Under what circumstances can a landlord evict a tenant?

The Turkish Code of Obligations (TBK) generally adopts an approach that protects the tenant in residential and commercial property leases. Therefore, landlords cannot evict tenants at will on grounds such as the expiration of the lease term. For a tenant to be evicted, a limited number of specific reasons and conditions explicitly listed in the law must be met.

1. Eviction Lawsuits Filed by the Landlord Based on Legal Grounds

The circumstances under which a landlord can request eviction by applying to the court are regulated in Articles 350, 351, and 352 of the Turkish Code of Obligations.

A. Evacuation Due to Necessity (Requirement)

The homeowner need to use the property as a residence or workplace .

• Timeframe for filing a lawsuit: For fixed-term contracts, the lawsuit must be filed within one month of the expiration of the term; for indefinite-term contracts, within one month .

• Important Note: The claim of need must be genuine, sincere, and necessary. After eviction due to necessity, the property for 3 years (re-renting prohibited).

B. Eviction Due to the New Owner's Need

The new homeowner may request the eviction of the tenant due to a residential/business need for the property by their relatives or themselves, as listed above.

• Process and Notice: The new owner of the property must notify the tenant in writing (preferably through a notary) within one month of the transfer of title

• Timing of Action: Following the notice, an eviction lawsuit can be filed 6 months after the purchase date . Alternatively, the new owner may wait until the end of the contract period and exercise their right to file a lawsuit within 1 month.

C. Eviction Due to Reconstruction or Redevelopment

If a property requires substantial repair, expansion, or alteration, and these works render the property unusable, the landlord can file an eviction lawsuit. After the works are completed, the former tenant has priority rights to rent the property.

2. Reasons for Eviction Arising from the Tenant

The eviction process can be expedited if the landlord has legal documentation or evidence based on the tenant's actions or statements.

A. Eviction Based on a Written Eviction Undertaking

If a tenant has made a written commitment to vacate the property on a specific date after taking possession of it , the landlord can request eviction based on this commitment.

• Conditions: The undertaking must be drawn up after the signing of the lease agreement and the handover of the property .

• Deadline: Enforcement proceedings or legal action must be initiated within 1 month from the promised date

B. Eviction Based on Two Justifiable Warnings

In lease agreements shorter than one year or for one year, if the tenant fails to pay the rent within one lease year, or in longer-term agreements, if the tenant fails to pay the rent within a period exceeding one lease year, an eviction lawsuit can be filed if two justified written warnings have been issued

• Timing of the lawsuit: The lawsuit must be filed within 1 month of the end of the rental year in which the two justified warnings were issued .

C. The Tenant Owning Another Residence Within the Same Municipal Boundaries

If the tenant or their spouse residing with them owns a habitable dwelling within the same district or municipality, and the landlord was unaware of this at the time the lease agreement was made, within one month .

3. Eviction in Case of Non-Payment of Rent and Breach of Contract

   Two Main Courses Followed When Rent is Not Paid: [1] Eviction Proceedings with a Request for Eviction (Example No: 13) └── 30-Day Warning Period -> If Not Paid, Eviction in the Enforcement Court [2] Termination Due to Default (Turkish Code of Obligations Article 315) └── Notary Notice (30-Day Period) -> If Not Paid, Lawsuit in the Civil Court

A. Non-Payment of Rent (Default)

If a tenant fails to pay rent on time, the landlord can send a notice giving the tenant at least 30 days' notice , or initiate eviction proceedings (Example No: 13).

If the debt is not paid within the given 30-day period, the landlord can apply to the court or request the eviction of the tenant from the enforcement court.

B. Violation of Duty of Care and Neighborhood Law

The tenant is obligated to use the rented property with care and to show due respect to neighbors. If the tenant fails to fulfill this obligation, the landlord will give the tenant at least 30 days' notice to remedy the situation. If the violation is not remedied within this period, the contract may be terminated and eviction may be requested.

4. Expiration of the 10-Year Extension Period (Eviction Without Justification)

In residential and commercial property leases, even if the lease term expires, the contract is automatically extended for one-year periods. However, the law grants the landlord the right to terminate the contract at the end of a certain period without giving a reason

The 10-Year Extension Rule (Turkish Code of Obligations, Article 347): In a one-year lease agreement, after the original one-year term + the ten-year extension period (a total of 11 years) has expired, the landlord may request eviction without giving any reason, provided they give notice at least three months before the end of each new extension year

Statute of Limitations and Mandatory Mediation

In eviction proceedings arising from rental law, the notice and lawsuit periods specified in the law a forfeiture nature. If these periods are missed, the landlord's case may be dismissed even if they are in the right.

