Tenant eviction in Turkey is governed by a strict legal framework that limits the circumstances under which a landlord may seek the removal of a tenant from a residential or commercial property. The Turkish Code of Obligations No. 6098 establishes the rules applicable to lease agreements for dwellings and roofed workplaces, with the eviction grounds set out in Articles 350 through 356. These provisions operate on the principle of numerus clausus, meaning that a landlord may only pursue eviction for the specific reasons enumerated in the law. Contractual clauses that expand or modify these grounds to the detriment of the tenant are considered void under Article 354.
This protective approach reflects the broader policy of Turkish rental law, which is designed to provide tenants with security of tenure while balancing the legitimate interests of property owners. Understanding the legal grounds and procedural requirements for eviction is essential for landlords who need to recover their property, as well as for tenants who wish to protect their right to continued occupancy.
Automatic Renewal of Lease Agreements
One of the fundamental features of Turkish rental law for dwellings and roofed workplaces is the principle of automatic renewal. Under Article 347 of the Turkish Code of Obligations, a fixed-term lease agreement is automatically extended for successive one-year periods unless the tenant provides written notice of termination at least fifteen days before the expiration date. The landlord, by contrast, cannot terminate the lease simply because the contract period has ended.
Article 347 of the Turkish Code of Obligations: In leases of dwellings and roofed workplaces, unless the tenant notifies in writing at least fifteen days before the expiration of the fixed term, the lease shall be deemed renewed for one year under the same conditions. The landlord may not terminate the lease on the sole basis that the lease period has expired.
This means that a landlord who wishes to evict a tenant must rely on one of the legally recognized eviction grounds rather than simply waiting for the lease to expire. The only exception to this rule arises after ten consecutive years of renewal, at which point the landlord acquires the right to terminate the lease without providing any specific reason, provided that written notice is given at least three months before the end of the relevant renewal year.
Eviction Based on the Landlord’s Personal Need
The most commonly invoked ground for eviction in Turkish practice is the landlord’s personal need to use the property as a dwelling or workplace. Article 350 of the Turkish Code of Obligations permits the landlord to file an eviction lawsuit when the landlord, the landlord’s spouse, descendants, ascendants, or other persons whom the landlord is legally obligated to support need to use the leased property for residential or commercial purposes.
Article 350, paragraph 1 of the Turkish Code of Obligations: The landlord may file for eviction if the landlord, the landlord’s spouse, descendants, ascendants, or persons whom the landlord is legally obligated to support require the leased property for use as a dwelling or workplace.
The need asserted by the landlord must be genuine, sincere, and compelling. Courts scrutinize claims of personal need carefully and reject cases where the landlord’s true motivation appears to be obtaining a higher rent or replacing the current tenant with a different one. Evidence supporting the claim may include proof that a family member is getting married and needs a residence, documentation of a health condition requiring relocation to the specific property, or business records demonstrating a genuine need to operate from the leased premises.
If eviction is granted on the basis of personal need, Article 355 imposes a significant restriction on the landlord’s subsequent use of the property. The evicted tenant’s right to re-lease the property takes priority for three years following the eviction, and the landlord may not lease the property to a third party during this period without a justified reason. Failure to comply with this rule exposes the landlord to a compensation claim by the former tenant.
Eviction Due to Reconstruction or Major Renovation
A landlord may also seek eviction when the leased property requires reconstruction, substantial repair, expansion, or structural alteration, and these works make it impossible for the tenant to continue occupying the premises during the construction period. This ground is regulated under Article 350, paragraph 2, and applies only to works of a fundamental nature. Ordinary maintenance, cosmetic improvements, or minor repairs do not qualify as grounds for eviction under this provision.
To succeed in an eviction case based on reconstruction or major renovation, the landlord must present the court with concrete evidence demonstrating the necessity and scope of the planned works. This typically includes architectural plans, construction permits, engineering reports, and project approvals from the relevant municipal authorities. The court evaluates whether the proposed works genuinely require the tenant to vacate the property and whether the landlord’s claim is supported by sufficient documentation.
As with eviction based on personal need, the former tenant retains a priority right to re-lease the property after the completion of the reconstruction works. The landlord is required to notify the former tenant before offering the property to third parties, and the new rental terms must not be less favorable than those offered to others.
Eviction Based on a Written Eviction Commitment
Turkish law recognizes the written eviction commitment, known as tahliye taahhütnamesi, as a valid ground for eviction under Article 352 of the Turkish Code of Obligations. This document is a written statement by the tenant, issued after taking possession of the property, committing to vacate the premises on a specific date.
Article 352, paragraph 1 of the Turkish Code of Obligations: If the tenant has issued a written commitment to vacate the leased property by a specific date and fails to do so, the landlord may terminate the lease by filing an eviction lawsuit or initiating enforcement proceedings within one month from the date specified in the commitment.
