Since 1992, Akkas & Associates Law Firm, a premier Istanbul-based full-service law firm, has been providing expert legal guidance in Turkish real estate law, including tenant eviction cases. Understanding the legal reasons for eviction in Turkey is crucial for landlords and tenants alike to navigate this complex process effectively and lawfully.
Table of Contents
As Istanbul’s urban landscape continues to evolve, so too do the dynamics between landlords and tenants. Navigating the intricate framework of Turkish rental law can be a complex endeavor, particularly when eviction becomes a possibility.
At Akkas & Associates Law Firm, we understand the critical importance of clarity and expert guidance in these situations. This comprehensive guide aims to shed light on the primary reasons for eviction in Turkey in 2025, providing essential insights for both property owners and renters.
The Foundation of Turkish Eviction Law
Turkish Law, primarily governed by the Turkish Code of Obligations (TCO) No. 6098, offers specific grounds for landlords to terminate a lease agreement and initiate eviction proceedings.
Unlike some jurisdictions where eviction might be relatively straightforward, Turkish law provides significant protections for tenants, emphasizing the need for landlords to adhere strictly to legal procedures. Understanding these permissible grounds is paramount to preventing disputes and ensuring a smooth, legally compliant process.
Top 10 Reasons for Eviction in Turkey
Here are the key reasons that can lead to eviction in Turkey, often requiring specific procedures and timelines:
- Non-Payment of Rent: This is perhaps the most straightforward and common reason for eviction. If a tenant consistently fails to pay rent on time, the landlord has grounds for eviction.
- Procedure: The landlord must issue a written warning (often through a notary public) to the tenant, specifying the overdue rent and providing a grace period for payment (typically 30 days for residential leases). If the tenant fails to pay within this period, the landlord can initiate an eviction lawsuit or an enforcement proceeding for both the unpaid rent and eviction.
- Two Justified Warnings: Even if the tenant pays after receiving a warning, if two justified warnings for non-payment are issued within the same rental year (for different months), the landlord can file an eviction lawsuit within one month following the end of that rental year.
- Eviction Commitment (Tahliye Taahhütnamesi): A written undertaking signed by the tenant promising to vacate the property by a specific date. This is a powerful tool for landlords, but its validity hinges on strict conditions.
- Conditions: The commitment must be in writing, signed by the tenant (or their authorized representative), made after the tenant has taken possession of the property, and specify a clear evacuation date.
- Procedure: If the tenant fails to vacate by the promised date, the landlord can file for eviction within one month of the agreed-upon date or initiate an enforcement proceeding through the execution office.
- Landlord’s Genuine Need for the Property (Need for Personal Use): If the landlord, their spouse, descendants, or legal dependents genuinely need the property for residential or business purposes, they can seek eviction.
- Procedure: The landlord must provide notice at least one month before the end of a fixed-term lease or within one month of acquiring the property if they are a new owner. An eviction lawsuit must be filed within one month after the lease term ends. This ground requires the landlord to prove a genuine and continuous need, and there’s typically a three-year re-rental prohibition period for the landlord if eviction is successful under this ground.
- Reconstruction, Major Renovation, or Development: If the property requires substantial repairs, reconstruction, or expansion that makes it impossible to use during the works, the lease agreement may be terminated.
- Procedure: The renovation must be significant and prevent continued occupancy. The landlord must provide notice, and the eviction lawsuit can be filed. Courts carefully scrutinize these claims to ensure they are not a pretext for eviction.
- Tenant’s Possession of a Habitable Residence in the Same District: If the tenant (or their spouse) already owns a habitable residence in the same district, the landlord may have grounds for eviction.
- Procedure: This ground usually applies to new rental agreements where the tenant concealed this fact. The lawsuit must typically be filed within one month of becoming aware of the situation.
- Violation of Lease Agreement Terms (Breach of Contract): Tenants are expected to comply with the terms outlined in their lease agreement. Significant breaches can lead to eviction.
- Examples: Using the property for purposes other than agreed upon (e.g., commercial use for a residential lease), unauthorized subletting, causing significant damage to the property, or disturbing neighbors.
- Procedure: The landlord typically sends a written notice to the tenant to remedy the breach within a specific timeframe. If the breach persists, an eviction lawsuit can be filed.
- Expiration of 10-Year Lease Period (for Residential Leases): For residential leases that have been in effect for 10 years or more (including renewals), the landlord gains the right to terminate the agreement without needing to demonstrate a specific reason.
- Procedure: For fixed-term contracts, the 10-year period begins after the initial term. For indefinite-term contracts, it begins from the start of the tenancy. The landlord must provide notice at least three months before the end of the extension period. An eviction lawsuit can then be filed within one month after the specified vacating date.
- New Owner’s Need for the Property: If a property with an existing tenant is sold, the new owner may have the right to evict the tenant if they genuinely need the property for their own use or that of their close relatives.
