Eviction Due to Reconstruction and Major Renovation in Turkey

A landlord who intends to demolish, reconstruct, extend or substantially renovate a rented property may need the tenant to vacate before construction work begins. Turkish rental law recognises reconstruction and major renovation as a statutory ground for terminating residential and roofed commercial leases.

However, not every repair, decoration project or property improvement allows the landlord to evict the tenant.

Painting the walls, replacing kitchen cabinets, renewing flooring, carrying out routine maintenance or modernising the property to increase its market rent will not automatically satisfy the statutory conditions. The proposed construction must involve reconstruction or a substantial repair, extension or alteration performed for development purposes, and continued use of the rented premises during the work must be impossible.

The principal legal provision is Article 350/2 of the Turkish Code of Obligations No. 6098. It allows the landlord to terminate the rental agreement through a lawsuit where reconstruction or development requires substantial repair, enlargement or alteration of the property and the premises cannot be used while the work is carried out. For fixed-term agreements, the lawsuit must generally be filed within one month following the end of the contractual period. For indefinite-term agreements, it must be filed within one month following the termination date calculated according to the general notice rules.

The law protects tenants against fictitious renovation claims. The landlord must prove a genuine, legally feasible and technically substantial construction project. Judicial practice generally requires an approved architectural or preliminary project and expert examination of whether the work is substantial and whether occupation can continue during construction.

Since 1 September 2023, mandatory mediation must also generally be completed before an eviction lawsuit arising from a rental relationship is filed. If mediation does not produce a settlement, the case is ordinarily heard by the Civil Court of Peace.

This guide explains eviction due to reconstruction and major renovation in Turkey, including the statutory conditions, filing deadlines, project and permit requirements, evidence, tenant defences, mandatory mediation, court proceedings and the former tenant’s rights after construction is completed.

Legal Basis of Reconstruction and Renovation Eviction

Article 350 of the Turkish Code of Obligations regulates termination based on reasons arising from the landlord.

The second ground under the article concerns circumstances in which:

• The rented property will be reconstructed;
• Development requires substantial repair;
• The property will be enlarged;
• The property will be materially altered; and
• Continued use during the work is impossible.

These conditions are cumulative. The landlord must establish more than a general intention to improve the premises.

The action is designed to allow necessary development work that cannot reasonably be performed while the tenant remains in occupation. It is not intended to provide a general mechanism for replacing an existing tenant with another tenant willing to pay a higher rent.

The landlord must therefore prove both the nature of the project and its practical effect on the tenant’s ability to continue using the property.

Which Rental Properties Are Covered?

Article 350 primarily applies within the special regime governing residential and roofed workplace leases.

Covered properties may include:

• Apartments;
• Houses;
• Villas;
• Offices;
• Shops;
• Restaurants;
• Clinics;
• Workshops;
• Hotels;
• Roofed warehouses; and
• Other enclosed commercial premises.

Whether a particular rental falls within the protected category depends on the physical characteristics and agreed purpose of the property.

A dispute concerning open land, agricultural property, an uncovered storage area or another property outside the residential and roofed workplace regime may require a different legal analysis.

The construction ground may be used for both residential and commercial tenants. A business tenant does not lose statutory protection merely because the tenant is a company or merchant.

Who May File the Eviction Lawsuit?

Article 350 refers to the landlord’s right to terminate the agreement through litigation.

The contractual landlord may therefore bring the action where that person has the legal authority required to carry out the proposed construction.

The registered owner may also have standing, particularly where ownership and landlord status have become separated. However, a person who is neither the owner nor properly authorised to perform the proposed construction may face an objection concerning standing and legal authority.

A non-owner landlord relying on reconstruction should establish that the owner has authorised the project and that the claimant has the legal ability to implement it.

Where the property is jointly owned, the necessary participation or approval of the owners must be examined according to the ownership structure and procedural law.

The following documents may become relevant:

• Title deed records;
• The rental agreement;
• Powers of attorney;
• Co-ownership resolutions;
• Construction agreements;
• Development agreements;
• Corporate resolutions; and
• Authorisations given to the contractual landlord.

