Eviction of a 10-Year Tenant in Turkey

Legal Regulation and Basic Concepts

Content of TCO Article 347

Article 347 of the Turkish Code of Obligations contains the basic regulation regarding the termination of residential and roofed workplace leases. According to this article, unless the tenant gives notice 15 days before the expiration of fixed-term contracts, the contract is deemed extended for 1 year under the same conditions. The lessor cannot terminate the contract automatically based on the expiration of the contract period. However, after a 10-year extension period, the lessor can terminate the contract without showing any cause by giving notice 3 months before the end of each extension year following this period.

Concept of Residential and Roofed Workplace Lease

The concept of residential and roofed workplace lease covers residences that meet people’s housing needs and workplaces that are covered. According to Supreme Court precedents, for a place to be considered a roofed workplace, it must be covered and enclosed. In this context, apartment units, detached houses, shops, and offices are subject to this regulation. However, open lands, plots, base stations, and containers used as warehouses are not considered within this scope.

Concept of Ten-Year Extension Period

The ten-year extension period refers to the automatic extension period that begins after the expiration of the initial contract period. The type of contract is important in calculating this period. In fixed-term contracts, the extension period that begins after the expiration of the agreed period is considered. In indefinite-term contracts, the period is calculated from the beginning of the lease relationship. Each new lease agreement made between the parties restarts the ten-year extension period.

Required Conditions for Eviction of Ten-Year Tenant

Completion of Ten-Year Extension Period

The completion of the ten-year extension period is the basic requirement for filing an eviction lawsuit. The nature of the lease agreement is of great importance in calculating this period. In fixed-term contracts, the sum of extension periods starting after the expiration of the initial contract period must complete 10 years. For example, in a 2-year lease agreement, the 10-year extension period must also pass from the expiration of the contract period for the eviction right to be exercised. In this case, the right of eviction will arise after a total of 12 years.

Termination Notice Requirements

The lessor must provide a termination notice to exercise the right of eviction. This notice must be given at least 3 months before the end of each extension year following the ten-year extension period. The termination notice must be made in writing and properly served to the tenant.

It is recommended to make the notice through a notary public for ease of proof. No reason needs to be shown in the termination notice, but it should be clearly stated that the eviction request is based on TCO Art. 347.

No New Lease Agreement Made

For the eviction right to be exercised, the parties must not have made an independent new lease agreement within the ten-year period. According to established Supreme Court precedents, if the parties make a new lease agreement, the periods that ran in the previous period are reset, and the ten-year period starts running again from the date of the new agreement. However, changes of an ancillary (secondary) nature, such as increasing the rent amount or regulating side expenses, do not constitute a new lease agreement.

Calculation of Ten-Year Period

Calculation in Fixed-Term Lease Agreements

In fixed-term lease agreements, the calculation of the ten-year period begins from the expiration of the period specified in the agreement. The initial contract period is not included in this calculation. For example, in a 2-year lease agreement, a 10-year extension period must expire from the termination date of the agreement, and a 1-year extension period must begin following this. In this case, the lessor can only exercise the eviction right after a total of 13 years. In this calculation, automatic annual extensions are taken into account.

Calculation in Indefinite-Term Lease Agreements

In indefinite-term lease agreements, the ten-year period is calculated from the beginning of the lease relationship. Since extension periods cannot be mentioned in such agreements, the expiration of a 10-year period directly from the starting date of the agreement is sufficient. After the expiration of 10 years, the lessor can terminate the agreement at the end of each 6-month period according to general provisions, by giving notice 3 months in advance.

Period Calculation in Renewed Agreements

The calculation of the period in renewed agreements has special characteristics. According to established Supreme Court precedents, if the parties make an independent new agreement, the periods passed in the previous period are not considered, and the 10-year period starts from the date of the new agreement. However, when changes are made only for rent increase or regulation of side expenses, this is not considered a new agreement, and previous periods remain valid. The parties’ renewal intention must be clear, and the new agreement must be arranged independently from the previous agreement.

Eviction Lawsuit Process

Competent and Authorized Court

The competent court in eviction cases is the Civil Court of Peace. The authorized court is, as a rule, the court of the location of the property. Since the jurisdiction rule is not a matter of public order, parties can designate another court as authorized by making a jurisdiction agreement. However, in practice, eviction cases are usually filed in the court where the property is located because this is more appropriate to the principle of procedural economy when procedures such as site inspections need to be conducted.

Time Limit for Filing a Lawsuit

The eviction lawsuit should be filed at the end of the extension year in which the termination notice was made. The time limit for filing a lawsuit is 1 month from the end of the lease period. This period is preclusive and is considered ex officio by the judge. For example, if the lease period ends on January 1, the lawsuit must be filed by January 31 at the latest. If the filing period is missed, the lessor can only file an eviction lawsuit in the next extension period by sending a new termination notice.

