How to Legally Evict a Tenant in Turkey? *2025
Understanding tenant eviction law in Turkey is crucial for both property owners and tenants. The process is governed by the Turkish Code of Obligations and requires strict adherence to legal procedures. This comprehensive guide explores the legal grounds for eviction, proper notification requirements, and the rights of both parties involved in rental disputes.
In Turkey, the tenant-landlord relationship is governed by the Turkish Code of Obligations (Law No. 6098), which establishes a framework that balances the rights of property owners with the protection of tenants. Understanding the legal grounds for eviction and the proper procedures is essential for both landlords seeking to reclaim their property and tenants wanting to protect their rights. This comprehensive guide explores the eviction process in Turkey, outlining the legal pathways available and the requirements that must be met for a lawful eviction.
Legal Grounds for Tenant Eviction in Turkey
Turkish law provides several specific circumstances under which a landlord can legally evict a tenant. These grounds are strictly defined and regulated to prevent arbitrary evictions.
| Eviction Ground | Legal Requirements |
|---|---|
| Non-payment of Rent |
|
| Landlord’s Need |
|
| Written Commitment |
|
| Two Valid Notices |
|
| 10-Year Tenancy |
|
Non-payment or Late Payment of Rent
One of the most common grounds for eviction is when the tenant fails to pay rent or consistently pays late. According to Article 315 of the Turkish Code of Obligations, if a tenant does not pay the rent on the agreed date, the landlord must:
- Serve the tenant with a written notice providing a grace period
- Allow at least 30 days for payment in residential leases
- Clearly state that the contract will be terminated if payment is not made
If the tenant fails to pay within the specified period after receiving the notice, the landlord can initiate eviction proceedings. This process typically begins with a mandatory mediation attempt before proceeding to court.
Landlord’s Need for the Property
A landlord can terminate a lease if they or their immediate family members have a genuine need to use the property. Article 350 of the Turkish Code of Obligations specifies that this applies when:
- The property is needed for the landlord’s personal residence
- The needs of the landlord’s spouse, descendants, ascendants, or siblings
- The need must be genuine, sincere, and necessary
For fixed-term contracts, the eviction lawsuit must be filed at the end of the contract period. For indefinite-term contracts, notice must be given at least three months before the end of a six-month rental period, with a lawsuit filed within one month after the specified vacating date.
Eviction Based on Written Commitment (Tahliye Taahhütnamesi)
A tahliye taahhütnamesi (eviction commitment) is a written document in which the tenant agrees to vacate the property on a specific date. This document is legally binding if:
- It is in written form
- It is signed by the tenant or their authorized representative
- It is made after the tenant takes possession of the property
- It specifies a clear evacuation date
If the tenant fails to vacate as promised, the landlord can file for eviction within one month of the agreed-upon date or initiate an enforcement proceeding through the execution office.
Two Valid Notices for Late Payment
If a tenant receives two valid notices for late payment within the same rental year, the landlord can file for eviction. The requirements for this ground include:
- The notices must be written and legally valid
- They must be sent for separate months within the same rental year
- The eviction lawsuit must be filed within one month after the end of the rental year in which the notices were issued
Importantly, if the tenant pays after receiving a notice, the notice still counts toward the two-notice requirement.
Eviction After 10 Years of Tenancy
Turkish law allows landlords to evict tenants after 10 years of occupancy without needing to demonstrate any specific reason. The procedure varies depending on whether the lease is fixed-term or indefinite:
- 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
This provision gives landlords an opportunity to reclaim their property after a substantial period of tenancy.
New Owner’s Need for Property
When a property changes ownership, the new owner can evict tenants under certain conditions if they need the property for personal or family use:
- The new owner must notify the tenant in writing within one month of acquiring the property
- The eviction lawsuit can be filed six months after this notification
- Alternatively, the new owner can wait until the end of the lease term and file within one month
- The need must be genuine and necessary, just as with the original owner
This provision balances the rights of new property owners with tenant protections.
Renovation and Reconstruction Needs
Landlords can evict tenants if the property requires substantial renovation or reconstruction that would make occupancy impossible during the work. To qualify:
- The renovation must be essential, not merely cosmetic
- The property must be uninhabitable during the renovation
- The landlord must file the eviction lawsuit within one month after the end of the contract term
After renovation, the property cannot be rented to someone else for three years without a legitimate reason, and the former tenant has priority rights to rent the renovated property at the new rate.
Tenant Causing Disturbance to Neighbors
Tenants who persistently disturb neighbors can be evicted. The landlord must:
- Send a written notice to the tenant
- Allow at least 30 days for the tenant to remedy the situation
- File an eviction lawsuit if the disturbance continues
Evidence of disturbances, such as complaints from other tenants or police reports, strengthens the landlord’s case.