What Does Reconstruction Mean?

Reconstruction generally involves demolishing the existing building or a substantial part of it and constructing a new structure.

Where the building will be completely demolished, the impossibility of continued occupation is generally evident. The tenant cannot remain in a building that will cease to exist.

Examples may include:

• Complete demolition and rebuilding;
• Replacement of an old building with a new building;
• Reconstruction following serious structural damage;
• Demolition required for a major development project;
• Combining parcels and rebuilding the property;
• Replacement of a low-rise building with a new development; and
• Reconstruction following a legally supported structural-risk assessment.

The landlord must nevertheless demonstrate that the project is genuine and legally capable of implementation.

A general statement that the building may be demolished at an unspecified future date will not carry the same evidentiary value as an approved project, demolition decision, development agreement or documented municipal process.

What Is Major Renovation?

Major renovation is not defined solely by cost.

A repair may be expensive but still not require the tenant to vacate. Another project may involve a smaller budget but make occupation impossible because it affects essential structural systems.

The work must generally be substantial and performed for reconstruction or development purposes.

Examples that may qualify, depending on the project, include:

• Structural strengthening;
• Major intervention in columns or load-bearing walls;
• Comprehensive replacement of essential building systems;
• Combining two independent units;
• Dividing a large commercial unit into new independent sections;
• Adding a new floor or substantial extension;
• Altering the building’s principal layout;
• Converting the property to a materially different lawful use;
• Replacing the roof together with extensive structural work; and
• Comprehensive renovation requiring removal of walls, utilities and internal systems.

The substantial character of the project is ordinarily assessed through an on-site inspection and technical expert evidence. The expert should evaluate both the construction work and whether the premises can remain occupied while it is performed.

Minor Repairs Do Not Justify Eviction

Routine maintenance and cosmetic renovation are generally insufficient.

The following work will not ordinarily justify permanent eviction by itself:

• Ordinary painting;
• Wallpaper replacement;
• Minor floor repairs;
• Replacement of cabinets;
• Renewal of bathroom fixtures;
• Small electrical repairs;
• Installation of decorative lighting;
• Routine plumbing maintenance;
• Replacement of doors; or
• Modernisation that can be performed section by section while occupation continues.

The decisive question is not whether the landlord prefers the property to be vacant.

The question is whether the proposed work is objectively substantial and whether the tenant’s continued use is technically impossible during implementation.

Judicial practice has rejected claims where the proposed changes were simple rather than substantial and development-oriented.

The Work Must Be Necessary

Article 350 uses language indicating that reconstruction, substantial repair, enlargement or alteration must be necessary for the intended development.

A merely hypothetical project or optional decoration plan may not be sufficient.

The requirement of necessity does not mean that the building must be at immediate risk of collapse. A lawful development intended to improve, strengthen, enlarge or materially reorganise the property may potentially qualify.

However, the landlord must show that the identified project requires the particular work and that the work cannot reasonably be achieved through minor intervention while the tenant remains.

The court may examine:

• The building’s present condition;
• The age of the structure;
• Structural reports;
• The proposed new use;
• Development objectives;
• Municipal requirements;
• Architectural drawings;
• Whether less intrusive work is possible; and
• Whether the claimed project is technically coherent.

The project must be concrete rather than speculative.

The Project Must Be Legally Feasible

A landlord cannot obtain eviction for a construction project that cannot lawfully be carried out.

The proposed work should comply with:

• Zoning rules;
• Construction legislation;
• Condominium rules;
• Municipal requirements;
• Heritage restrictions;
• Fire-safety requirements;
• Planning regulations; and
• Other applicable administrative rules.

A project requiring municipal approval should be supported by the relevant approved documents or evidence demonstrating that approval can legally be obtained.

A proposed conversion that is prohibited by zoning law, condominium use restrictions or the building’s legal status should not ordinarily support eviction.

The tenant may challenge the case by demonstrating that the alleged project is legally impossible, that the necessary owner approvals are missing or that the architectural plan conflicts with the property’s registered status.