Furthermore, in disputes arising from rental relationships (excluding evictions through enforcement proceedings), mandatory mediation . If an agreement cannot be reached during mediation, the court can be approached with the final report.

What is an Eviction Undertaking? What constitutes a valid eviction undertaking?

In rental law practice, one of the most frequent sources of dispute between landlords and tenants is the eviction undertaking. While this document offers landlords one of the quickest ways to reclaim their property on a specific date, it can become invalid if the legal requirements are not fully met.

1. What is an Eviction Undertaking?

The eviction undertaking regulated in Article 352/1 of the Turkish Code of Obligations (TBK) is a legal transaction in which the tenant unconditionally undertakes in writing to vacate the rented residence or workplace and return it to the landlord on a specified date.

• An eviction undertaking is a unilateral declaration of intent, but its validity is subject to strict formal and temporal requirements.

• A properly completed undertaking gives the landlord the right to file a lawsuit or initiate debt collection proceedings.

2. What are the requirements for a valid eviction undertaking?

In Supreme Court rulings, rigorous criteria are sought regarding the validity of eviction undertakings in order to protect the tenant's weaker position. For an undertaking to be legally valid, it must fully meet the following conditions:

A. Written Form Requirement

The eviction undertaking must in writing . Oral statements have no legal validity. While it is not mandatory for the document to be drawn up in the presence of a notary, having it notarized or at least proving that the signature belongs to the tenant will facilitate proof and prevent any future denial of the signature.

B. The History of Free Will and Regulation (Critical Threshold)

The most common reason for loss of rights is when the undertaking on the same date as or before the lease agreement .

Supreme Court Jurisprudence: Eviction undertakings given before the delivery of the leased property or on the day the lease agreement is signed are considered invalid , as they are deemed to have been signed by the tenant under duress (coercion) .

• Correct Timing: The commitment letter should be issued after the lease agreement has been signed and the tenant has actually moved into the property (after the keys have been handed over) . The "date of issue" on the document is therefore crucial.

C. Must Include a Specific Evacuation Date

The undertaking must clearly state the date ( day, month, and year) when the leased property will be vacated . Undertakings containing ambiguous or vague expressions, such as "one year after the contract ends" or "at the end of the first year," are legally invalid.

D. Signature of the Tenant or Authorized Representative

The undertaking must be signed by the tenant personally. If there is more than one tenant in the rented property (e.g., spouses or partners), the undertaking must be signed by all tenants in order to be valid

3. How to Request Eviction Based on an Eviction Undertaking?

If the tenant fails to vacate the property by the date specified in the eviction agreement, the landlord must pursue legal action, including initiating enforcement proceedings or filing a lawsuit.

   Procedures Followed After Eviction Undertaking: [1] Enforcement Proceedings with Eviction Request (Example No: 14) └── Payment/Objection Period -> Eviction Case in the Enforcement Law Court [2] Eviction Case Directly in the Peace Court └── Filing a lawsuit within 1 month from the termination of the contract

A. Eviction through Enforcement Proceedings (Eviction Request)

The landlord can initiate an eviction proceeding (Example No: 14 payment order) by applying to the enforcement office within 1 month of the promised date

• If the tenant does not explicitly object to the debt and the signature on the undertaking within the legal period (usually 7 days) of notification, or fails to pay the debt, the landlord can request eviction from the enforcement court.

• If the signature is disputed, the landlord must file a lawsuit in the Enforcement Court to have the objection dismissed and to initiate eviction proceedings, requesting a signature review.

B. Eviction Through Direct Litigation

The landlord may also choose to file an eviction lawsuit directly in the Civil Court of Peace instead of initiating enforcement proceedings. This lawsuit must be filed within one month of the promised eviction date , or the tenant must be notified in writing within this period that a lawsuit will be filed.

Pay attention to the Statute of Limitations!

In proceedings based on eviction undertakings, the time limits are very strict. If the one-month forfeiture period , the landlord's right to request eviction based on that undertaking lapses.

