1. Legal Basis and Legal Nature of the Re-Letting Prohibition
Article 355 of the Turkish Code of Obligations No. 6098 establishes a special sanction mechanism that protects tenants against unfounded eviction grounds. The purpose of this provision is not to restrict the owner's right of ownership, but to ensure that the claim "I need it" is made in good faith and to prevent abuse of rights (Article 2 of the Turkish Civil Code (TMK)).
Scope of application: This prohibition applies only to leases of residences and roofed commercial premises. It does not apply to fields, plots of land, or premises intended for temporary use of less than six months. In addition, this rule is relatively mandatory in nature, so provisions inserted into a lease contract from the outset stating that "the tenant has waived TBK Article 355 compensation" are legally void.
2. In Which Eviction Grounds Does the Three-Year Prohibition Apply?
The prohibition does not arise in every case of moving out. It applies only to the following specific statutory eviction routes:
- The need of the landlord (lessor) or of relatives defined by law (spouse, descendants, ascendants) for a residence or workplace (TBK Article 350(1))
- The need of the new owner for a residence or workplace (TBK Article 351)
- Reconstruction or zoning of the property (substantial renovation) (TBK Article 350(2))
Key distinction: In cases where the tenant fails to pay rent (default), signs an eviction undertaking, the maximum ten-year extension period has expired, or the lease is terminated on two justified formal notices, the TBK Article 355 provision (the three-year re-letting ban) does not apply.
3. The Key Condition for Compensation: A Court Judgment and Enforcement
For the former tenant to receive the one-year compensation, the manner in which the property was vacated is the most vital factor determining the outcome of the case. The phrase "when he has had it vacated" in the law is interpreted very narrowly by the Court of Cassation.
Can a Tenant Who Leaves Following a Formal Notice Claim Compensation?
No. According to the current case law of the Court of Cassation, if the tenant vacates the home before any court proceedings begin, following a notarized notice from the landlord saying "My son is coming, vacate the home or I will sue," the tenant cannot claim this compensation.
Current Position of the 3rd Civil Chamber of the Court of Cassation (2025–2026 Outlook)
In its decision dated 24.06.2025, E. 2024/3099, K. 2025/3540 (and the dissenting opinion written on that decision), the 3rd Civil Chamber of the Court of Cassation (Yargıtay 3. Hukuk Dairesi) has drawn the limits of the current practice very clearly. In the case, the eviction judgment had become final, enforcement proceedings had been initiated, and the enforcement order had been served on the tenant. The tenant company handed over the key itself so that enforcement officers would not come to the premises and damage its commercial reputation. The majority of the Court of Cassation dismissed the action because the forcible removal through enforcement officers (icra memuru marifetiyle) had not actually taken place.
(The dissenting opinion argued that the final judgment and the enforcement order had already made the eviction mandatory, and that the tenant's departure could not be regarded as voluntary.)
Practical legal strategy: To keep the tenant from losing this right, when the eviction action ends against the tenant, the tenant must hand over the key not in person to the landlord, but by making a statement to the Enforcement Office (İcra Müdürlüğü) file carrying out the eviction and having it recorded in an official record (tutanak).
4. When Does the Three-Year Period Start and What Is the "Justified Reason" Exception?
The three-year re-letting prohibition period begins not on the date the court decides, but on the date on which the tenant actually vacates and hands over the property.
Justified reason exception: If the landlord re-lets the home to another person within three years after it has been vacated, the landlord will, as a rule, pay compensation. However, the phrase "without a justified reason" in the text of TBK Article 355 gives the landlord a line of defense. A justified reason must be circumstances that arose later, could not have been foreseen, and do not result from the landlord's own fault.
- Circumstances that may be accepted: the sudden death of the son or daughter who had the need, an unexpected mandatory assignment, or the physical condition of the home being unsuitable for use at that time due to a serious illness.
- Circumstances that will not be accepted: reasons dependent on the landlord's own will, such as "my son gave up going abroad," "I did not demolish the wall between the shops," or "I experienced financial difficulties." (Court of Cassation 6th Civil Chamber, E. 2015/7078)
5. Amount, Tax Treatment and Scope of Compensation
How Much Is the Compensation?
Under TBK Article 355, compensation cannot be less than the total one year's rent paid by the former tenant in the last rental year. Example: If the tenant paid 30,000 TL per month in the last year, the statutory minimum compensation that can be claimed is 360,000 TL. The amount for which the new tenant rents the home (for example, 50,000 TL) does not change the minimum compensation calculation.
Can More Than One Year's Amount Be Claimed?