Burden of Proof and Evidence

The burden of proof in an eviction lawsuit lies with the lessor. The lessor is obligated to prove the existence of the lease relationship, that the 10-year extension period has expired, and that the termination notice was properly made.

The main evidence that can be presented in this context are:

• Lease agreement
• Termination notice and notification document sent through notary public
• Bank receipts or receipts showing rent payments
• Title deed showing the property’s characteristics

The tenant, in their defense, can claim and prove that the lease period has not expired, that the termination notice was improper, or that a new lease agreement was made.

Special Circumstances and Exceptions

Change of Ownership

In case of change in property ownership, according to TCO Article 310, the new owner becomes a party to the lease agreement. In this case, the new owner assumes the rights and obligations arising from the previous owner’s lease agreement. Therefore, the periods passed during the previous owner’s time are also considered in calculating the 10-year extension period. However, if a new lease agreement is made between the new owner and the tenant, the period starts anew from the date of the new agreement.

Eviction in Joint and Collective Ownership

In joint ownership, a majority of shares and co-owners is required to file an eviction lawsuit. The termination notice must also be made by the same majority. In collective ownership, all partners must act together. Otherwise, the lawsuit is dismissed due to lack of standing. This is a procedural requirement and is considered ex officio by the judge. According to established Supreme Court precedents, deficiencies in the termination notice cannot be remedied later.

Situation in Case of Tenant’s Death

In case of tenant’s death, according to TCO Article 356, the deceased’s residential rights automatically terminate. However, if the heirs notify within 1 month that they wish to take over the agreement, the lease agreement continues. In this case, the periods passed during the deceased tenant’s time are also considered in calculating the 10-year extension period. The heirs’ takeover of the lease agreement does not constitute a new lease agreement, therefore it does not cause the period to restart.

Implementation in Light of Supreme Court Decisions

Precedent Decisions and Interpretations

Supreme Court decisions in recent years have established important principles regarding the eviction of ten-year tenants. In Supreme Court General Assembly’s decision No. 2021/614, the effect of renewal agreement was examined in detail. According to this decision, each new agreement made by the parties coming together restarts the 10-year period. However, documents that are merely rent increase protocols are not considered new agreements.

The 3rd Civil Chamber of the Supreme Court’s decision No. 2017/17713 clarified the calculation of time in indefinite-term lease agreements. This decision emphasized that the period should be calculated from the beginning of the agreement and that the termination notice must be made 3 months before the end of the 6-month period.

Controversial Issues and Solutions

One of the most debated issues in practice is the status of base station leases. In the 3rd Civil Chamber of the Supreme Court’s decision No. 2017/16609, it was stated that base station leases cannot be evaluated within the scope of residential and roofed workplace leases, therefore the provisions of TCO Art. 347 cannot be applied.

Another controversial issue is the owner’s right to file an eviction lawsuit. In the 3rd Civil Chamber of the Supreme Court’s decision No. 2017/14491, despite the law explicitly mentioning the lessor, it was accepted that the owner can also file this lawsuit in light of Article 35 of the Constitution regulating the right to property. This decision resolved the doubts in practice.

Frequently Asked Questions

Can the Landlord Evict a 10-Year Tenant?

The lessor can evict the tenant after the expiration of the 10-year extension period. For this, they must give a termination notice 3 months before the end of the lease period.

How is the 10-Year Period Calculated?

The extension period begins after the expiration of the initial contract period in fixed-term agreements. For example, in a 2-year contract, the 10 years are calculated after the expiration of these 2 years.

When Should the Notice be Served to the Tenant?

The termination notice must be made at least 3 months before the end of the lease period. This notice must be in writing and sent through a notary public.

Does Making a New Lease Agreement Affect the 10-Year Period?

Each new independent agreement made by the parties resets the 10-year period and the period starts anew. However, protocols made only for rent increases do not affect the period.

Is Mediation Mandatory for Eviction Lawsuits?

Yes, as of September 1, 2023, mediation has become a prerequisite for eviction lawsuits. A lawsuit cannot be filed without completing the mediation phase.

How Long Does an Eviction Lawsuit Take?

The judicial process typically takes between 6 months to 1 year. However, this period may vary depending on the courts’ workload and the parties’ conduct.

What Happens if the Tenant Doesn’t Leave Despite Court Decision?

After the eviction decision becomes final, the tenant is given 30 days. If they don’t leave within this period, eviction is carried out through enforcement proceedings.

Who Can File an Eviction Lawsuit in Joint Ownership?

The lawsuit must be filed by a majority of shares and co-owners. In collective ownership, all partners must act together.

 

 

For more assistance or consultation on this matter, you can contact us.