Is the end of the term enough?
In leases of residential and roofed commercial premises, the expiry of the contract alone or the sale of the property alone does not automatically give the landlord the right to eviction.
LANDLORD · TENANT · BUSINESS
In a lease dispute, eviction, determination of the rent and collection of a receivable are different claims. We first review the type of contract, the capacity of the parties, the dates and the evidence, and identify the legal basis of the claim or defense.
Claims based on need, a new owner, an eviction undertaking, default and the extension period; tenant defenses.
Grounds for eviction and time limitsSeparate assessment of the increase cap, the five-year period, comparable rent and extraordinary circumstances.
Determining the rentCollection of rent and ancillary costs; return of the deposit, early move-out, damage and handover of keys.
Receivables and handover guideContract review, defects and maintenance, family residence, sublease, transfer and commercial lease terms.
Contract and the parties’ rightsTourism-purpose housing, land and produce leases (ürün kirası); transactions of foreign tenants and landlords.
Special leasing conditionsNotices, subject-matter and territorial jurisdiction, evidence, the National Electronic Notification System (UETS), legal remedies and enforcement of the decision.
Application and service guideIn leases of residential and roofed commercial premises, the expiry of the contract alone or the sale of the property alone does not automatically give the landlord the right to eviction.
Determination sets the rent to be applied. Adjustment is a different assessment tied to extraordinary circumstances. The five-year rule does not apply the same way to every claim.
In lease disputes, mediation as a condition precedent to litigation is the rule. The provisions on eviction through enforcement without a judgment are the exception; once enforcement proceedings have been initiated, the nature of the claim is reviewed separately.
The type of lease, the capacity of the parties, the rental period, and the payment and service records are assessed together.
The ground for eviction, the receivable calculation or the defense is matched with the available documents and the evidentiary requirements.
A formal notice, negotiation, mediation, litigation or enforcement route is pursued according to the circumstances of the file.
Important developments are reported; the stages of legal remedies, eviction, handover and collection are tracked separately.
Which claim is to be assessed, approaching time limits, missing documents and the scope of services are clarified. The attorney’s fee and the litigation and enforcement costs are explained separately. Representation begins after acceptance of the matter and the necessary authorization; the opposing parties to the same dispute are not represented together.
Güneş & Güneş Law Firm, founded in Kemer in 1999 and based in Antalya since 2007, provides legal services. Advisory work, representation in mediation, and litigation and enforcement work for lease disputes in all 81 provinces of Türkiye are planned according to subject-matter and territorial jurisdiction, evidence and representation requirements.
For landlords living abroad and for foreigners and businesses who are tenants in Türkiye, the power of attorney, service of notices, payment and the language of the contract are assessed separately. Representation in Türkiye and the local procedures that may be required in a foreign country are handled separately.
Languages of communication: Turkish · English · German · Russian
The statutory eviction and enforcement procedure must be followed. Changing the lock or securing eviction by interrupting use may give rise to legal and criminal liability. The basis of the claim and the necessary route of application must be determined first.
The absence of a written contract does not by itself mean that there is no lease relationship. Payment records, handover and lawful correspondence are important. The proof and the conditions of the enforcement route to be chosen are reviewed separately.
No automatic conclusion can be drawn. The handover, issue and vacating dates; how the document was given, the filling-in agreement, objections regarding the signature and defects of intent, and the burden of proof are assessed together. Keep the original of the document and the related correspondence.
The timing and amount of the payment, the period it relates to and the legal route chosen are decisive. Payment within the default period does not lead to the same result as two justified formal notices or a separate claim of need.
The security deposit and a due rent debt are assessed separately. Not paying the last month’s rent without reviewing the conditions for return, set-off and offsetting, or an express agreement between the parties, may lead to a dispute over default.
The rental and payment periods, the eviction and key handover date, the security deposit, damage, ancillary costs, the scope of the release and the fate of existing enforcement proceedings must be clear. The conditions for enforceability are assessed separately.
There is no single duration or fee that suits every file. The claim, the evidence, service, court-appointed experts and the legal remedies stage all affect the process. The attorney’s fee and expenses are explained separately once the scope of the work is determined.
The matter and documents can be assessed by telephone or online consultation. The power of attorney, foreign documents, translation and service requirements needed for representation in Türkiye are determined according to the file.
Depending on the type of lease and the claim, the following regulations are assessed together.
This content is general information. Information and documents you share are kept confidential and used for legal assessment and within the agreed scope of service. An inquiry alone does not create an attorney–client relationship and does not stop time limits. The legal conditions of the specific matter are reviewed separately.