Causing Damage to the Property
If a tenant causes significant damage to the property, the landlord can initiate eviction proceedings by:
- Serving the tenant with a written notice
- Providing at least 30 days to repair the damage
- Filing an eviction lawsuit if the tenant fails to make repairs
The landlord can also seek compensation for the damages in addition to eviction.
The Eviction Process in Turkey
The process of evicting a tenant in Turkey follows a specific legal pathway that must be adhered to for the eviction to be lawful.
| Process Step | Estimated Timeline |
|---|---|
| Serving formal notice to tenant | 1-7 days |
| Waiting period for tenant to remedy | 30 days (residential), varies by grounds |
| Mandatory mediation process | 1-2 months |
| Filing eviction lawsuit | 1 day (must be within 1 month of relevant date) |
| Court proceedings | 6-18 months depending on case complexity |
| Obtaining eviction order | 1-3 months after final hearing |
| Execution office processing | 15-30 days |
| Actual physical eviction | 1 day (scheduled by execution office) |
| Total typical process | 8-24 months from initial notice to completion |
Serving Notice to the Tenant
The first step in most eviction cases is serving a formal notice to the tenant:
- Notices should be served through a notary public to ensure legal validity
- The notice must clearly state the reason for eviction
- It must specify a deadline for the tenant to remedy the situation or vacate
- Proper service of notice is crucial evidence in subsequent legal proceedings
Using a notary ensures that there is a record of when the tenant received the notice, which can be important in court.
| Eviction Type | Required Notice Period |
|---|---|
| Residential Lease Non-payment | Minimum 30 days from notice |
| Commercial Lease Non-payment | Minimum 30 days from notice |
| Landlord’s Personal Need | 3 months before end of rental period |
| New Owner’s Need | 1 month notice, eviction lawsuit after 6 months |
| Renovation/Reconstruction | Notice at end of contract term |
| Disturbing Neighbors | 30 days to remedy the situation |
| Property Damage | 30 days to repair the damage |
| 10-Year Termination | 3 months before end of rental period |
Mandatory Mediation Procedure
Since September 1, 2023, parties in rental disputes must attempt mediation before filing a lawsuit:
- Mediation is now a mandatory prerequisite for eviction lawsuits
- The process aims to reach an amicable solution without court intervention
- If mediation fails, the parties receive a certificate of non-agreement that allows them to proceed to court
- The party who refuses to participate in mediation or does not attend may be liable for mediation costs
This recent change aims to reduce the burden on courts and facilitate faster resolutions.
Filing an Eviction Lawsuit
If mediation fails, the landlord can file an eviction lawsuit:
- The lawsuit must be filed with the Civil Court of Peace (Sulh Hukuk Mahkemesi) in the district where the property is located
- The landlord must submit all relevant documentation, including the lease agreement, notices sent, and mediation certificate
- There are strict time limitations for filing, typically one month from the relevant date depending on the grounds for eviction
- The lawsuit should clearly state the specific legal grounds for eviction
The court will then schedule hearings to evaluate the evidence and arguments presented by both parties.
| Required Document | Description/Purpose |
|---|---|
| Lease Agreement | Establishes terms of tenancy and obligations of both parties |
| Written Notices | Proves proper notification of violations or intent to terminate |
| Proof of Ownership | Demonstrates landlord’s legal right to the property |
| Payment Records | Documents history of rent payments and any defaults |
| Notary-certified Notices | Provides legally valid evidence of formal notifications |
| Mediation Certificate | Required since Sept 2023 to prove mediation was attempted |
| Property Inspection Report | Documents condition and any damages to the property |
| Witness Statements | Supports claims of disturbances or other violations |
| Court Application Forms | Official documents required to initiate legal proceedings |
Execution of Eviction Orders
Once the court issues an eviction order:
- The order can be enforced through the execution office (İcra Dairesi)
- The execution officer will give the tenant a specific date to vacate
- If the tenant refuses to leave, a forced eviction can be carried out
- Police may accompany execution officers to ensure public order during forced evictions
It’s important to note that landlords cannot personally remove tenants or their belongings without a court order.
Tenant Rights and Protections
While Turkish law provides mechanisms for eviction, it also includes several protections for tenants.
| Tenant Rights | Landlord Rights |
|---|---|
| Right to receive proper written notice | Right to collect rent on time |
| Right to cure violations within legal timeframe | Right to evict for legitimate legal grounds |
| Right to mandatory mediation before lawsuit | Right to inspect property with reasonable notice |
| Right to challenge unfounded eviction claims | Right to receive compensation for property damage |
| Protection from arbitrary rent increases | Right to terminate after 10 years of tenancy |
| Priority rights after renovation | Right to evict for personal/family need |
| Right to compensation for wrongful eviction | Right to enforce written evacuation commitments |
| Right to peaceful enjoyment of property | Right to expect property to be maintained properly |
Legal Defenses Against Eviction
Tenants can contest eviction proceedings by:
- Challenging the validity of the grounds for eviction
- Identifying procedural errors in the notice or lawsuit
- Demonstrating that the landlord’s claims are not genuine or necessary
- Seeking time extensions for special circumstances
A skilled attorney can help tenants identify potential defenses based on their specific situation.
