Unpaid Rent and Eviction Proceedings in Turkey: A Legal Guide

Unpaid rent is one of the most common causes of disputes between landlords and tenants in Turkey. A landlord may be financially dependent on regular rental income, while a tenant may delay payment because of financial difficulty, a dispute over the rental amount, defects in the property or disagreement concerning an annual increase.

Turkish law gives landlords effective legal remedies for collecting overdue rent and recovering possession of the rented property. However, a landlord cannot evict a tenant personally, change the locks or remove the tenant’s belongings simply because rent has not been paid.

The landlord must follow the procedures established by the Turkish Code of Obligations No. 6098 and the Enforcement and Bankruptcy Law No. 2004. Depending on the selected route, the landlord may issue a written default notice, file a court action or initiate non-judicial enforcement proceedings seeking both payment and eviction.

Article 313 of the Turkish Code of Obligations establishes the tenant’s fundamental obligation to pay rent. Unless the agreement or local custom provides otherwise, Article 314 states that rent and applicable ancillary expenses must be paid at the end of each month and, at the latest, by the end of the rental period. In practice, most written agreements establish an earlier monthly payment date, such as the first or fifth day of each month.

Where a due rental debt remains unpaid, Article 315 permits the landlord to grant the tenant a written payment period and warn that the rental agreement will be terminated if the debt is not paid. For residential and roofed workplace leases, the tenant must be given at least 30 days. This period begins on the day following service of the written notification.

The precise amount demanded, the payment due date, service documents and the tenant’s response may determine the outcome. An incorrectly calculated demand, an invalid rent increase or a payment made before the notice may prevent eviction even where a dispute genuinely exists.

This guide explains how unpaid rent and eviction proceedings operate in Turkey, including the written-notice procedure, non-judicial enforcement, tenant objections, mandatory mediation, two justified notices, evidence and common procedural mistakes.

The Tenant’s Obligation to Pay Rent

Payment of rent is the tenant’s principal financial obligation under a rental agreement.

The amount, currency, due date and payment method are usually regulated by the written contract. Where the agreement contains no specific due date, the statutory default rule under Article 314 applies.

The tenant should pay the rent:

• In the agreed amount;
• On or before the agreed due date;
• To the landlord or properly authorised recipient;
• Through the agreed payment method; and
• With a clear description identifying the rental month.

A payment made late may still discharge the monetary debt, but the delay may have separate consequences. The landlord may claim default interest, enforcement expenses and, where the statutory requirements are satisfied, eviction.

The tenant should not assume that a landlord must provide repeated informal reminders before using legal remedies. If a contractual rent has become due and remains unpaid, the landlord may proceed with a formal written notice or enforcement application.

What Counts as Unpaid Rent?

Unpaid rent includes a due rental instalment that has not been validly paid to the landlord or another person authorised to receive it.

A dispute may also involve:

• Partial payment;
• Rental differences arising from an annual increase;
• Rent paid to the former owner after the property was sold;
• Payment made to an unauthorised person;
• Cash payment without a receipt;
• Set-off claims;
• Withholding-tax issues in commercial leases; or
• A bank transfer with an unclear payment description.

A landlord cannot obtain eviction merely by describing every disputed amount as rent. The amount must have become legally due.

For example, a rental difference based on an unlawful increase may not support default-based eviction. Similarly, a debt that has not yet reached its contractual due date cannot ordinarily form the basis of a valid default notice.

The landlord should calculate the claim by reviewing the original rental agreement, renewal date, lawful increase, previous payments and any binding rent-determination judgment.

Two Main Legal Routes for Unpaid Rent

A landlord generally has two principal options where rent remains unpaid.

The first is to send a written default notice under Article 315 and then pursue termination and eviction through the court system if the tenant fails to pay within the granted period.

The second is to commence the special non-judicial enforcement procedure under Articles 269 and following of the Enforcement and Bankruptcy Law, seeking payment of the debt and eviction through the enforcement system.

Both routes are based on non-payment, but their procedural structures differ.

