Evicting a tenant in Turkey is a legally sensitive process governed by strict regulations under the Turkish Code of Obligations (Law No. 6098). Whether you are a landlord facing non-payment of rent or require your property for personal use, understanding the eviction process is crucial to ensure compliance and avoid costly delays.
As a premier Istanbul-based law firm with over three decades of experience, Akkas & Associates Law Firm provides you with a comprehensive, step-by-step guide on how to lawfully evict a tenant in Turkey in 2025.
Table of Contents
- Understanding Turkish Tenancy Law: The Foundation of Eviction Proceedings
- Legitimate Grounds for Eviction in Turkey
- 1. Non-Payment of Rent
- 2. Expiry of the Lease Term
- 3. Landlord's Need for the Property (Need-Based Eviction)
- 4. Renovation or Reconstruction
- 5. Undertaking for Eviction (Tahliye Taahhütnamesi)
- 6. Two Justified Notices of Non-Payment within One Rental Year
- 7. Tenant's Bankruptcy
- 8. Transfer of Property Ownership
- 9. Unauthorized Use or Subletting
- The Eviction Process: Step-by-Step
- Key Considerations for Landlords
- FAQs: Evicting a Tenant in Turkey
- Q1: How long does the eviction process typically take in Turkey?
- Q2: Can a landlord evict a tenant in Turkey if the property is sold?
- Q3: What is a "Tahliye Taahhütnamesi" and why is it important?
- Q4: Are there any situations where a tenant cannot be evicted in Turkey?
- Q5: What are the penalties for illegal eviction in Turkey?
- Q6: Do I need a lawyer to evict a tenant in Turkey?
- Reach us to Evict a Tenant in Turkey
Property owners in Turkey face unique challenges when dealing with problematic tenants. Whether you’re dealing with non-payment of rent, property damage, or lease violations, understanding the legal framework for tenant eviction is crucial for protecting your investment.
Understanding Turkish Tenancy Law: The Foundation of Eviction Proceedings
Turkey’s tenancy laws are primarily governed by the Turkish Code of Obligations (Türk Borçlar Kanunu) and the Civil Code. These laws provide specific protections for both landlords and tenants, establishing clear procedures that must be followed during eviction proceedings. The legal framework has evolved significantly over the years, with recent amendments providing clearer guidelines for property owners.
Under Turkish law, landlords cannot simply change locks or force tenants to leave without following proper legal procedures. The eviction process must be conducted through the court system, ensuring due process rights are protected while allowing legitimate evictions to proceed.
Legitimate Grounds for Eviction in Turkey
Turkish law specifies several legitimate grounds for a landlord to seek eviction. Understanding these categories is the first step toward a successful eviction process.
1. Non-Payment of Rent
This is perhaps the most common reason for eviction. If a tenant fails to pay rent on time, the landlord can initiate eviction proceedings.
- Process: The landlord must first send a written notice (ihtarname) to the tenant via a notary public, demanding payment within a specified period (usually 30 days). If the tenant still fails to pay within this period, the landlord can file an eviction lawsuit or initiate an enforcement proceeding to collect the unpaid rent and simultaneously request eviction.
2. Expiry of the Lease Term
While Turkish law generally favors the continuation of rental agreements, there are nuances concerning lease expiry.
- Residential Leases: For residential leases, even if a fixed term is specified, the lease is automatically extended for another year unless the tenant provides written notice of non-renewal at least 15 days before the expiration of the term. The landlord generally cannot terminate a residential lease solely based on the expiry of the term for the first ten years of a continuous lease period. After the initial ten-year extension period, the landlord can terminate the agreement without cause by giving notice at least three months before the end of the current rental year.
- Commercial Leases: The rules for commercial leases can be more flexible and depend heavily on the specific terms outlined in the lease agreement. It is highly advisable to seek legal counsel for commercial lease terminations.
3. Landlord’s Need for the Property (Need-Based Eviction)
This is a specific and often complex ground for eviction, requiring genuine need.
- Conditions: The landlord (or their spouse, ascendants, or descendants) must genuinely need the property for their own residential or business purposes. This need must be continuous and demonstrable.
