On what grounds can eviction be sought?
Main methods: the housing need of the landlord or their relatives, substantial renovation, the tenant's non-payment of rent (two justified notices), a written eviction undertaking, and the expiration of the ten-year extension period.
Why is the notice critical?
A significant portion of eviction lawsuits are procedurally dismissed due to errors in the notice period and content. Which ground is subject to which period, should the notice be issued by a notary, on what date should the lawsuit be filed — this timeline must be established without error.
How does the process work?
Depending on the reason, eviction proceedings are initiated through a lawsuit in the Civil Court of Peace or via enforcement proceedings. Enforcement proceedings based on an eviction undertaking are often the fastest method. In any case, the contract, payment records, and notices form the basis of the evidence file.
The 'Sincerity' Condition in Eviction Due to Need
The housing need for the landlord themselves, their spouse, descendants, ascendants, or dependents must be genuine and sincere; the court investigates whether the need is compulsory and continuous. Real estate evicted due to need cannot be rented to anyone other than the former tenant within three years without a just cause; otherwise, compensation in favor of the tenant arises.
New Owner's Right of Eviction
The new owner who subsequently acquired the real estate, if they have a housing or workplace need for themselves or their relatives, can request eviction with a lawsuit to be filed six months later, provided they notify the tenant in writing within one month from the acquisition date. If they wish, they can choose not to pursue this method and wait for the contract term to end. If the one-month notification period is missed, this special opportunity is lost for that period.
How Does the Two Justified Notices Method Work?
Against a tenant who has been sent two justified written notices for not paying rent within a rental year, an eviction lawsuit can be filed within one month starting from the end of the rental year. The notices must belong to the same rental year and relate to different months, and the delayed month and amount must be clearly stated. Notary channels provide ease of proof.
Validity Conditions for Eviction Undertaking
For the undertaking to be valid, it must be written, given after the delivery of the leased property (i.e., after the lease relationship is established), and must include the evacuation date. Undertakings signed simultaneously with the contract may be deemed invalid. The landlord relying on a valid undertaking can initiate enforcement proceedings or file a lawsuit within one month from the date of the undertaking — the enforcement route is often the fastest.
The Ten-Year Rule and Rent Determination
In fixed-term residential leases, the contract can be terminated by the landlord without stating a reason after the expiration of the ten-year extension period — with the condition of giving notice at least three months before the end of each extension year. Additionally, in leases that have completed five years, it is possible to adjust the rent to the market rate with a rent determination lawsuit; this method is an alternative balancing tool to eviction. For your specific situation, you can schedule a preliminary consultation from our real estate and rental law page.
Practical Notes: Lawsuit or Enforcement?
The most critical decision for landlords is choosing the right path. If rent is not paid, Example 13 enforcement proceedings with notice (Turkish Enforcement and Bankruptcy Law, Article 13) often yield the fastest result: if the debt is not closed within the thirty-day payment period, eviction can be requested from the enforcement court. In contrast, evictions due to need and new ownership are only possible through a lawsuit, and the sincerity of the need is meticulously scrutinized. However, in the case of an eviction undertaking, if the tenant objects, preparation should be made for signature and date examination; undertakings with blank dates often lead to serious disputes in practice. There are also things tenants should know: the right to object to irregular notices or expired claims, the return of the deposit, and reasonable time liability in early eviction of the leased property. The common rule for both parties is this: every step taken in a rental relationship — payment, notice, undertaking — must be written and dated; verbal agreements are null and void at the lawsuit stage. In the dense rental market around our Fabrikalar office, tenant eviction cases in Kepez most often turn on whether these dates and notices were handled correctly from the start.
Timeline for the Landlord
All eviction methods are time-bound: in lawsuits due to need, one month from the end of the contract; for new owners, notice within one month from acquisition + lawsuit six months later; in two justified notices, one month from the end of the rental year; in eviction undertakings, one month from the date of the undertaking. Missing even a single day of these periods means the loss of the right for that period, and it becomes necessary to wait for the next rental year. Establishing the timeline before the lawsuit strategy is therefore essential.
Eviction Process Checklist
Before the lawsuit or proceedings, compile the following:
- Lease agreement and, if any, written eviction undertaking
- Bank records showing rent payments
- Sent notices and proof of service
- In the claim of need, concrete documents demonstrating the need
- Land registry record of the real estate and acquisition date (in the case of a new owner)
To choose the fastest method suitable for your specific situation, you can schedule a preliminary consultation from our real estate and rental law page.
Resources
- 6098 sayılı Türk Borçlar Kanunu (Turkish Code of Obligations No. 6098) Art. 347, Art. 350-352 (grounds for eviction, two justified notices, ten-year extension) — mevzuat.gov.tr
- 2004 sayılı İcra ve İflas Kanunu (Turkish Enforcement and Bankruptcy Law No. 2004) Art. 272 et seq. (enforcement route based on eviction undertaking)
Current versions of legal texts can be accessed via mevzuat.gov.tr.