Approved Architectural or Preliminary Project

Court of Cassation practice generally requires submission of a municipality-approved architectural project or an approved preliminary project in reconstruction and substantial renovation cases.

The project must relate to the actual property and must allow the court and technical experts to assess:

• The scope of construction;
• Whether the work is substantial;
• Whether it is development-oriented;
• Which parts of the premises will be affected;
• Whether the project is technically applicable; and
• Whether the tenant can remain during the work.

Judicial decisions have stated that the approved project does not necessarily have to be submitted on the exact date the lawsuit is filed. It may be presented during the proceedings, provided that the required project is available for judicial examination before the case is decided.

Nevertheless, commencing litigation without a developed project creates serious risk. A landlord should complete as much of the technical and administrative preparation as possible before mediation and litigation.

Is a Construction Permit Required?

Whether a full construction permit must already have been issued depends on the nature and stage of the project.

Some projects may require demolition before the final permit can be obtained. In such cases, an approved preliminary project or other municipal documentation may be used to demonstrate legal feasibility.

The court’s central concern is whether the project is genuine, technically applicable and supported by official documentation rather than a private, unapproved sketch prepared solely for the lawsuit.

A private architectural drawing without municipal approval may be insufficient where official approval is legally required.

The landlord should submit:

• Approved architectural plans;
• Preliminary project approval;
• Construction or renovation permits;
• Demolition permits or decisions;
• Municipal correspondence;
• Structural reports;
• Contractor agreements; and
• Other documents proving implementation capacity.

Continued Use Must Be Impossible

One of the strictest conditions under Article 350 is that the tenant must be unable to use the premises while the construction is carried out.

Mere inconvenience is not enough.

Noise, dust, temporary access restrictions or reduced comfort do not automatically establish legal impossibility of use.

The court must determine whether the project makes continued residential or commercial occupation objectively impossible.

Relevant factors may include:

• Removal of the roof;
• Demolition of walls or floors;
• Disconnection of water and electricity;
• Structural intervention;
• Removal of essential access;
• Fire or safety risk;
• Complete replacement of plumbing and electrical systems;
• Inability to operate the agreed business; and
• The length and intensity of the work.

If the work can reasonably be performed while the tenant continues using the property, an Article 350 eviction request may be rejected.

Temporary Inconvenience Is Not Enough

The purpose of Article 350 is to terminate the rental agreement where construction and continued occupation cannot coexist.

It should not be used merely because the landlord would find renovation easier or faster without the tenant.

For example, replacing kitchen cabinets in a residence may cause inconvenience but may not make the entire property unusable.

By contrast, removing all internal walls, electrical systems, plumbing and flooring may make occupation objectively impossible.

For commercial property, the court should consider the agreed business activity. A shop may technically remain accessible, but construction that prevents customer entry, lawful operation or safe use may still render the premises unusable for the contractual purpose.

Permanent Eviction Versus Temporary Vacation

An Article 350 lawsuit seeks termination of the rental agreement rather than a temporary suspension of possession.

If the statutory conditions are satisfied, the court ends the lease and orders evacuation. The tenant does not automatically return under the same agreement when the work is completed.

However, Article 355 gives the former tenant a priority right to rent the reconstructed or renovated property under its new condition and new rent.

The distinction is important:

• The old rental agreement ends.
• The tenant vacates the property.
• Construction is completed.
• The landlord must comply with the former tenant’s statutory priority rights.
• A new rental relationship may then be created if the former tenant exercises the right.

The court must determine whether the work actually requires termination rather than a manageable temporary access arrangement.

Fixed-Term Lease Filing Period

For a fixed-term residential or roofed workplace lease, the landlord may file the reconstruction or major renovation eviction lawsuit within one month following the end of the contractual period.

For example, if the rental period ends on 31 December, the ordinary filing period begins on 1 January and lasts for one month.

The landlord should calculate the contractual period according to:

• The original agreement;
• Valid renewal agreements;
• Later protocols;
• The actual commencement date; and
• Statutory extension rules.

The mere expiry of the original written term does not automatically terminate a protected rental agreement. Article 350 provides a specific action that must be filed within the statutory period.