The direct court route is subject to mandatory mediation before the eviction lawsuit is filed. The statutory mediation legislation, however, excludes the special non-judicial eviction procedure under the Enforcement and Bankruptcy Law from the preliminary mediation requirement.

The appropriate route depends on the available documents, likelihood of objection, nature of the rental relationship, amount of debt and urgency of recovering possession.

Written Default Notice Under Article 315

A landlord may send the tenant a written notice identifying the unpaid rent and granting a final payment period.

For an apartment, house, office, shop or other residential or roofed workplace lease, the period must be at least 30 days. The period begins on the day after the notice is legally served.

The notice should contain:

• The landlord’s identity;
• The tenant’s identity;
• The complete address of the rented property;
• The relevant rental months;
• The amount due for each month;
• The total claimed amount;
• The applicable payment account;
• A payment period of at least 30 days; and
• A clear warning that the agreement will be terminated if payment is not made.

A notice that merely asks the tenant to “pay as soon as possible” may not satisfy the statutory requirements.

The notice should also avoid creating uncertainty regarding when the period begins or what amount must be paid.

A notarial notice is commonly preferred because it provides reliable evidence of the content and service date. However, the legal issue is not simply whether the notice was issued by a notary. Its content, calculation and service must also be valid.

When Does the 30-Day Period Begin?

The 30-day period does not ordinarily begin on the date written on the notice or the date on which the landlord delivers the document to the notary.

Article 315 states that the period begins on the day following written notification to the tenant.

For example, if the tenant receives the notice on 10 August, the calculation begins on 11 August.

The landlord should obtain and preserve the official service certificate. Without evidence of proper service, it may be impossible to prove when the payment period began and ended.

Where the notice is returned because the tenant was not found, the landlord should examine whether service was completed under the Turkish Notification Law. The landlord should not assume that preparing the notice alone is sufficient.

What Happens If the Tenant Pays Within 30 Days?

If the tenant pays the full legally due rental debt within the valid statutory period, the landlord cannot ordinarily obtain eviction based on that particular Article 315 default.

The principal purpose of the 30-day period is to provide the tenant with a final opportunity to cure the breach.

The landlord may still claim applicable interest and procedural expenses, depending on the payment and process. The delayed payment may also become relevant to a future action based on two justified notices.

The exact payment date should be established through bank records or receipts.

A transfer made on the final day should identify the relevant rental debt clearly. Tenants should not use vague descriptions such as “payment” or “money transfer.”

Payment After the 30-Day Period

Payment made after the statutory period has expired does not necessarily prevent eviction.

Once a valid payment period has ended without full performance, the landlord’s right to terminate may have arisen. A later payment may discharge the monetary debt but may not automatically eliminate the consequences of the completed default.

The result depends on the selected procedure, the timing of payment, the landlord’s conduct and whether the landlord subsequently accepted continuation of the relationship.

Landlords should avoid conduct that creates uncertainty about whether the termination right has been waived. Tenants should not assume that payment made after the deadline guarantees that the rental relationship will continue.

Partial Payment

Partial payment does not ordinarily cure the default where part of the legally due rent remains unpaid at the end of the payment period.

For example, if TRY 60,000 of rent is legally due and the tenant pays only TRY 40,000, the remaining TRY 20,000 may preserve the default.

However, the landlord’s calculation must itself be legally correct.

If the disputed balance arises solely from an unlawful rent increase, the tenant may argue that the legally due rent was paid in full.

Both parties should therefore separate:

• Undisputed contractual rent;
• Disputed rental differences;
• Interest;
• Enforcement expenses; and
• Ancillary charges.

A tenant disputing one component should generally continue paying the undisputed rental amount on time.

Non-Judicial Enforcement for Unpaid Rent and Eviction

The Enforcement and Bankruptcy Law provides a special procedure allowing the landlord to seek both collection of unpaid rent and eviction without first obtaining an ordinary civil court judgment.

The landlord applies to the enforcement office and requests issuance of a payment order.

The payment order notifies the tenant of:

• The claimed debt;
• The right to object;
• The statutory payment period; and
• The risk of eviction if the debt remains unpaid.