Tenant Compensation Rights
In certain situations, tenants may be entitled to compensation:
- If evicted due to false claims of need by the landlord
- When the landlord rents the property to someone else within three years after eviction for personal need
- For early termination of the lease without legal grounds
These provisions discourage landlords from using false pretenses to evict tenants.
Special Protections for Residential Tenants
Residential tenants enjoy additional protections compared to commercial tenants:
- Longer notice periods for termination
- Restrictions on rent increases
- Special consideration for vulnerable groups
- Continuation of lease despite change in ownership
These additional protections reflect the importance of housing stability for individuals and families.
Common Challenges and Solutions
Dealing with Problematic Tenants
Landlords facing difficult tenant situations should:
- Document all issues meticulously
- Communicate concerns in writing
- Follow legal procedures strictly
- Consider alternative dispute resolution before litigation
- Consult with a real estate attorney specialized in tenant disputes
Taking shortcuts or resorting to harassment can lead to legal consequences for landlords.
Fastest Legal Methods for Eviction
When time is of the essence, landlords can expedite the process by:
- Using an enforcement proceeding through execution offices for non-payment cases
- Ensuring all documentation is complete and accurate
- Engaging an experienced attorney familiar with eviction procedures
- Considering settlement offers that might result in voluntary departure
While no method is immediate, proper preparation can significantly reduce delays.
Can Police Evict Tenants in Turkey?
Contrary to common belief:
- Police cannot independently evict tenants
- A court order or execution office decision is required
- Police may only assist execution officers during a lawful eviction
- Their role is limited to maintaining order during the eviction process
Landlords who attempt to use police to intimidate tenants without a court order may face legal consequences.
Practical Considerations for Landlords
Drafting Effective Lease Agreements
A well-drafted lease agreement can prevent many eviction issues:
- Include clear terms about rent payment dates and methods
- Specify renewal conditions and termination procedures
- Address subletting restrictions explicitly
- Consider including a tahliye taahhütnamesi (evacuation commitment)
- Detail tenant responsibilities regarding property maintenance
Having these elements clearly defined can simplify the eviction process if problems arise.
Documentation and Evidence Collection
Successful eviction cases depend on solid evidence:
- Keep detailed records of all rent payments and communications
- Document any property damage with photographs and repair estimates
- Record instances of disturbance with dates, times, and witness statements
- Retain copies of all formal notices sent to the tenant
- Maintain a chronological file of all tenant-related issues
This documentation will be invaluable if legal action becomes necessary.
Cost and Timeline Expectations
Landlords should be prepared for the financial and time commitments of eviction:
- Legal fees typically range from at least 55.000 TL (1.446,58 USD ve 1.271,88 Euro) depending on complexity, however in practice, attorneys typically request 1500 – 3000 USD or Euro
- Court cases can take 6 to 18 months to resolve
- Mandatory mediation may add an additional 1-2 months to the process
- Execution of eviction orders typically takes 15-30 days after court decision
- Advanced preparation can significantly reduce these timeframes
Understanding these realities helps landlords make informed decisions about pursuing eviction.
Conclusion
Navigating tenant eviction in Turkey requires careful attention to legal details and procedures. Landlords must ensure they have valid grounds and follow proper notification protocols, while tenants should understand their legal protections. With the introduction of mandatory mediation, both parties now have additional opportunities to resolve disputes before court intervention becomes necessary.
The process of evicting a tenant in Turkey follows a specific legal pathway that must be adhered to for the eviction to be lawful. While the law provides multiple grounds for legitimate eviction, it also incorporates significant protections for tenants. Both landlords and tenants benefit from knowing their rights and obligations under Turkish law.
For landlords, following proper legal procedures is essential to achieve a successful eviction. For tenants, understanding their rights can help prevent unlawful evictions. In all cases, professional legal guidance from attorneys specialized in real estate law is highly recommended to navigate this complex area of Turkish law.
Soylu Law Office and Tenant Eviction in Turkey
Soylu Law provides expert legal representation in all aspects of Turkish property law and tenant eviction procedures. Our team of specialized attorneys in Istanbul offers comprehensive services for both Turkish citizens and international clients.
We pride ourselves on delivering clear communication and practical solutions while managing international document processing and legal requirements. Our firm has extensive experience handling cross-border real estate transactions and landlord-tenant disputes with foreign parties.
For more assistance or consultation on this matter, you can contact us.
Tenant Eviction in Turkey