Furthermore, in disputes related to rental law (direct lawsuits other than enforcement proceedings), it is mandatory to complete the mandatory mediation process before filing a lawsuit

Eviction due to the needs of the landlord or their relatives (Necessity Lawsuit)

In rental law, one of the most common legal avenues pursued by landlords is when they or their legally designated relatives need the property as a residence or business premises. This type of lawsuit, regulated in Article 350 of the Turkish Code of Obligations (TBK) , is known in practice as eviction lawsuits or lawsuits based on necessity

1. What is an Eviction Case Due to Necessity?

This is a type of lawsuit that a landlord can file if they are obligated to use the rented property as a residence or workplace for themselves, their spouse, descendants (children, grandchildren), ascendants (parents), or other persons they are legally obligated to support .

This type of lawsuit can, as a rule, be filed when the lease agreement expires or, in the case of indefinite-term agreements, in accordance with the termination periods.

2. Whose Needs May Lead to an Evacuation Request?

The legislator has granted the right to eviction based on necessity to a limited group of people. This right cannot be exercised for every relative. The legally recognized individuals are as follows:

• The landlord himself,

• His wife,

• Descendants (children and grandchildren),

• Ancestors (mother and father),

• Other persons whom he/she is legally obligated to care for (for example, siblings or relatives for whom he/she is the guardian/custodian).

3. Conditions Required for the Validity of the Need (Supreme Court Case Law)

According to the established jurisprudence of the courts and the Court of Cassation, in order to win an eviction case, the stated need must possess the following characteristics:

A. The Need Must Be Real and Genuine

The alleged need must be real and genuine, not temporary or hypothetical. Lawsuits filed solely on abstract grounds such as "increasing rent," "renting the apartment to someone else at a higher price," or "having a dispute with a tenant" will be rejected by the court.

B. The Need Must Exist and Be Necessary

The need must actually exist at the time the lawsuit is filed, or it must be clear that it will definitely arise in the near future. Needs that are not yet concrete and are based on long-term plans are not considered a valid justification.

4. Time Limits for Filing Lawsuits (Critical Thresholds)

In eviction cases due to necessity, time limits are prescriptive and applications not made on time result in the loss of the right

   Eviction Procedures Due to Necessity: [1] In Fixed-Term Contracts └── The lawsuit must be filed within 1 month from the end of the contract term. [2] Indefinite-Term Contracts └── It can be filed at any time by complying with the termination periods and notice periods. [3] New Ownership Status (In case of purchase) └── Notice within 1 month from the transfer of title + 6 months later or at the end of the contract.

• For fixed-term contracts: A lawsuit must be filed within one month of the contract's expiration date . Furthermore, sending written notice to the tenant before the contract expires (usually one month in advance) is crucial for ease of proof.

• In the case of indefinite-term contracts: A lawsuit may be filed within the statute of limitations following the termination notice, provided that the termination periods and notice periods stipulated by law are observed.

5. Prohibition of Re-renting (Significant Sanction)

The law imposes very strict restrictions on landlords in order to prevent tenants from being harmed:

Turkish Code of Obligations Article 355 – Prohibition of Re-renting: A property vacated due to necessity cannot be rented to anyone other than the former tenant for a period of 3 years without a justifiable reason

If the landlord subletes the property to another person within three years without a valid reason, they are obligated to pay the former tenant compensation amounting to no less than one year's rent paid in the final year.

Mandatory Mediation and Professional Support

In eviction cases arising from rental law (direct court applications other than enforcement proceedings), the Mediation Office before filing a lawsuit. If the parties fail to reach an agreement during mediation negotiations, a lawsuit can be filed in the Civil Court of Peace with the final report prepared.

How to Evict a Tenant Who Doesn't Pay Rent? Eviction Based on Two Valid Warning Notices

In rental law, one of the most common grievances for landlords is tenants failing to pay rent on time or delaying payments. The Turkish Code of Obligations (TBK) provides various legal avenues for landlords who do not pay rent regularly to remedy this situation. One of these avenues eviction proceedings based on two justified warnings .

1. What legal remedies are available for a tenant who doesn't pay rent?

When a tenant fails to pay rent, the landlord essentially has two different legal options:

1. Eviction Proceedings (Example No: 13): This is an enforcement proceeding initiated by giving the tenant a 30-day payment period. If the debt is not paid within this period, eviction can be requested directly from the enforcement court.

2. Eviction Case Based on Two Justifiable Warnings: If a tenant receives two justifiable written warnings within a rental year for failing to pay rent on time , an eviction case can be filed after the end of that rental year.

2. What is Eviction Based on Two Justifiable Warnings and What are the Conditions?

This type of eviction, regulated in Article 352/2 of the Turkish Code of Obligations, grants the landlord the right to eviction when the tenant habitually delays paying their rent. For a valid eviction notice to be filed, the following conditions must be met simultaneously:

A. The lease agreement must be for a maximum of one year

For this type of lawsuit to be applicable, the lease agreement for a period of one year or longer . This provision does not apply to agreements shorter than one year.