The tenant generally has seven days following service to submit an objection to the enforcement office. The Enforcement and Bankruptcy Law’s current consolidated text states that a debtor wishing to object must notify the enforcement office within seven days after service of the payment order.

For residential and roofed workplace leases, the tenant is generally granted 30 days to pay the due rental debt, consistent with Article 315.

The objection period and payment period are different. A tenant should not confuse the seven-day period for challenging the proceeding with the 30-day period for payment.

What Happens If the Tenant Does Not Object or Pay?

If the tenant neither objects nor pays within the relevant period, the landlord may request eviction from the enforcement court.

Under Article 269/a of the Enforcement and Bankruptcy Law, where the debtor does not object and does not pay within the warning period, the landlord may request eviction within six months following expiry of that period.

The landlord must take this additional step. The tenant is not physically evicted automatically on the 31st day.

The enforcement court examines the file and may issue an eviction order if the statutory conditions have been satisfied.

Following an enforceable decision, physical possession is recovered through the enforcement office if the tenant does not leave voluntarily.

The landlord must not personally enter the property or remove the tenant’s belongings.

Tenant Objection to the Payment Order

The tenant may object to the enforcement proceeding within seven days of service.

The objection may concern:

• The existence of the rental relationship;
• The tenant’s signature on the agreement;
• The rent amount;
• The due date;
• Payment;
• The annual increase;
• The landlord’s authority;
• Set-off;
• The identity of the creditor; or
• Another matter affecting the claimed debt.

A timely objection generally stops the enforcement proceeding to the extent of the objection.

The landlord must then use the appropriate legal mechanism to overcome the objection.

The procedure depends on whether the tenant denies the rental agreement or signature, admits the agreement but claims payment or challenges only part of the debt.

Denial of the Rental Agreement or Signature

If the tenant denies the rental agreement or the signature attributed to the tenant, the landlord’s next step depends significantly on the quality of the written evidence.

Article 269/b of the Enforcement and Bankruptcy Law specifically addresses objections denying the lease or the signature on the contract.

A notarised document, an agreement whose signature has been admitted or another document carrying the required evidentiary quality may allow the landlord to seek removal of the objection before the enforcement court.

Where the landlord relies only on an ordinary written document and the tenant properly denies the signature, the enforcement court’s limited examination may not be sufficient. A full civil action may become necessary.

Landlords should therefore preserve the original agreement and verify the tenant’s signature before commencing proceedings.

Objection Based on Payment

A tenant may admit the rental agreement but argue that the debt has already been paid.

In this situation, the tenant should submit reliable documentary evidence, such as:

• Bank transfers;
• Signed receipts;
• Written acknowledgements;
• Account statements;
• A legally valid set-off document; or
• Another recognised payment record.

Article 269/c regulates cases in which the tenant does not deny the rental agreement but raises an objection concerning payment or another matter affecting the debt.

Cash payment without a receipt creates a substantial evidentiary risk.

A tenant who routinely pays in cash should obtain a signed receipt identifying the relevant month, amount, date and property.

Removal of the Objection and Eviction

Where the tenant objects, the landlord may seek removal of the objection and eviction through the competent enforcement court if the statutory conditions are satisfied.

The request is subject to procedural periods. The current Enforcement and Bankruptcy Law refers to a six-month period for seeking removal of the objection in the relevant rental-enforcement procedure.

The enforcement court conducts a more limited examination than an ordinary civil court. The type of documents available is therefore critical.

If the dispute requires extensive evidence, witness examination or determination of the rental relationship itself, the landlord may need to pursue a broader civil claim.

Choosing the wrong remedy may result in dismissal and loss of time.

Is Mandatory Mediation Required Before Enforcement?

Prior mediation is not required before commencing the special non-judicial eviction procedure under the Enforcement and Bankruptcy Law.

Article 18/B of the Mediation Law expressly excludes eviction of rented immovable property through the non-judicial enforcement provisions from the mandatory mediation requirement.

This exception does not mean that every dispute concerning unpaid rent is exempt from mediation.

If the landlord files an ordinary lawsuit for unpaid rent or files a direct court-based eviction action under Article 315, mandatory mediation generally applies.

