Eviction of the Lessee under Turkish Law

In Turkish Law, the lease agreement is regulated under Article 299 and following the Turkish Code of Obligations (TCO). Residential and roofed workplace leases are regulated as a special type of lease agreement arising from the leased premises. For instance, while a residence or a store falls within this scope, a field or an unroofed parking lot will not be subject to these provisions. The eviction of this kind of leased premises is subject to more severe conditions. 

In the continuation of this article, the eviction issue in residential and roofed workplace lease agreements will be examined, and it is possible to evict the leased property due to the expiration of the ten-year period or through litigation or execution.

Eviction Case Due to the Expiration of the Ten-Year Period

Pursuant to Article 347/1 of the TCO, in residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the expiration of the term of the fixed-term contracts, the contract is deemed to be extended for one year with the same conditions. The landlord cannot terminate the contract based on the expiration of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that the landlord gives notice at least three months before the end of each extension year following this period.

If a term is not set when the lease agreement is concluded, the lessee may terminate the agreement at any time, and the landlord may terminate the agreement with a termination notice after ten years from the beginning of the lease, by complying with the termination period and notice periods. The legal termination period is the end of the six-month lease period and the termination notice period is three months. Accordingly, the landlord must give notice after the end of the sixth month and before the end of the ninth month of the one-year lease period at the end of ten years. The notification made without complying with these periods shall be valid for the next lease period.

A notice not made in writing is not valid. 

Eviction of the Tenant by Lawsuit or Execution

It should be noted that the lessor can only terminate the lease agreement based on the grounds for termination specified in the law. It is not possible to evict the tenant for a reason that is not included in the law. These reasons are shown below.

Eviction Case Due to the Lessor’s Need for Housing or Workplace

The lessor may terminate the lease agreement by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions regarding the lease for indefinite term agreements or at the end of the term for fixed-term agreements, if the landlord is obliged to use the leased property for himself, his spouse, his spouse, his descendants, his ascendants or other persons who are legally dependent on him due to the need for housing or workplace.

In order to terminate the contract for this reason, the lessor’s need for housing must be

real and sincere. If the landlord has other immovable properties available, it cannot be said that his need is sincere.

Eviction Cases for Reconstruction

The lessor may terminate the lease agreement by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination in accordance with the general provisions regarding the lease for indefinite term agreements or at the end of the term for fixed-term agreements, if it is necessary to repair, expand or change the lease for the purpose of reconstruction or construction of the lease and the use of the lease is impossible during these works.

In order for the contract to be terminated for this reason, the construction and reconstruction must be of a substantial nature and the use of the lease during this activity must not be possible.

Eviction Case Due to the New Owner’s Need

If the person who subsequently acquires the leased property is obliged to use it for himself/herself, his/her spouse, his/her descendants, his/her ascendants or other persons who are legally dependent on him/her, he/she may terminate the lease agreement with a lawsuit to be filed after six months, provided that he/she notifies the lessee in writing within one month starting from the date of acquisition.

The person who subsequently acquires the leased property may also exercise his right to terminate the contract due to necessity by filing a lawsuit within one month starting from the end of the contract period.

Eviction Based on Eviction Undertaking

If the lessee has undertaken in writing to vacate the leased premises on a certain date after the delivery of the leased premises but has not vacated the leased premises, the lessor may terminate the lease agreement by applying for execution or filing a lawsuit within one month starting from this date.

The document in which the lessee undertakes to vacate the leased property on a certain date is called an eviction undertaking. In order for this document to be valid, the document must be issued after the delivery of the leased property. An evacuation undertaking issued without the delivery of the leased property will not be valid.

Eviction of the Leased Property by Execution in Case of Non-Payment of the Lease Fee

In case of non-payment of the rent, the lessor may resort to enforcement or litigation for the collection of the receivable. On the other hand, in the enforcement law, a special procedure is regulated under Article 269 of the Enforcement and Bankruptcy Law, where the rent money can be demanded together with the evacuation of the lease. Accordingly, the tenant is given a 30-day period in terms of housing and roofed workplace rents and notified to pay the rent money, otherwise, the rent will be evicted. In the event that the rent is not paid and no objection is made to the proceeding, the lessor may request eviction with the lawsuit to be filed in the Enforcement Law Court.

Eviction Case Due to Non-Payment of Rent and Two Rightful Notices To Tenant,

Within the lease period; 

• for lease agreements with a term of less than one year; 
• for lease agreements of one year or more, within one lease year or
• for a period exceeding one lease year,

the lessor may, within one month from the end of the lease term and, for leases of more than one year, from the end of the lease year in which the notices were given, terminate the lease agreement through a lawsuit, if the lessor has been given two justified notices in writing for non-payment of the rent.

Eviction On the Grounds that the Tenant or his/her Spouse has a Residence Within the Municipal Boundaries of the Same District or Town

In the event that the renter or his/her spouse has a residence suitable for habitation within the municipal boundaries of the same district or town, if the lessor does not know this at the time of the conclusion of the lease agreement, he/she may terminate the agreement through litigation within one month starting from the end of the agreement.

If the tenant is divorced or in the process of divorce or has been granted a separation order, the house owned by the spouse cannot be a reason for eviction.

Competent and Authorized Court in Eviction Cases

Lease eviction cases are filed at the Magistrate Civil Court where the leased property is located. 

How Long Do Eviction Cases Last

Depending on the workload of the courthouse where the leased property is located, lease eviction cases can last from 6 months to one and a half years.

How We Can Assist You

In Turkish law, rent disputes have intensified due to the inflationary environment in the economy and the rapid appreciation of real estate. 

As Viridis Legal Partners, we are at your side for the resolution of complex lease disputes and eviction processes with our expert team of real estate lawyers and lease law attorneys in İstanbul. 

Contact us to be your trusted legal support. 

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