Evicting a Tenant

This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Kiracı Tahliyesi: Yasal Yollar ve Dikkat Edilmesi Gerekenler.

A tenant may be evicted only on a ground listed in the statute, and only through the court or the enforcement office. A decision taken by the landlord alone — changing the lock, cutting the utilities, removing the tenant's belongings — is not an eviction. It is a criminal offence. Which ground attaches to which time limit and which forum is set out in the table below.

Turkish law balances the two sides deliberately: the landlord has real remedies, but they are procedural and exhaustively listed. Choosing the wrong route costs months, and missing a one-month window can cost a whole lease year.

Throughout, TBK means the Turkish Code of Obligations No. 6098.

On What Grounds Can a Tenant Be Evicted?

The grounds fall into two families.

Grounds arising from the tenant:

• Non-payment of rent. The landlord serves a written warning notice allowing thirty days for payment. If payment is not made within that period the right to evict arises. Separately, where two justified written warnings have been given within a single lease year, an action may be brought at the end of that year.
• Use contrary to purpose. Using a property let as a dwelling for business, or otherwise outside the agreed purpose, is a ground for termination.
• Assignment or subletting. Transferring the tenancy or subletting without the landlord's written consent is a ground for termination (TBK art. 322).
• Harm to neighbours. Persistent noise, aggressive conduct or damage to the property.

Grounds arising from the landlord:

• Genuine need. Where the landlord, their spouse, children or parents genuinely need to occupy the property themselves. The need must be real, sincere and pressing, and must be evidenced.
• Reconstruction or substantial repair. Where the works make continued occupation impossible. When they are complete, the former tenant has a right of first refusal.
• Written undertaking to vacate. Given by the tenant after the tenancy began, before a notary or in ordinary written form, it creates an obligation to leave on the stated date.

Enforcement Office or Court?

Where the rent is unpaid, the fastest route is enforcement proceedings:

1. The landlord applies to the enforcement office for a payment order to be served on the tenant.
2. The order allows thirty days for payment.
3. If the tenant neither pays nor objects within that period, the landlord may ask the enforcement court for an eviction order.
4. Once the order is final, the enforcement office allows a further period to vacate; if the property is not vacated, eviction is carried out by enforcement officers.

An objection by the tenant stays the proceedings. The landlord must then either seek removal of the objection before the enforcement court or bring an annulment action before the ordinary court — both of which require a judicial decision and time.

Bringing an Eviction Action

Where the enforcement route is unavailable, or the ground is something other than unpaid rent, the action is brought in the civil court of peace at the location of the property.

• Genuine need. The action must be brought within one month of the end of the lease term. If that window is missed, the landlord must wait for the end of the next period.
• New owner. A purchaser must serve a written warning notice within one month of registration of the title and bring the action six months later.
• Undertaking to vacate. Where the tenant does not leave on the undertaken date, the action follows within one month; the undertaking must have been given after the tenancy began.
• Re-letting ban. Property recovered on the ground of need or reconstruction may not be let to anyone other than the former tenant for three years without just cause. Breach entitles the former tenant to compensation of not less than one year's rent (TBK art. 355).

The Tenant's Protections

• Notice periods. These differ by contract type and are often confused. In a fixed-term residential tenancy the tenant gives notice at least fifteen days before the end of the term, failing which the contract extends by a year; the landlord may give notice without reason only after ten years of extension, three months before the end of an extension year (TBK art. 347). In an indefinite-term tenancy, TBK art. 328 applies a three-month termination period with three months' notice.
• Return of the deposit. At the end of the tenancy the deposit must be returned unless there is an unpaid debt or damage caused by the tenant. If it is not, the tenant may pursue it by enforcement or by action.
• Compensation. A tenant subjected to an unlawful eviction may claim the loss suffered.
• Service charges. The tenant is liable for the charges attributable to their period of occupation, but that liability governs the relationship with the landlord; the building management makes its claim against the owner.

"If the tenant assigns the leased property or sublets it contrary to the contract, the landlord may terminate the contract."

TBK art. 322

Practical Points for Landlords

• Send every warning notice through a notary or by registered post with acknowledgement of receipt. E-mail is not sufficient.
• Take rent through a bank account; where cash is unavoidable, issue receipts.
• Record the condition of the property on handover and on return, with photographs.
• If relying on genuine need, assemble the evidence of it in advance — residence records, the existing lease of the person who will occupy.
• Choose the route before starting. The wrong one costs the whole lease year, not just the filing fee.

Frequently Asked Questions

Can I evict a tenant myself?

No. Changing the lock, cutting utilities or removing belongings may amount to criminal offences. Eviction goes through the court or the enforcement office.

Which is faster, enforcement or a court action?

For unpaid rent, enforcement proceedings. They start on a payment order allowing thirty days and do not require mediation first.

The tenant objected to the payment order. What now?

The proceedings stay. You must seek removal of the objection before the enforcement court or bring an annulment action before the ordinary court.

I bought a tenanted property. How soon can I evict?

Serve written notice within one month of registration of the title, then bring the action six months later. Missing the one-month notice closes this route.

Can I re-let the property after evicting for my own need?

Not to anyone other than the former tenant for three years without just cause. Breach entitles the former tenant to compensation of not less than one year's rent.