Yes, this amount is a floor. If the tenant proves with concrete invoices and documents expenses such as moving costs, the commission paid for the new home, any loss of business profit, or mandatory decoration costs, the tenant may claim compensation exceeding one year's rent.
Tax Treatment of the Compensation (Tax Law Dimension)
Compensation paid by the landlord is not "rental income." Because it is a payment that compensates for a reduction in the tenant's assets or for a breach of contract, it is exempt from income tax within the scope of the Income Tax Law No. 193 (GVK), and withholding (stopaj) or KDV does not need to be calculated on it.
6. Competent Court, Mandatory Mediation and Procedural Changes
Competent Court
In all claims and compensation actions arising from a rental relationship, regardless of the amount, the competent court is the Civil Court of Peace (Sulh Hukuk Mahkemesi).
Mandatory Mediation and Critical Tactics
As of 1 September 2023, it is mandatory to apply to mediation before filing an action in rental disputes. Practical strategy: During the mediation process, landlords sometimes try to escape liability by transferring (selling) the property to someone else. A collusive (simulated) sale (muvazaa) does not remove liability under TBK Article 355. In the mediation minutes, the tenant should clearly state the claim (for example: at least one year's rent + moving loss + statutory interest) and should request that the start date of interest be the "date the new lease agreement was concluded."
Amendment to Law No. 6100 on Civil Procedure (HMK) Article 107 in 2026
With Law No. 7589, which entered into force on 31.07.2026, Article 107 of the Civil Procedure Law No. 6100 (HMK) (action for an indeterminate claim) has been repealed. Such actions must now be brought as a partial action (HMK Article 109). The strategy of increasing the amount of the claim once, at any time until the investigation is completed, must be designed by lawyers according to this new procedure.
7. The Position of TBK Article 355 in Court Decisions
Individual Application Before the Constitutional Court (AYM)
Although the landlord has the right to use the property as they wish within the scope of the right of ownership (Article 35 of the Constitution), the Constitutional Court considers the statutory limitations protecting the weaker party, the tenant, in residential and commercial evictions, such as the three-year prohibition, to be proportionate and consistent with the Constitution, in line with the principle of the social state governed by the rule of law.
Burden of Proof and Regional Court of Appeal (BAM) Decisions
Regional Courts of Appeal (BAM) do not regard screenshots of listings on property websites (such as sahibinden.com) as sufficient proof on their own that the home was re-let to a third party. Strong evidence tools:
- Obtaining from the court the e-Government address registration (population directorate) records of the person who has moved in.
- Requesting from the relevant institutions the records of who opened smart meter subscriptions for water, electricity and natural gas, and when.
- The dues register of the site or building management.
8. Practical Checklist: What to Do and What to Avoid
✅ Things to do:
- Once the eviction action is concluded, hand over the key through a record drawn up on the enforcement file, not in person.
- After moving out, monitor the property periodically for three years (rental listings, utility subscriptions).
- Apply for mediation within 2 years from the moment you learn that the home has been re-let (or that the new tenant has moved in) (to guard against the risk of limitation).
- Keep receipts and invoices for expenses incurred while moving (transport, painting, commission), issued in your name.
❌ Things to avoid:
- Do not vacate the home and later expect to file a compensation action simply because a notarized formal notice arrived or a WhatsApp message saying "my son is getting married" was sent. (Your action will be dismissed on procedural grounds.)
- Do not vacate the home on the basis of an "ikale (bozma) sözleşmesi" or an eviction undertaking signed between the parties before the court process has concluded. The re-letting ban (TBK Article 355) cannot be applied to evictions based on an eviction undertaking.
For more details, see our article on eviction action on grounds of need.
Conclusion
When a landlord re-lets a home to someone else after having obtained the tenant's eviction on grounds of need, Turkish law of obligations attaches a serious compensation sanction to this conduct. However, it is just as important to pursue the right in the proper procedural manner as it is to be in the right. In "voluntary" evictions carried out without going through the court and enforcement stages, the path to compensation is closed. For this reason, the process should be conducted from the very beginning under the strategy of a specialist real estate lawyer.
For a legal assessment: To evaluate whether your matter meets the conditions of TBK Article 355, and to analyze the eviction judgment and the new rental process, you may contact Güneş & Güneş Law Firm.
Privacy and Disclaimer: This article has been prepared for general informational purposes in light of academic work and Court of Cassation case law, in accordance with the legislation current in 2026. Every legal dispute differs according to the specific circumstances of the case. Before taking any legal action, it is recommended that you obtain a legal opinion specific to your file.