- Process: The landlord must notify the tenant within one month from the end of the rental period or, if the lease is indefinite, by giving notice at least three months prior to the end of the current rental year. If the tenant does not vacate, the landlord can file an eviction lawsuit within one month from the end of the rental period.
- Re-renting Restrictions: A crucial aspect of need-based eviction is that the landlord cannot re-rent the property to anyone other than the former tenant (if they wish to return) for a period of three years from the date of eviction, unless there is a valid reason approved by the court. Violation of this rule can lead to significant penalties.
4. Renovation or Reconstruction
If the property requires extensive renovation or reconstruction that makes its continued use impossible, the landlord can seek eviction.
- Conditions: The renovation work must be substantial and necessary, not merely cosmetic. The landlord must also obtain the necessary permits for the construction.
- Process: Similar to need-based eviction, the landlord must notify the tenant within one month from the end of the rental period or, if the lease is indefinite, by giving notice at least three months prior to the end of the current rental year. An eviction lawsuit can be filed if the tenant does not vacate.
- Right of First Refusal: Once the renovation is complete, the former tenant has a right of first refusal to re-rent the property, provided they express their intention to do so within one month of being notified by the landlord and agree to the new terms.
5. Undertaking for Eviction (Tahliye Taahhütnamesi)
This is a powerful tool for landlords, often used at the commencement of a tenancy.
- Description: An “undertaking for eviction” is a written declaration signed by the tenant, usually at the time of signing the lease agreement (or sometimes during the lease term), in which they commit to vacating the property by a specific date. This document must be freely given and dated after the lease agreement is signed to be valid.
- Enforcement: If the tenant fails to vacate by the specified date, the landlord can directly initiate enforcement proceedings to evict the tenant, without the need for a full eviction lawsuit. This provides a much faster and more streamlined process.
- Validity: The validity of an undertaking for eviction is often scrutinized by courts. It is crucial that the document is properly drafted, witnessed (if necessary), and that the date of signing is truly subsequent to the lease agreement. For more details on this, you can refer to our article on Turkish Rental Law.
6. Two Justified Notices of Non-Payment within One Rental Year
If a tenant receives two justified written notices for non-payment of rent within one rental year, the landlord can initiate eviction proceedings.
- Conditions: Each notice must be for a distinct instance of non-payment, and the tenant must have rectified the payment after each notice. The notices must be sent via a notary public.
- Process: After the second justified non-payment notice, the landlord can file an eviction lawsuit within one month from the end of the rental year.
7. Tenant’s Bankruptcy
If the tenant is declared bankrupt, the landlord can terminate the lease agreement.
- Process: The landlord must send a notice to the tenant and the bankruptcy administration, demanding payment of outstanding rent within a reasonable period. If payment is not made, the landlord can terminate the lease.
8. Transfer of Property Ownership
While not a direct ground for eviction, a change of ownership can impact the lease agreement.
- New Owner’s Rights: A new owner generally steps into the shoes of the previous landlord, and the existing lease agreement remains valid. However, if the new owner genuinely needs the property for their own use, they can initiate a need-based eviction lawsuit within one month of acquiring the property, provided they give notice to the tenant within six months from the date of acquisition.
9. Unauthorized Use or Subletting
If the tenant uses the property for purposes other than those stipulated in the lease agreement or sublets it without the landlord’s consent, this can be grounds for eviction.
- Conditions: The lease agreement should clearly define the permitted use of the property. Subletting clauses are also crucial.
- Process: The landlord must notify the tenant of the breach and give them a reasonable period to rectify the situation. If the breach continues, an eviction lawsuit can be filed.
The Eviction Process: Step-by-Step
While the specific steps may vary slightly depending on the ground for eviction, the general process in Turkey involves:
- Written Notice (Ihtarname): In most cases, the first step is to send a formal written notice to the tenant via a notary public. This notice clearly states the reason for eviction and provides a deadline for the tenant to rectify the situation or vacate the property.
- Filing an Eviction Lawsuit: If the tenant fails to comply with the notice, the landlord must file an eviction lawsuit (Tahliye Davası) with the Civil Court of Peace (Sulh Hukuk Mahkemesi) in the jurisdiction where the property is located.
- Court Proceedings: The court will examine the evidence presented by both parties. This may involve hearings, submission of documents, and potentially expert witness testimony.