The exemption is linked to the special enforcement route rather than to the subject of unpaid rent in every possible procedure.

Direct Eviction Lawsuit for Non-Payment

A landlord may use the Article 315 written-notice route and file an eviction lawsuit after the tenant fails to pay within the valid 30-day period.

Before filing the court action, the landlord must generally complete mandatory mediation because the claim arises from the rental relationship and does not fall within the non-judicial enforcement exception.

The landlord applies to the mediation bureau and identifies:

• The rental property;
• The rental agreement;
• The unpaid months;
• The amount due;
• The written default notice;
• The date of service;
• The expiration of the payment period; and
• The requested eviction.

If no agreement is reached, the mediator prepares a final non-settlement report.

The landlord must then submit the report with the statement of claim. If a covered lawsuit is filed without any prior mediation application, it is dismissed procedurally without examination of the underlying default.

Time and Effect of Mandatory Mediation

The mediator must ordinarily complete the mandatory process within three weeks after appointment. This period may be extended by no more than one additional week in compulsory circumstances.

From the mediation application until preparation of the final report, limitation periods are suspended and forfeiture periods do not run.

Although an Article 315 eviction claim does not operate through the same one-month lawsuit period applicable to some other eviction grounds, the landlord should still act promptly.

Delay may create evidentiary problems and disputes over whether the landlord accepted continuation of the rental relationship.

Which Court Handles the Eviction Lawsuit?

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

Article 4 of the Code of Civil Procedure expressly assigns rental disputes, including rental receivable claims, to Civil Courts of Peace. The special non-judicial eviction procedure under the Enforcement and Bankruptcy Law remains outside this ordinary jurisdiction rule.

The case may generally be filed before the court at the tenant’s residence or the place where the rental agreement is performed, subject to the applicable jurisdiction rules. Contractual claims may also be brought at the place of performance.

A dispute before the enforcement court should not be confused with an ordinary rental lawsuit before the Civil Court of Peace.

Evidence Required by the Landlord

The landlord should prepare a complete and chronological file.

Important evidence includes:

• The original rental agreement;
• Renewal protocols;
• Title deed records;
• Bank statements;
• A rent ledger;
• The written default notice;
• Notarial service documents;
• The enforcement payment order;
• Service certificates;
• The mediation final report;
• The tenant’s objections;
• Records of partial payments; and
• Communications acknowledging the debt.

The rent ledger should identify each month separately.

For every rental instalment, the landlord should record:

• The contractual due date;
• The rent legally payable;
• The amount received;
• The payment date;
• The unpaid balance; and
• The legal action taken.

General allegations that the tenant “has not paid for several months” are less persuasive than a clear month-by-month calculation.

Evidence Available to the Tenant

A tenant defending an unpaid-rent proceeding should preserve:

• Bank transfers;
• Cash receipts;
• Messages confirming payment;
• The rental agreement;
• Increase calculations;
• Notices concerning defects;
• Deposit documents;
• Evidence of set-off;
• Communications with the former and new owner; and
• The enforcement payment order.

A bank transfer should identify the month. For example, “August 2026 apartment rent” is safer than “payment.”

Where the landlord has changed bank accounts, the tenant should obtain written confirmation of the new payment instructions.

Where ownership has changed, the tenant should verify the new owner before redirecting rent.

Unlawful Rent Increases and Default Proceedings

A landlord may not create a valid eviction claim by demanding a rental amount that is not legally due.

For residential and roofed workplace leases, contractual clauses imposing a penalty merely because rent was paid late or providing that all future rents become immediately due are invalid under Article 346.

If the landlord claims an unlawful annual increase, the tenant may challenge the difference.

However, the tenant should continue paying the undisputed rent.

Paying nothing because part of the increase is disputed may expose the tenant to default based on the amount that is unquestionably due.

The safest approach is to pay the undisputed amount on time and clearly reserve the right to challenge the additional demand.

Can the Tenant Use the Security Deposit as Rent?

The tenant should not unilaterally treat the security deposit as the final month’s rent.

The deposit is intended to secure claims that will be assessed when the rental relationship ends, including unpaid rent and damage exceeding ordinary wear.

