Eviction Actions and Grounds for Eviction
As a rule, a landlord cannot evict the tenant of a residence or roofed commercial premises merely because a fixed-term contract has ended. Eviction must rest on one of the grounds and time limits set out in the law. Depending on the nature of the file, the main routes to eviction are the following:
Eviction Undertaking
It matters that the undertaking was given in writing after the leased property was handed over and that it states a specific vacating date. An enforcement proceeding or an action must be brought within one month from the date promised in the undertaking. Allegations that the document was signed in blank, that the date was filled in later, that the tenant’s intent was vitiated, or concerning the ownership of the signature are assessed together with the evidence in the file.
Eviction for Need
The landlord may seek eviction for the residential or business needs of the landlord, the landlord’s spouse, descendants, ascendants, or a person the landlord is legally obliged to support. The need must exist on the date the action is filed, must continue throughout the proceedings, and must be genuine, sincere and compelling. The prohibition on re-letting without a justified reason after eviction, and the rights of the former tenant, must also be taken into account.
Need of the New Owner
A new owner who buys the property becomes a party to the lease. A change of ownership alone is not sufficient for eviction. There must be a need on the part of the new owner or the relatives named in the law, and the notice and the action must be pursued within the time limits in Article 351 of the Turkish Code of Obligations (TBK).
Eviction for Default
If the rent or a due ancillary cost is not paid, the tenant is given a time limit in writing and is notified that the contract will be terminated if payment is not made within that time. In leases of residences and roofed commercial premises, the time limit given must be at least thirty days. Where eviction is sought together with enforcement proceedings, the payment and objection periods are also taken into account separately.
Two Justified Formal Notices
In a lease shorter than one year, within the lease term; in a lease of one year or longer, within a lease year or a period exceeding a lease year, an eviction action may be filed within one month from the end of the relevant period against a tenant who has caused two justified written formal notices (ihtar) because the rent was not paid on time. Which payment relates to which month, and whether a debt existed on the date of the formal notice, are decisive.
Ten-Year Extension Period
In leases of residences and roofed commercial premises, at the end of the ten-year extension period, the landlord may terminate the contract without stating any reason, provided that notice is given at least three months before the end of each extension year following that period. The start date, the base term of the contract and the extension years must each be calculated separately.
Reconstruction and Zoning
Eviction may be requested where use of the leased property becomes impossible during substantial repair, expansion, alteration, reconstruction or zoning works. An abstract idea of renovation is not sufficient; a real and feasible project must be presented, together with why use would become impossible.
Residence of the Tenant or the Tenant’s Spouse
If the tenant or the spouse living with the tenant owns a residence suitable for living within the municipal boundaries of the same district or town, and the landlord did not know this when the contract was made, an eviction action may be brought within one month from the end of the contract.
Breach of Contract and Duty of Care
The tenant is obliged to use the leased property with care and to show the necessary respect to the people living in the same property and to the neighbors. Depending on the nature of the breach, a written formal notice, a correction period of at least thirty days, or, in serious cases, direct termination is considered.
Breach of the Re-letting Prohibition
If a property evicted for need or for reconstruction and zoning is leased to a third party in breach of the conditions in the law, the former tenant may bring a claim for compensation. Whether the eviction took place by court decision or through enforcement, the timing of the re-letting and whether there was a justified reason are examined according to the specific case.
Distinguish the Time Limit by Ground for Eviction
The framework below is for leases of residences and roofed commercial premises. It is built on the calendar, the type of contract and valid service records; the one-month period does not start from the same event for every ground.
| Legal route | Start and time limit | Condition to be reviewed together |
|---|---|---|
| Eviction undertaking · TBK 352/1 | Application to court or enforcement within one month starting from the vacating date promised. | A written undertaking given after handover of the leased property; objections concerning signature, date and intent. |
| Need / reconstruction · TBK 350 | For a fixed term, from the end of the contract; for an indefinite term, one month from the date determined by the general rules on termination periods and notice. | The statutory conditions of the need and of the project; mediation as a condition precedent to litigation. |
| Need of the new owner · TBK 351 | Written notice within one month of acquisition; action six months after acquisition. Alternative: action within one month from the end of the contract. | A sale alone is not a ground for eviction. Whether the written notice reached the tenant in time is examined. |
| Two justified formal notices · TBK 352/2 | According to the distinction in the law between lease term and lease year, one month from the end of the relevant period. | Whether the formal notices were justified in respect of separate due rent debts, and the order of service and payment. |
| Residence of the tenant or spouse · TBK 352/3 | Starting from the end of the contract, one month. | Same district or town, suitability, living together, and the landlord’s knowledge when the contract was made. |
| Default · TBK 315 | A payment period of at least thirty days from the day following service of the written notice on the tenant. | A due debt, a termination warning and valid notice. The objection period in an enforcement payment order is not the same as this. |
| Ten-year extension · TBK 347 | Notice at least three months before the end of the extension year following the ten-year extension. | The initial contract term and the extension years are calculated separately; merely having lived there for ten years is not treated as sufficient. |
Notice and mediation that preserve the time limit for the action
Under the conditions of Article 353 TBK, giving the tenant written notice within the time limit for filing that an action will be filed may extend the time limit for the action by one lease year. This provision does not automatically extend all formal notice, enforcement and payment periods. In mediation as a condition precedent to litigation, the statute of limitations is suspended and the preclusive period does not run from the application until the final record; it should not be assumed that notice and payment periods are suspended as well.
Leaving at the end of the term, from the tenant’s side
In a fixed-term lease of a residence or roofed commercial premises, the tenant’s written notice given at least fifteen days before the end of the term is assessed under Articles 347–348 TBK. The financial consequences of termination at the end of the term and of early handover in the middle of a term are not the same.
How We Work on This Topic
We review the facts that support the ground for eviction, the tenant’s defenses and the time limits together. By determining the requirements for formal notice and mediation, we prepare the appropriate action or enforcement route, and we keep you informed within the agreed scope until the decision is carried out.