Indefinite-Term Lease Filing Period

For an indefinite-term agreement, the landlord must first determine the applicable termination date under the general rental provisions.

The statutory notice and termination periods must be observed. The landlord may then file the lawsuit within one month beginning from the properly calculated termination date.

The analysis may involve:

• The rental commencement date;
• Six-month rental periods;
• The applicable three-month notice period;
• Contractual notice clauses; and
• Local custom where legally relevant.

Incorrectly treating a fixed-term lease as indefinite, or vice versa, may lead to filing the case outside the proper period.

Is a Notice Required Before the Lawsuit?

Article 350 does not make a separate pre-lawsuit warning an absolute substantive condition in the same manner as certain default or breach provisions.

A landlord may therefore file the action within the statutory period without having previously served a special renovation notice, provided mandatory mediation has been completed.

Nevertheless, a written notice is strongly advisable.

The notice may:

• Explain the project;
• Request voluntary vacation;
• Facilitate settlement;
• Establish the landlord’s intention;
• Provide practical time for relocation;
• Support mediation; and
• Extend the lawsuit period under Article 353 where its conditions are satisfied.

A notice should identify the property, project, legal ground and intended termination date clearly.

Extension of the Lawsuit Period Under Article 353

Article 353 protects the landlord who gives timely written notice of the intention to file an eviction lawsuit.

If the landlord notifies the tenant in writing, no later than the end of the period prescribed for filing the action, that a lawsuit will be filed, the filing period is deemed extended for one rental year.

For example, if the ordinary one-month filing period would expire at the end of January, a qualifying written notice served within that period may preserve the right for an additional rental year.

The notice should expressly state the intention to bring an eviction action based on reconstruction or major renovation. A general notification concerning future renovation may not provide the same certainty.

Article 353 is particularly important because preparation of approved projects, municipal documentation and mandatory mediation may require time.

Mandatory Mediation Before Litigation

Eviction due to reconstruction or major renovation is a dispute arising from a rental relationship and is therefore generally subject to mandatory mediation.

The landlord must apply to the competent mediation bureau before filing the lawsuit.

The mediation application should identify:

• The rented property;
• The rental agreement;
• The proposed reconstruction or renovation;
• The statutory ground;
• The contractual expiry or termination date;
• The project documents;
• The requested evacuation date;
• Security deposit issues;
• Rent payable until handover; and
• Any proposed settlement terms.

If the parties cannot agree, the mediator issues a final non-settlement report.

The landlord must submit or properly reference the final report when filing the lawsuit. A covered action filed without completing mandatory mediation is subject to procedural dismissal.

Settlement During Mediation

Mediation may help the parties avoid lengthy technical litigation.

A settlement may regulate:

• The exact evacuation date;
• Additional relocation time;
• Rent payable until delivery;
• Return of the security deposit;
• Inspection of the property;
• Key delivery;
• Outstanding utilities and common expenses;
• Removal of tenant-owned fixtures;
• Storage arrangements;
• The former tenant’s post-renovation priority right; and
• Written notification after construction is completed.

The agreement should use exact dates and clearly identify the condition in which the property will be returned.

A landlord should avoid seeking a broad waiver of every future statutory right without considering whether the waiver is legally valid.

The tenant should not sign an immediate evacuation agreement without understanding how the deposit, fixtures, moving expenses and priority right will be handled.

Which Court Handles the Case?

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

This jurisdiction includes termination and eviction actions based on reconstruction or major renovation.

Territorial jurisdiction may generally be connected with:

• The tenant’s residence;
• The place where the rental agreement is performed;
• The location of the property; and
• A valid jurisdiction clause where applicable.

The lawsuit should be filed against all persons who are contractual tenants and whose possession rights will be affected.

Evidence Required from the Landlord

The landlord carries the burden of proving the legal and technical conditions of the eviction ground.

Important evidence may include:

• The rental agreement;
• Title deed records;
• Approved architectural or preliminary projects;
• Construction permits;
• Demolition decisions;
• Municipal correspondence;
• Structural-risk reports;
• Engineering reports;
• Contractor agreements;
• Development agreements;
• Condominium resolutions;
• Photographs;
• The written notice;
• Proof of service;
• The mediation final report; and
• Evidence of the claimant’s authority to implement the project.

