract may have restarted the calculation.

Tenant Defences

A tenant may challenge Article 347 termination by arguing that:

• Ten extension years have not been completed;
• The landlord counted the original term incorrectly;
• A later agreement changed the contractual period;
• The notice was served less than three months before the year ended;
• The notice was not made in writing;
• The termination date is incorrect;
• Not all tenants received notice;
• The person issuing notice lacked authority;
• Mandatory mediation was not completed;
• The lawsuit was filed prematurely;
• The claimant is not the proper landlord or owner; or
• The agreement is indefinite and the general termination periods were not followed.

Unlike a need-based case, the tenant cannot defeat a valid Article 347 termination merely by showing that the landlord owns other properties or does not intend to use the property personally.

The principal dispute usually concerns time calculation and procedure rather than the landlord’s personal circumstances.

Rent Payments During the Proceedings

The tenant must continue paying rent until the property is properly returned.

Receiving a termination notice does not suspend the payment obligation.

If the tenant remains after the termination date, the landlord may claim rent or occupation compensation depending on the legal circumstances and the continued relationship between the parties.

Payments should be made through a bank with a clear description identifying the relevant month.

The landlord should accept payments with an appropriate reservation where necessary to prevent an argument that a new rental relationship was established after termination.

The legal effect of accepting rent after the termination date depends on the parties’ declarations, payment description and conduct.

Key Delivery and Return of Possession

The tenant should return the property and every key, access card and remote-control device on the termination date.

Moving belongings out is not always enough to prove that legal possession was returned.

The parties should prepare a written handover report recording:

• The delivery date and time;
• Keys and access devices;
• Meter readings;
• Property condition;
• Furniture and fixtures;
• Outstanding rent;
• Building expenses;
• Security deposit;
• Visible damage; and
• Any reserved claims.

If the landlord refuses to accept the keys, the tenant should use an appropriate formal delivery procedure rather than keeping the keys indefinitely or leaving them with an unauthorised person.

Security Deposit After Termination

Termination under Article 347 does not allow the landlord to keep the security deposit automatically.

The deposit may secure valid claims such as:

• Unpaid rent;
• Outstanding usage expenses;
• Damage exceeding ordinary wear;
• Missing fixtures;
• Unreturned keys; and
• Other legally proven rental obligations.

The landlord should inspect the property and notify the tenant promptly of visible defects.

Any deduction should be itemised and supported by photographs, invoices, delivery records and evidence of the tenant’s responsibility.

The remaining deposit must be released or returned according to the agreement and Article 342.

Can the Landlord Change the Locks?

No.

Even after a valid termination notice and effective termination date, the landlord cannot personally change the locks, remove the tenant’s belongings or disconnect utilities to force departure.

If the tenant does not leave voluntarily, the landlord must complete mediation, obtain an eviction judgment and use formal enforcement.

Self-help eviction may create civil and criminal liability depending on the circumstances.

Ownership and a valid termination right do not authorise the landlord to bypass the enforcement system.

Sale of the Property During the Process

If the property is sold after the notice or during the lawsuit, the effect on the proceedings must be examined under procedural and rental law.

The purchaser generally becomes a party to the continuing rental relationship.

The right arising from the extension history does not ordinarily disappear solely because ownership changes.

However, party status, continuation of the lawsuit, transfer of claims and whether the purchaser may rely on the existing notice should be evaluated according to:

• The acquisition date;
• The notice date;
• The effective termination date;
• The stage of the case; and
• The wording of the sale and rental documents.

A buyer acquiring property subject to an Article 347 process should review the entire mediation and court file before completing the purchase.

Common Mistakes Made by Landlords

The most common mistake is counting ten years from the signature date without separating the original contractual period from the statutory extension years.

Other mistakes include:

• Attempting termination immediately after the tenth extension year;
• Failing to wait for a following extension-year end;
• Serving notice less than three months before the termination date;
• Assuming that sending notice is sufficient without timely receipt;
• Relying on oral notification;
• Ignoring a later rental agreement;
• Treating a rent protocol as a new lease without legal analysis;
• Failing to notify every tenant;
• Filing before mandatory mediation;
• Filing before the termination date; and
• Changing the locks without a judgment.

A year-by-year written calculation should be prepared before the notice is drafted.

Common Mistakes Made by Tenants

Tenants sometimes assume that paying rent regularly creates a permanent right to remain.

Regular payment prevents default-based eviction but does not eliminate the landlord’s Article 347 termination right after the statutory period.

Other common mistakes include:

• Ignoring the notarial notice;
• Assuming that ten years are always counted from the initial move-in date;
• Failing to examine a later agreement;
• Continuing to occupy without planning for litigation;
• Stopping rent after receiving notice;
• Failing to attend mandatory mediation;
• Returning keys without written proof; and
• Assuming that the landlord must prove personal need.

The tenant should examine the calculation and service documents rather than relying on general assumptions.