- Procedure: The new owner must notify the tenant in writing within one month of acquiring the property. An eviction lawsuit can be filed six months after this notification, or alternatively, the new owner can wait until the end of the lease term and file within one month of the term’s end.
- Tenant’s Bankruptcy: If the tenant becomes bankrupt and fails to provide adequate security for future rent payments within a stipulated period, the landlord may terminate the lease agreement.
- Death of the Tenant: While not an immediate eviction, the death of a tenant can lead to the termination of the lease under certain conditions, particularly if there are no heirs who wish to continue the lease and fulfill its obligations.
The Eviction Process in Turkey: Key Steps and Considerations
Regardless of the reason for eviction, the process in Turkey generally involves several critical steps:
- Formal Notice: In most cases, the landlord must first serve a formal written notice to the tenant, typically through a notary public. This notice must clearly state the reason for eviction and a deadline for the tenant to rectify the situation or vacate.
- Grace Period: A grace period is usually granted (e.g., 30 days for non-payment of rent) for the tenant to comply.
- Mandatory Mediation: For certain types of landlord-tenant disputes, including some eviction cases, mandatory mediation is now a prerequisite before a lawsuit can be filed. This aims to encourage amicable settlements outside of court.
- Filing an Eviction Lawsuit: If the tenant does not comply with the notice or mediation fails, the landlord must file an eviction lawsuit (known as a “tahliye davası”) with the Civil Peace Court (Sulh Hukuk Mahkemesi).
- Court Proceedings: Court proceedings can vary in length, often taking several months, and sometimes over a year, depending on the complexity of the case, the court’s caseload, and the evidence presented.
- Court Order and Enforcement: If the court rules in favor of the landlord, an eviction order is issued. If the tenant still does not vacate, the landlord can then apply to the enforcement office (İcra Dairesi) to physically remove the tenant. The police cannot independently evict tenants; a court order or enforcement office decision is always required.
Important Considerations for Landlords and Tenants
- Documentation is Key: For landlords, meticulously documenting all communications, warnings, payment records, and evidence of breaches is vital for a successful eviction case.
- Know Your Rights: Tenants should be aware of their rights and the legal protections afforded to them under Turkish law. An eviction cannot proceed without proper notice and a valid legal ground.
- Seek Legal Counsel: Given the complexities of Turkish eviction law, particularly with recent updates in 2025 and the introduction of mandatory mediation, it is highly advisable for both landlords and tenants to seek professional legal assistance. An experienced Turkish real estate lawyer can provide tailored advice, ensure compliance with all legal requirements, and represent your interests effectively in mediation or court. For further insights into property transactions, you may refer to our detailed guide on Turkish Real Estate Lawyers. Similarly, understanding lease agreements thoroughly is crucial; our article on Lease Contracts in Turkey offers valuable information.
FAQs for Reasons for Eviction in Turkey
Q1: Can a landlord evict a tenant in Turkey without a court order? A1: Generally, no. A landlord cannot physically remove a tenant without a court order or a decision from the enforcement office, which is obtained through a legal process. Self-help evictions are illegal in Turkey.
Q2: What is “mandatory mediation” in Turkish eviction cases? A2: For certain landlord-tenant disputes, including some eviction cases, attempting mediation with a neutral third party is now a mandatory step before a lawsuit can be filed in court. This aims to resolve disputes amicably and reduce court caseloads.
Q3: How long does an eviction lawsuit typically take in Turkey? A3: The duration can vary significantly based on the specifics of the case, the court’s schedule, and whether the tenant contests the eviction. It can range from a few months to over a year or even longer in complex cases.
Q4: If a new owner buys a property, can they immediately evict the existing tenant? A4: Not immediately. The new owner must notify the tenant in writing within one month of acquisition. They can then file an eviction lawsuit based on their genuine need for the property after six months from the notification date, or at the end of the existing lease term.
Q5: Is a verbal lease agreement valid in Turkey, and can it lead to eviction? A5: While verbal lease agreements are generally valid, proving their terms in an eviction dispute can be challenging. It is always highly recommended to have a written lease agreement to clearly define the rights and obligations of both parties, making any future eviction process more straightforward if necessary.
For expert legal counsel on property law, tenant disputes, or any other legal matters in Turkey, do not hesitate to contact Akkas & Associates Law Firm. Our experienced team is ready to assist you in navigating the complexities of Turkish eviction law and ensuring your rights are protected.
Reach us for Eviction Services in Turkey
Navigating Turkey’s complex eviction laws requires expertise in Turkish property law, tenant-landlord relationships, and civil procedure. Whether you’re dealing with non-payment issues, lease violations, or property damage, understanding your legal rights and options is essential for protecting your investment.
Don’t risk costly mistakes or prolonged legal battles when facing eviction challenges. Contact Akkas & Associates Law Firm today for professional legal guidance on eviction proceedings, tenant disputes, and property law matters. Our experienced team has been providing comprehensive legal services in Istanbul since 1992, helping landlords and property owners protect their rights and investments throughout Turkey.
Please fill out and submit the form below to make an appointment.