Unless the landlord agrees or the legal requirements for set-off are satisfied, the tenant must continue paying rent separately.

A tenant who says, “Use the deposit for this month,” may still be treated as having failed to pay rent.

The parties may agree in writing to apply part or all of the security deposit to a rental debt. Such an agreement should identify the amount, month and remaining deposit balance.

Ancillary Expenses

Article 315 refers not only to rent but also to due ancillary expenses.

For residential and roofed workplace leases, ordinary usage expenses may include heating, lighting and water where the contractual and statutory allocation makes the tenant responsible. Article 341 also requires the party paying such expenses to provide supporting documents upon request.

Not every building or ownership expense belongs to the tenant.

Structural costs, capital improvements and ownership-related charges may remain the landlord’s responsibility.

Before relying on unpaid ancillary expenses for termination, the landlord should establish:

• The legal nature of the expense;
• The tenant’s contractual responsibility;
• The relevant period;
• The amount;
• Supporting invoices; and
• The payment due date.

An uncertain management charge should not be combined with rent in a way that makes the entire default demand unclear.

Eviction Due to Two Justified Notices

Even if the tenant pays within each 30-day period and avoids immediate eviction, repeated delays may create another eviction ground.

Under Article 352/2, where the tenant causes two justified written notices because of non-payment within the same legally relevant rental period, the landlord may seek eviction after that period ends.

For a lease of one year or longer, both notices must ordinarily arise within the same rental year. The landlord must file the eviction lawsuit within one month following the end of the rental year in which the notices occurred.

A payment made after receipt of a justified notice does not necessarily eliminate that notice for the two-notice procedure.

However, the notices must relate to separate defaults. A landlord cannot artificially divide one existing debt into multiple demands merely to manufacture the required number of notices.

A two-justified-notices lawsuit is a court-based rental dispute and is therefore subject to mandatory mediation.

Difference Between Immediate Default Eviction and Two Justified Notices

These two mechanisms are frequently confused.

In an immediate default case, the tenant fails to pay within the 30-day cure period. The landlord seeks eviction because the payment default was not corrected in time.

In a two-justified-notices case, the tenant may have paid after each written demand. The landlord seeks eviction because repeated late payments forced formal action twice within the same rental year.

Immediate default eviction may be pursued after one uncured default.

Two-notice eviction requires two separate justified written demands and ordinarily becomes actionable only after the relevant rental year ends.

The landlord should identify the selected legal ground clearly in mediation and litigation.

Limitation Period for Unpaid Rent Claims

Claims for rental payments are generally subject to a five-year limitation period under Article 147 of the Turkish Code of Obligations.

The period begins when the individual rental instalment becomes due. Initiating a lawsuit or enforcement proceeding interrupts the limitation period.

Each monthly instalment should therefore be examined separately.

The fact that a rental agreement continues for many years does not mean that every historical unpaid amount remains indefinitely enforceable.

Landlords should not delay collection solely because the tenant continues occupying the property.

Tenants should identify the relevant due dates if a landlord seeks payment of old rental debts.

Can the Landlord Change the Locks?

No. Non-payment does not authorise self-help eviction.

The landlord should not:

• Change the locks;
• Enter the property without permission;
• Remove the tenant’s possessions;
• Disconnect water, electricity or natural gas;
• Block access to the premises; or
• Threaten the tenant into leaving.

Possession must be recovered through voluntary handover, a binding settlement or formal enforcement of an eviction decision.

Self-help measures may expose the landlord to civil compensation and, depending on the conduct, criminal proceedings.

The tenant’s non-payment and the landlord’s unlawful conduct are legally separate issues. One does not justify the other.

Can the Tenant Withhold Rent Because of Defects?

A defect in the property may give the tenant rights to repair, reduction, compensation or termination under the applicable provisions.

However, the tenant should not automatically stop paying the entire rent.

A court or enforcement authority may later determine that the alleged defect did not justify complete non-payment.

The tenant should notify the landlord in writing, document the defect and obtain legal advice concerning the appropriate remedy.