The documents should present a coherent project.

A demolition statement that conflicts with a minor internal renovation plan may undermine credibility. Similarly, a project relating to another parcel or building will not prove the conditions for the rented property.

On-Site Inspection and Expert Evidence

Courts commonly conduct an on-site inspection and appoint technical experts.

The expert panel may include:

• Architects;
• Civil engineers;
• Construction engineers;
• Real estate specialists; and
• Other professionals relevant to the project.

The experts may be asked to determine:

• Whether the project concerns the correct property;
• Whether it is approved and applicable;
• Whether the proposed work is substantial;
• Whether it is reconstruction or development-oriented;
• Whether continued occupation is possible;
• Whether the work can be performed in stages;
• Whether the project complies with the existing structure; and
• Whether complete evacuation is technically necessary.

The court is not bound blindly by an incomplete expert report. The report must address the statutory conditions, approved project and actual physical property.

Tenant Defences

The tenant may challenge the action on substantive or procedural grounds.

Possible defences include:

• The work is cosmetic or minor;
• The project is not approved;
• The project does not relate to the rented premises;
• The construction is not legally feasible;
• Necessary owner or condominium approvals are missing;
• Continued occupation is possible;
• Only part of the property is affected;
• The claimant lacks authority;
• The lawsuit was filed late;
• Article 353 notice was ineffective;
• Mandatory mediation was not completed;
• Not all tenants were included;
• The project is speculative; or
• The property will actually be rented to another person without genuine construction.

The tenant may request an on-site inspection and expert examination.

General arguments that the tenant has paid rent regularly or has occupied the property for many years will not independently defeat a valid reconstruction claim.

Can Only Part of the Property Be Evacuated?

Some projects affect only a specific section of a large property.

The court should examine whether complete evacuation is necessary or whether the work can be performed by vacating only the affected area.

If the landlord requests evacuation of an entire commercial property but technical evidence shows that the construction concerns a separate section and the tenant can continue using the remainder safely, the complete eviction request may be challenged.

However, a rental agreement ordinarily concerns the property as a contractual whole. The practical and legal effect of partial use depends on:

• The lease description;
• The approved project;
• Separate access;
• Safety;
• Utility systems;
• The tenant’s business operations; and
• Whether the unaffected part remains suitable for the agreed use.

Urban Transformation and Risky Buildings

A property may also require evacuation because it has been identified as risky under urban transformation legislation or because an administrative demolition process has begun.

In such cases, several legal systems may operate simultaneously:

• Turkish rental law;
• Urban transformation legislation;
• Administrative demolition rules;
• Condominium law;
• Municipal law; and
• Construction law.

A compulsory evacuation or demolition decision may provide strong evidence that continued occupation is impossible.

However, the parties should identify whether possession will be recovered through the administrative process, Article 350 litigation or another legal mechanism.

The existence of a general plan for urban transformation does not automatically prove that every statutory and procedural condition for a private rental eviction lawsuit has been satisfied.

Rent Payments During the Lawsuit

The tenant must generally continue paying rent while the rental agreement and occupation continue.

The landlord’s intention to reconstruct the property does not suspend the tenant’s existing payment obligations.

The tenant should continue paying through a traceable method until:

• The property is properly returned;
• The parties reach another agreement;
• The rental relationship legally ends; or
• A court or enforcement process produces a different result.

The landlord should not refuse rent solely to create an artificial default.

Acceptance of rent during the proceedings does not necessarily waive the reconstruction claim, particularly where payments are accepted under an express reservation.

Can the Landlord Change the Locks?

No.

Even where the landlord possesses an approved reconstruction project, the tenant cannot be physically removed without voluntary handover or lawful enforcement of an eviction decision.

The landlord should not:

• Change the locks;
• Remove the tenant’s property;
• Disconnect utilities;
• Block access;
• Begin demolition while the tenant remains;
• Enter without consent; or
• Use construction pressure to force departure.

Such conduct may create civil liability and, depending on the circumstances, criminal or administrative consequences.