Practical Checklist for Landlords

Before using Article 347, the landlord should:

1. Obtain the original rental agreement.
2. Identify the exact commencement and expiry dates.
3. Determine whether the agreement is fixed-term or indefinite-term.
4. Separate the original term from extension years.
5. Review all later agreements and protocols.
6. Examine ownership and landlord changes.
7. Identify every contractual tenant.
8. Calculate the earliest lawful termination date.
9. Serve written notice more than three months in advance.
10. Preserve proof of timely service.
11. Apply for mandatory mediation.
12. File the eviction lawsuit promptly if the tenant does not leave.
13. Recover possession only through lawful enforcement.

Practical Checklist for Tenants

After receiving an Article 347 notice, the tenant should:

1. Review the original agreement.
2. Verify the original contractual duration.
3. Count the extension years separately.
4. Examine later agreements and protocols.
5. Verify the notice date and termination date.
6. Confirm whether the notice was timely.
7. Check whether every tenant was notified.
8. Attend mandatory mediation.
9. Continue paying rent.
10. Preserve all payment and service documents.
11. Negotiate a reasonable handover date where appropriate.
12. Obtain a written key-delivery and deposit settlement.

Frequently Asked Questions

Can a landlord evict a tenant after ten calendar years?

Not necessarily. For a fixed-term lease, the original contractual period must be completed first, followed by ten statutory extension years.

What is the earliest termination date for a one-year lease?

The ordinary calculation involves the original one-year term, ten extension years and termination at the end of a following extension year with at least three months’ written notice.

Does the landlord need a reason?

No. Once Article 347 conditions are satisfied, the landlord may terminate without proving personal need, non-payment or another specific ground.

Must the notice be written?

Yes. Article 348 requires written form.

How early must the notice be served?

It must reach the tenant at least three months before the end of the relevant extension year.

What happens if the notice is late?

It will ordinarily not be effective for that year. The landlord may serve timely notice for the end of the following extension year.

Does a new rental agreement restart the period?

A genuinely new agreement may restart the calculation. A simple rent protocol or automatic extension does not necessarily have that effect.

Does sale of the property restart the period?

Not ordinarily. The purchaser generally succeeds to the existing rental relationship.

Does the landlord have to move into the property?

No. Article 347 termination does not require personal use.

Can the landlord rent the property to another tenant afterward?

Generally yes. The three-year re-letting restriction associated with need-based eviction does not ordinarily apply solely because termination was based on Article 347.

Is mandatory mediation required?

Yes. A court-based Article 347 eviction dispute is generally subject to mandatory mediation before litigation.

Which court hears the case?

The Civil Court of Peace generally has subject-matter jurisdiction.

Is there a one-month lawsuit period?

Article 347 does not expressly regulate a separate one-month period. Because judicial approaches may differ, the safest practice is to commence mediation and file promptly, preferably within one month after the effective termination date.

Can the landlord change the locks after the termination date?

No. If the tenant refuses to leave, possession must be recovered through a court judgment and formal enforcement.

Must rent continue to be paid?

Yes. Rent remains payable until the property is properly returned or the legal obligation otherwise ends.

Conclusion

Termination of residential and commercial leases after ten extension years is an important but technically demanding right under Turkish rental law.

The legal rule does not ordinarily permit eviction merely because ten calendar years have passed since the tenant entered the property.

For a fixed-term residential or roofed workplace lease, the original contractual period is completed first. The agreement then continues through ten statutory extension years. The landlord may terminate without stating a reason at the end of an extension year following that period, provided that written notice reaches the tenant at least three months in advance.

For indefinite-term leases, the landlord may use ordinary termination after ten years from the commencement of the rental relationship, subject to the general termination periods and notice rules.

A later genuine rental agreement may restart the calculation, while an ordinary rent protocol or ownership transfer may not.

The landlord does not have to prove housing need, workplace need, non-payment or reconstruction. The landlord may generally rent the property to another person after obtaining possession through this procedure.

Nevertheless, strict procedural compliance is essential.

The notice must be written, timely and served on every relevant tenant. The landlord must have authority to terminate, complete mandatory mediation and obtain an eviction judgment if the tenant refuses to leave.

The tenant should verify the original contractual term, every extension year, later agreements, service date and landlord authority.

Neither party should rely on the informal expression “ten-year tenant.” The correct analysis must be based on the original term, the statutory extension period and the selected termination year.

Because one incorrect year or late notice may delay termination for another full extension period, the lease history should be reviewed by a Turkish rental-law attorney before any notice, mediation application or eviction lawsuit is filed.

Legal Disclaimer: This article provides general information concerning termination of residential and commercial leases after ten extension years in Turkey and does not constitute legal advice. Each matter must be assessed according to the original rental agreement, contractual duration, later protocols, ownership history, written notice, service date, mandatory mediation process and current judicial practice.