- Court Decision: If the court rules in favor of the landlord, an eviction order will be issued.
- Enforcement: If the tenant still refuses to vacate after the court order, the landlord can initiate enforcement proceedings through the Enforcement Office (İcra Dairesi) to physically remove the tenant and their belongings. This is carried out by enforcement officers, often with the assistance of law enforcement.
Key Considerations for Landlords
- Documentation is King: Maintain meticulous records of all communications, rental payments, notices, and the lease agreement. This documentation will be invaluable in court.
- Legal Counsel is Essential: Navigating Turkish eviction law without professional legal assistance is highly discouraged. A skilled Turkish lawyer can ensure all procedures are followed correctly, saving time and preventing costly mistakes. For more information on our services, please visit our page on Turkish Litigation Law.
- Patience is a Virtue: The legal process in Turkey can take time. Be prepared for a potentially lengthy process, especially if the tenant contests the eviction.
- Avoid Self-Help Eviction: As mentioned, never attempt to evict a tenant by changing locks, shutting off utilities, or removing their belongings. These actions are illegal and can lead to criminal charges and significant financial penalties.
- Mediation: In some cases, particularly for residential leases, mediation may become a mandatory step before filing a lawsuit. This aims to resolve disputes amicably and reduce the burden on the courts. Your lawyer will advise on whether mediation is required for your specific situation. You might find our general overview of Turkish Law Firm useful for understanding legal processes in Turkey.
FAQs: Evicting a Tenant in Turkey
Q1: How long does the eviction process typically take in Turkey?
The duration of an eviction process in Turkey can vary significantly depending on the specific grounds for eviction, the complexity of the case, whether the tenant contests the eviction, and the court’s workload. It can range from a few months for straightforward cases like an undertaking for eviction to over a year for more complex disputes or appeals.
Q2: Can a landlord evict a tenant in Turkey if the property is sold?
A new owner generally inherits the existing lease agreement. However, if the new owner genuinely needs the property for their own use, they can initiate a need-based eviction lawsuit within one month of acquiring the property, provided they give notice to the tenant within six months from the date of acquisition.
Q3: What is a “Tahliye Taahhütnamesi” and why is it important?
A “Tahliye Taahhütnamesi” is an undertaking for eviction, a written declaration signed by the tenant committing to vacate the property by a specific date. It’s crucial because if valid, it allows the landlord to initiate direct enforcement proceedings for eviction, significantly speeding up the process compared to a full lawsuit. It must be dated after the lease agreement.
Q4: Are there any situations where a tenant cannot be evicted in Turkey?
Turkish law provides strong tenant protections. Landlords cannot evict a tenant without a legitimate legal ground. For instance, arbitrary eviction based solely on the landlord’s desire to terminate the lease for a residential property is generally not allowed for the first ten years of a continuous lease without a specific legal reason.
Q5: What are the penalties for illegal eviction in Turkey?
Attempting to evict a tenant illegally (e.g., changing locks, cutting utilities, forced removal of belongings) is strictly prohibited and can lead to severe consequences. Landlords can face criminal charges, significant fines, and be liable for damages to the tenant. All evictions must be carried out through the proper legal channels.
Q6: Do I need a lawyer to evict a tenant in Turkey?
While it is theoretically possible to navigate the process without legal representation, it is highly advisable to engage a qualified Turkish lawyer. The intricacies of Turkish rental law, the specific procedures for different eviction grounds, and the potential for legal pitfalls make professional legal counsel almost essential to ensure a lawful, efficient, and successful eviction.
Reach us to Evict a Tenant in Turkey
Navigating tenant eviction procedures in Turkey requires specialized legal expertise and deep understanding of Turkish tenancy law. Whether you’re dealing with non-paying tenants, lease violations, or complex eviction proceedings, professional legal guidance is essential for protecting your property rights and ensuring successful outcomes.
Don’t risk costly mistakes or lengthy delays in your eviction case. Contact Akkas & Associates Law Firm today for comprehensive legal support in all aspects of landlord-tenant law, property disputes, and eviction proceedings. With over 30 years of experience serving clients in Istanbul and throughout Turkey, our experienced legal team provides the expert guidance you need to resolve tenant issues efficiently and effectively.
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