The lawful process is mediation, litigation, judgment and formal enforcement where voluntary delivery does not occur.

Return of the Property and Key Delivery

When the tenant vacates, the parties should prepare a detailed handover report.

The document should record:

• The delivery date;
• Keys and access devices;
• Meter readings;
• Furniture and fixtures;
• Tenant-owned improvements;
• Property condition;
• Outstanding rent;
• Common expenses;
• Security deposit;
• Items to be removed before demolition; and
• Reserved claims.

The landlord should inspect the property promptly.

Where the building will be demolished, disputes over minor cosmetic damage may have little practical relevance. Nevertheless, unpaid rent, missing equipment or damage to items intended for reuse may remain legally important.

The Three-Year Re-Letting Prohibition

Article 355 protects the former tenant after reconstruction-based eviction.

A property vacated for reconstruction or development cannot, without a justified reason, be rented to another person in its old condition for three years.

This means that a landlord cannot obtain eviction by claiming major construction and then immediately rent the unchanged property to a new tenant at a higher price.

The restriction is intended to prevent abuse of Article 350.

Evidence that the property was advertised or re-rented without the promised construction may support the former tenant’s statutory claims.

Former Tenant’s Priority Right

Where reconstruction or development is actually completed, the former tenant has a priority right to rent the reconstructed premises in their new condition and at the new rental price.

The landlord must provide written notification to the former tenant.

The former tenant must exercise the priority right within one month following the notification.

Until this priority right has ended, the landlord cannot rent the reconstructed property to another person before the three-year period has passed.

The priority right does not mean that the previous rent continues unchanged.

The legislation expressly refers to renting the property in its new condition and at its new rent.

The parties may therefore need to negotiate:

• The new unit;
• The new rental amount;
• The permitted use;
• The delivery date;
• The new deposit;
• Common expenses; and
• Other terms arising from the reconstructed property.

What If the Original Unit No Longer Exists?

A reconstruction project may change the building’s structure substantially.

An apartment may be divided, combined with another unit or replaced by a different commercial area. In such cases, the practical scope of the former tenant’s priority right may become disputed.

The analysis may depend on:

• Whether a corresponding rentable unit exists;
• Whether the former use remains legally possible;
• The approved project;
• The size and characteristics of the new unit;
• Whether the premises can reasonably be identified as the reconstructed form of the former property; and
• Whether the landlord acted in good faith.

The landlord should notify the former tenant transparently and provide sufficient information about the available premises and new rent.

Compensation for Violation of Article 355

A landlord who violates the re-letting prohibition or former tenant’s priority right may become liable to pay compensation.

Article 355 provides that the compensation cannot be less than one year’s rent calculated according to the amount paid during the final rental year.

The actual claim may depend on:

• How possession was obtained;
• Whether reconstruction occurred;
• Whether the property was re-rented in its old condition;
• Whether the former tenant received written notice;
• Whether the priority right was exercised;
• The landlord’s justification;
• The former tenant’s loss; and
• Available evidence.

The statutory minimum does not necessarily prevent a claim for a higher amount where legally provable loss exceeds one year’s final rent.

Evidence of an Abusive Renovation Claim

A former tenant who suspects that no genuine construction occurred should preserve:

• The eviction judgment;
• The landlord’s notices;
• Project documents disclosed in court;
• The mediation final report;
• The key-delivery report;
• New rental advertisements;
• Photographs of the property after evacuation;
• Building management records;
• Municipal permit records;
• Statements from neighbours;
• Information concerning the new occupant; and
• Evidence showing that the old condition continued.

A new advertisement published shortly after evacuation may be particularly relevant where it shows the same property in substantially unchanged condition.

Sale of the Property During the Proceedings

Sale of the rented property does not automatically eliminate the existing reconstruction dispute.

The purchaser generally succeeds to the rental relationship.

However, continuation of the action and the purchaser’s ability to implement the specific project may depend on:

• The acquisition date;
• The claimant’s status;
• Whether the project was transferred;
• The terms of the sale;
• Municipal approvals;
• The stage of proceedings; and
• Procedural substitution rules.