Where only part of the rental value is affected, withholding every rental instalment may be disproportionate and create an eviction risk.

Multiple Tenants

Where more than one person is named as tenant, notices and proceedings should be structured carefully.

A notice served only on one tenant may not be sufficient where all contractual tenants’ rights and obligations are affected.

If the property is a family home and the non-contracting spouse has acquired tenant status through the statutory notification mechanism, payment periods connected with termination may need to be notified separately to the tenant and spouse. The Turkish Code of Obligations expressly addresses separate notification in this situation.

The landlord should review the agreement, family-home notifications and actual occupants before commencing proceedings.

Sale of the Property During Default

If the rented property is sold, the purchaser generally becomes the new landlord under the continuing rental agreement.

Rental debts accruing before and after acquisition should be distinguished.

The former landlord may remain entitled to debts that became due before transfer unless the receivables were also assigned. The new owner generally becomes entitled to rent accruing after acquisition.

A tenant should not be required to pay the same debt twice because of disagreement between the seller and purchaser.

The title transfer date, assignment provisions and written payment instructions should be reviewed.

Foreign Tenants and Foreign Landlords

The same principal rental and enforcement rules generally apply where one or both parties are foreign nationals or foreign companies.

A foreign tenant should not ignore a Turkish payment order because the document is not understood. The seven-day objection period is short and may expire before a translation or informal negotiation is completed.

A foreign landlord should ensure that notices, powers of attorney, ownership records and translations are prepared correctly.

Where the tenant or landlord is a company, the legal entity should be identified by its correct registered title. Proceedings should not be directed only against a manager, employee or shareholder unless that person is separately liable.

Settlement During Mediation

Where a court-based claim is contemplated, mediation may allow the parties to resolve both the monetary debt and possession.

A settlement may regulate:

• The acknowledged rental debt;
• Interest;
• An instalment plan;
• The final payment date;
• An exact evacuation date;
• Continued rent until handover;
• Return of the deposit;
• Utility expenses;
• Property damage;
• Key delivery; and
• Waiver of further claims.

An evacuation agreement should contain a definite calendar date.

The parties should also state whether failure to pay one instalment accelerates the remaining settlement debt and whether that clause complies with mandatory rental-law restrictions.

Agreements within Article 18/B require the statutory enforceability annotation from the competent Civil Court of Peace.

Common Mistakes Made by Landlords

One common mistake is demanding rent that has not yet become due.

Another is calculating the annual increase incorrectly and treating the disputed difference as an undisputed rental debt.

Other mistakes include:

• Granting less than 30 days;
• Calculating the period from the notice date rather than service;
• Failing to include a clear termination warning;
• Serving the wrong person;
• Failing to preserve the service certificate;
• Combining unclear ancillary expenses with rent;
• Missing the enforcement-court application period;
• Filing an ordinary lawsuit without mediation;
• Choosing the wrong court; and
• Attempting self-help eviction.

The landlord should verify the entire payment history before issuing the first formal demand.

Common Mistakes Made by Tenants

A frequent mistake is ignoring the payment order or notarial notice.

Another is assuming that informal communication with the landlord suspends the statutory objection or payment periods.

Other mistakes include:

• Paying cash without obtaining a receipt;
• Using an unclear bank-transfer description;
• Paying only after the 30-day period;
• Treating the deposit as rent;
• Stopping all payments because an increase is disputed;
• Failing to object within seven days;
• Objecting without identifying the legal or factual grounds;
• Continuing to pay a former owner after confirmed transfer; and
• Assuming that later payment always prevents eviction.

A tenant receiving formal documents should calculate every deadline immediately.

Practical Strategy for Landlords

The landlord should begin by confirming the exact rent legally payable and the due date.

A written rent ledger should be prepared, and all bank records should be compared with the agreement.

The landlord should then decide whether to use:

• A written Article 315 notice followed by mediation and litigation;
• Non-judicial enforcement for rent and eviction;
• An ordinary rent-receivable claim;
• Two justified notices; or
• A negotiated payment and evacuation settlement.

The legal route should be selected before documents are served because each procedure has different deadlines and evidentiary requirements.