The validity of the eviction commitment is subject to strict conditions established through case law. The commitment must be signed after the tenant has taken possession of the property, not at the time of signing the lease agreement. Commitments obtained simultaneously with the lease are presumed to have been given under pressure and are treated as invalid by the courts. The Supreme Court examines the circumstances under which the commitment was obtained with particular care, focusing on whether the tenant’s consent was freely given.
Eviction for Non-Payment of Rent
Non-payment of rent constitutes one of the most straightforward grounds for eviction under Turkish law, though it is subject to specific procedural requirements. Article 315 of the Turkish Code of Obligations provides that if the tenant fails to pay the rent on time, the landlord may send a written notice granting a period of at least thirty days for payment, after which the landlord may terminate the lease if the payment is not made.
In addition to the default-based termination under Article 315, Turkish law provides a separate mechanism under Article 352, paragraph 2, known as eviction through two justified warnings. If the tenant has caused the landlord to issue two written warnings for late payment of rent within a single lease year, the landlord may file for eviction within one month following the end of that lease year.
Article 352, paragraph 2 of the Turkish Code of Obligations: If the tenant has caused two justified written warnings to be issued for late payment of rent within a lease year or within the lease period for agreements of less than one year, the landlord may terminate the lease by filing a lawsuit within one month from the end of the lease year or the lease period.
The two warnings must relate to different months’ rent, and each must be properly served on the tenant. The landlord must demonstrate that the warnings were justified, meaning that the rent was indeed overdue at the time the warning was issued. Enforcement proceedings through the Execution Office also provide an alternative route for landlords seeking both the collection of unpaid rent and the eviction of the tenant simultaneously.
Eviction by the New Owner
When a leased property is sold to a new owner, the existing lease agreement automatically transfers to the new owner, who becomes bound by its terms. However, Article 351 of the Turkish Code of Obligations grants the new owner the right to seek eviction on the basis of personal need, subject to specific procedural conditions.
Article 351 of the Turkish Code of Obligations: If the person who subsequently acquires the leased property requires it for use as a dwelling or workplace for themselves, their spouse, descendants, ascendants, or persons they are legally obligated to support, the new owner may terminate the lease by filing a lawsuit six months after the acquisition date, provided that the new owner notifies the tenant in writing within one month of the acquisition.
The written notification requirement within the first month of acquisition is a mandatory condition. If the new owner fails to send this notification, the right to pursue early eviction based on personal need is forfeited, though the new owner may still file an eviction lawsuit at the end of the current lease period.
Eviction After Ten Years of Renewal
Turkish law provides landlords with a termination right that does not require any specific eviction ground, but only becomes available after the lease has been renewed for ten consecutive years. Under Article 347, the landlord may terminate the lease at the end of any renewal year following the tenth year of extension, provided that written notice is given at least three months before the end of the relevant renewal year.
This provision recognizes that while tenant protection is a core objective of Turkish rental law, it must be balanced against the property owner’s interest in eventually regaining control of the asset. The ten-year rule applies regardless of whether the tenant has fulfilled all obligations under the lease. Once the requisite notice period has been observed, the landlord may file an eviction lawsuit if the tenant refuses to vacate the premises.
Procedural Requirements and Competent Court
Eviction lawsuits in Turkey are filed before the Civil Court of Peace in the jurisdiction where the property is located. This jurisdictional rule is mandatory and cannot be altered by agreement between the parties. Before filing certain types of eviction lawsuits, the landlord is required to initiate mandatory mediation proceedings. This requirement, introduced as part of broader judicial reforms, aims to encourage the resolution of rental disputes outside of court.
The timing of the eviction lawsuit is critical. For most eviction grounds, the landlord must file the lawsuit within one month following the expiration of the lease period. If this deadline is missed, the landlord risks having the case dismissed on procedural grounds. However, a written notification sent to the tenant before the deadline preserves the landlord’s right to file the lawsuit within the following renewal year.
It is important to emphasize that self-help eviction is strictly prohibited under Turkish law. A landlord who attempts to remove a tenant by changing locks, cutting utilities, removing belongings, or using physical force commits a criminal offense. Eviction may only be carried out through a court order enforced by the Execution Office, regardless of the strength of the landlord’s legal position.
Real Estate Lawyer in Istanbul – Attorney Ozan Soylu
Attorney Ozan Soylu is a practicing lawyer based in Istanbul, advising landlords and tenants on eviction proceedings, lease disputes, and rental law matters across Turkey. His practice covers need-based eviction lawsuits, enforcement of eviction commitments, non-payment cases, and the defense of tenant rights before the Civil Courts of Peace.
For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.
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