A purchaser should conduct detailed due diligence before acquiring property involved in a pending reconstruction eviction case.

The buyer should not assume that an eviction judgment will necessarily be obtained merely because the seller filed the action.

Commercial Tenants and Business Investments

Reconstruction eviction may have substantial consequences for commercial tenants who invested in fit-out, equipment, branding and licences.

The fact that the tenant made significant investments does not independently prevent a valid Article 350 eviction.

However, the parties should examine:

• Ownership of installed equipment;
• Removal rights;
• Restoration clauses;
• Compensation agreements;
• Minimum-term commitments;
• Rent-free investment periods;
• Depreciation of improvements;
• Business interruption; and
• The former tenant’s priority right.

A tenant does not automatically receive compensation for every improvement merely because the lease ends due to reconstruction.

The rental agreement and any written renovation consent should be examined to determine whether the tenant has a reimbursement or removal right.

Foreign Landlords and Tenants

The same principal rules generally apply where the landlord or tenant is a foreign national or foreign-owned company.

Foreign parties should pay particular attention to:

• Correct legal names;
• Turkish notification addresses;
• Authorised representatives;
• Bilingual agreements;
• Powers of attorney;
• Company authority;
• Translation of project documents;
• Mediation participation; and
• Service of court documents.

A foreign landlord should not assume that an international development plan replaces municipal approval in Turkey.

A foreign tenant should not ignore a Turkish mediation invitation, notarial notice or lawsuit because procedural periods continue to operate.

Common Mistakes Made by Landlords

Common landlord errors include:

• Treating cosmetic renovation as major construction;
• Filing without an applicable approved project;
• Presenting a project relating to another property;
• Failing to prove that use will be impossible;
• Filing before the contractual period ends;
• Missing the one-month lawsuit period;
• Failing to use Article 353 in time;
• Filing without mandatory mediation;
• Excluding one of several tenants;
• Beginning construction through self-help;
• Re-renting the unchanged property; and
• Ignoring the former tenant’s priority right.

The technical project and procedural calendar should be completed before litigation begins.

Common Mistakes Made by Tenants

Common tenant errors include:

• Assuming that every renovation claim is automatically invalid;
• Failing to review municipal project documents;
• Not requesting an expert inspection;
• Ignoring the mediation process;
• Stopping rent payments;
• Failing to preserve investment documents;
• Leaving without a handover report;
• Waiving the priority right without understanding it;
• Failing to update the address for post-construction notification; and
• Not monitoring whether the property is later re-rented.

The tenant’s strongest defence is generally technical and procedural evidence rather than a broad objection to the landlord’s ownership rights.

Practical Checklist for Landlords

Before commencing the process, the landlord should:

1. Confirm the rental agreement and termination date.
2. Verify ownership and authority.
3. Prepare a genuine construction plan.
4. Obtain an approved architectural or preliminary project.
5. Check zoning and condominium compliance.
6. Determine whether occupation will be impossible.
7. Obtain technical reports where necessary.
8. Serve a detailed written notice.
9. Preserve the right under Article 353 if additional time is needed.
10. Apply for mandatory mediation.
11. File the action within the statutory period.
12. Request an on-site inspection and expert examination.
13. Recover possession only through lawful enforcement.
14. Begin the promised work within a reasonable framework.
15. Observe the three-year re-letting restrictions.
16. Notify the former tenant when the new premises become available.

Practical Checklist for Tenants

After receiving a reconstruction notice or claim, the tenant should:

1. Review the rental period and filing deadline.
2. Request the approved project.
3. Verify municipal and ownership documents.
4. Determine whether the work is substantial.
5. Examine whether occupation can continue.
6. Attend mandatory mediation.
7. Continue paying rent.
8. Preserve investment and fixture documents.
9. Request a technical inspection where appropriate.
10. Record the property’s condition at handover.
11. Provide an updated address to receive the priority notice.
12. Monitor whether the promised reconstruction occurs.
13. Preserve advertisements and evidence of later re-letting.
14. Exercise the priority right within one month if desired.