Practical Strategy for Tenants

The tenant should pay the undisputed rent on time, even where another part of the claim is contested.

After receiving a notice or payment order, the tenant should check:

• Whether the rent was due;
• Whether the amount is correct;
• Whether payment has already been made;
• Whether the increase is lawful;
• Whether the claimant is the proper landlord;
• Whether the proceeding concerns rent or another expense;
• The seven-day objection deadline; and
• The 30-day payment deadline.

All payments should be made through a traceable method.

Where payment is impossible, the tenant may seek a written restructuring or evacuation agreement rather than allowing the procedural periods to expire without action.

Frequently Asked Questions

How long does a tenant have to pay unpaid rent?

For residential and roofed workplace leases, a valid default notice or enforcement payment order must generally provide at least 30 days.

When does the 30-day period begin?

It begins on the day following legal service of the written notice or payment order.

How long does the tenant have to object to an enforcement payment order?

The tenant generally has seven days from service to submit an objection to the enforcement office.

Does an objection eliminate the debt?

No. An objection stops the enforcement proceeding to the extent of the objection, but the landlord may seek removal or annulment of the objection.

Can the landlord obtain both rent and eviction?

Yes. The special non-judicial procedure may seek payment and eviction in the same enforcement process.

Is mediation required before commencing enforcement?

Not before using the special non-judicial eviction procedure under the Enforcement and Bankruptcy Law.

Is mediation required before a direct eviction lawsuit?

Yes. An ordinary court-based eviction claim arising from non-payment is generally subject to mandatory mediation.

What happens if the tenant pays within 30 days?

Timely payment normally prevents immediate eviction based on that particular default.

What happens if payment is made after 30 days?

The landlord’s termination right may already have arisen. Late payment does not automatically prevent eviction.

Can partial payment prevent eviction?

Only if no legally due rental balance remains. An unpaid balance may preserve the default.

Can the tenant use the deposit for unpaid rent?

Not unilaterally. A written agreement or legally valid set-off is required.

Can late payments support another eviction ground?

Yes. Two separate justified written notices within the same relevant rental year may support an eviction lawsuit after that year ends.

Which court hears the ordinary eviction lawsuit?

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

How long may unpaid rent be claimed?

Rental-payment claims are generally subject to a five-year limitation period calculated separately from each due date.

Can the landlord change the locks?

No. Physical possession must be recovered through lawful enforcement procedures.

Conclusion

Unpaid rent and eviction proceedings in Turkey require careful coordination of substantive rental law, enforcement law and procedural deadlines.

The tenant’s duty to pay rent is clear, but the landlord must still use a legally valid method to collect the debt and recover possession.

Under Article 315 of the Turkish Code of Obligations, residential and roofed workplace tenants must generally receive a written payment period of at least 30 days. The period begins on the day following service.

If the tenant pays within the period, immediate eviction based on that particular default is ordinarily prevented. If payment is not completed in time, the landlord may acquire the right to terminate and seek eviction.

The landlord may also commence non-judicial enforcement proceedings under the Enforcement and Bankruptcy Law. The tenant generally has seven days to object and 30 days to pay.

Where no objection or payment is made, the landlord must request the necessary eviction order through the enforcement system. Where an objection is filed, the landlord must select the appropriate procedure according to the nature of the objection and available documents.

Mandatory mediation is generally required before an ordinary rental lawsuit but not before the special non-judicial eviction procedure.

Repeated late payments may also create the separate ground of two justified notices, even where the tenant eventually pays after each demand.

Landlords should ensure that the demanded amount is legally due, the notice is properly served and every deadline is recorded.

Tenants should preserve payment evidence, respond to official documents immediately and continue paying any undisputed rent.

Neither side should use informal assumptions. A single incorrect amount, missed objection period or defective notice may determine the entire outcome.

Legal Disclaimer: This article provides general information concerning unpaid rent and eviction proceedings in Turkey and does not constitute legal advice. Each dispute must be evaluated according to the rental agreement, payment records, rent calculations, notices, service documents, enforcement file, mediation process and specific circumstances of the parties.