Frequently Asked Questions

Can a landlord evict a tenant merely to renovate the property?

No. The proposed work must involve reconstruction or substantial development-oriented repair, enlargement or alteration, and continued use during the work must be impossible.

Does ordinary painting justify eviction?

No. Routine painting, decoration and minor repair will not ordinarily satisfy Article 350.

Must the building be completely demolished?

No. Substantial renovation, enlargement or alteration may also qualify if the statutory conditions are satisfied.

Must the project be approved?

Judicial practice generally requires a municipality-approved architectural or preliminary project suitable for technical examination.

Must the approved project be filed with the original lawsuit?

Not necessarily. Court of Cassation decisions allow the project to be submitted during the proceedings, but it must be available for judicial assessment before a decision is issued.

Is a construction permit always required before filing?

The exact document depends on the project. An approved preliminary project may be accepted where the final permit cannot yet be obtained, but a private, unapproved intention is ordinarily insufficient.

Must the tenant’s use be completely impossible?

The law requires impossibility of use during the work. Mere inconvenience or easier construction without the tenant is not enough.

Is a pre-lawsuit notice mandatory?

A special notice is not stated as an absolute condition under Article 350, but written notice is advisable and may extend the lawsuit period under Article 353.

When must the lawsuit be filed for a fixed-term lease?

Generally within one month following the end of the contractual period.

Can the filing period be extended?

Yes. A qualifying written notice served within the statutory filing period may extend the right to sue for one rental year under Article 353.

Is mandatory mediation required?

Yes. The landlord must generally complete mandatory mediation before filing the eviction lawsuit.

Which court hears the case?

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

Can the landlord change the locks before obtaining a judgment?

No. Possession must be recovered voluntarily or through lawful enforcement.

Can the property be rented to another person after eviction?

It cannot be rented in its old condition to another person for three years without a justified reason.

Does the former tenant have a right to return?

The former tenant has a priority right to rent the reconstructed premises in their new condition and at the new rent.

How long does the former tenant have to exercise the priority right?

The right must be exercised within one month following the landlord’s written notification.

What happens if the landlord violates the re-letting rules?

The landlord may be required to pay compensation of no less than one year’s rent calculated according to the final rental year.

Conclusion

Eviction due to reconstruction and major renovation in Turkey is a statutory remedy designed for genuine construction projects that cannot be completed while the tenant remains in occupation.

Article 350/2 does not authorise eviction for ordinary maintenance, cosmetic decoration or a simple desire to obtain a higher rent.

The landlord must prove that reconstruction or development requires substantial repair, enlargement or alteration and that the tenant cannot continue using the property during the work.

A legally feasible and technically applicable project is essential. Court of Cassation practice generally requires an approved architectural or preliminary project and expert examination of the project’s scope and effect on occupation.

For fixed-term leases, the action must generally be filed within one month following the end of the contractual period. For indefinite-term leases, the applicable termination date must first be calculated according to the general notice rules.

A timely written notification of the intention to sue may extend the filing period for one rental year under Article 353.

Mandatory mediation must generally be completed before litigation, and the Civil Court of Peace hears the case.

The landlord cannot use self-help measures. If the tenant does not leave voluntarily, possession must be recovered through an enforceable judgment and the enforcement office.

After evacuation, Article 355 protects the former tenant. The property cannot be rented to another person in its old condition for three years without a justified reason.

Once reconstruction is completed, the former tenant has a priority right to rent the premises in their new condition and at the new rent. The tenant must exercise that right within one month after receiving the landlord’s written notice.

Violation of the re-letting prohibition or priority right may create compensation liability of at least one year’s final rent.

Because the outcome depends on technical construction evidence, municipal approvals and strict procedural periods, landlords should complete legal and architectural preparation before initiating the process. Tenants should examine both the project’s feasibility and whether the statutory timetable has been followed.

Legal Disclaimer: This article provides general information concerning eviction due to reconstruction and major renovation in Turkey and does not constitute legal advice. Each case must be assessed according to the rental agreement, project documents, title records, zoning status, construction permits, technical reports, notice and service documents, mandatory mediation process and specific circumstances of the property.