B. Two justified warnings must be issued within one rental year

It is mandatory for the landlord to send the tenant two separate written warnings for non-payment of rent within the same rental year (for example, the period from January 1st to December 31st) .

• Form of Notice: The notice must in writing . For ease of proof and legal validity, sending it through a notary public (notarized notice) is the most secure method. However, registered mail or written documents may also be accepted if they meet the requirements.

• Subject of the Notice: The notice must clearly state the unpaid rent and demand payment.

C. Warnings Must Be Justified

Both notices sent must be "justified." That is, the rent demanded in the notice must be genuinely overdue and unpaid. If the tenant has already paid the rent on time or before the notice was issued, the notice is considered "unjustified," and the condition for two justified notices is not met.

D. Warnings Must Pertain to Different Months

Two valid notices of default for the same month's rent, or multiple notices for a single month, are not valid. Notices must be issued separately for unpaid rent for different months

3. How Does the Legal Process Work After Two Valid Warnings?

   Two Justifiable Notice Process Flow: [1] 1. Notice (Sent by a notary for the unpaid month) [2] 2. Notice (Sent for a different month within the same rental year) [3] Time to File a Lawsuit: A lawsuit is filed in the Civil Court of Peace within 1 month from the end of the rental year in which the two justifiable notices are completed.

A. Time Limit for Filing a Lawsuit (Statutory Limit)

Once two valid warning notices have been issued, it is crucial that the landlord acts within the stipulated time frame.

• The lawsuit must be filed within one month of the end of the rental year in which the two justified warnings were issued .

• For example, if notices of default and non-payment occurred during the rental period from January 1st to December 31st, the lawsuit must be filed no later than January of the following year. This deadline is a forfeiture period, and if missed, the right to sue for that year is forfeited.

B. Competent and Authorized Court

In eviction cases filed due to two justified warnings, the competent court is the Civil Court of Peace, and the authorized court is the court of the place where the property is located.

Mandatory Mediation Requirement

In rent arrears and eviction disputes (in direct court proceedings other than enforcement actions), a Mediation Office before filing a lawsuit. If an agreement cannot be reached during mediation talks, a lawsuit can be filed in the Civil Court of Peace with the final report prepared.

What are the rights of the new owner (the person who bought the house later) to evict the tenant?

One of the most important legal issues faced by individuals investing in real estate or purchasing a home is the presence of a tenant in the property. The new owner becomes a party to the lease agreement between the previous owner and the tenant. However, the law grants the new owner the right to evict the tenant under certain conditions in order to protect their own property rights.

1. What is the basis for the new owner's eviction rights?

According to Article 351 of the Turkish Code of Obligations (TBK), the new owner who subsequently purchases the leased property may request the eviction of the tenant based on two fundamental legal grounds:

1. The New Owner's or Relatives' Need for a Residence/Business Premises (Eviction Due to Necessity)

2. Eviction based on the term of the lease agreement (by way of notice)

Strict compliance with the notification periods and formal requirements stipulated by law is essential for the exercise of these rights.

2. A. Eviction Due to the New Owner's Needs (Needs of the Owner or Relatives)

The person who buys the house may request eviction if they need to use the property as a residence or workplace for themselves, their spouse, descendants (children, grandchildren), ancestors (parents), or other persons they are legally obligated to support.

Eviction Procedures Due to New Owner's Needs:

• One-Month Notice Period (Critical Threshold): The new owner must notify the tenant in writing (preferably through a notary) of the purchase of the property within one month . This notice must clearly state that "the property has been acquired and eviction is requested due to necessity."

• Options for When to File a Lawsuit:

  1. Six months after the purchase date: Following the service of the eviction notice, a direct eviction lawsuit can be filed six months after the date of the title transfer

  2. Lease termination date: The new owner may choose to file an eviction lawsuit within one month of the lease termination date , provided they give notice within the one-month legal period

Important Exception: If the lease agreement with the previous landlord has less than 6 months remaining, the new owner can send a notice within 1 month of the purchase date and file a lawsuit within 1 month of the expiration of the contract. However, for those who do not want to wait the 6-month period, correctly calculating the deadlines is crucial.

3. B. Eviction Based on the Term of the Lease Agreement (Without Necessary Expectation)

The new owner can evict the tenant without claiming any necessity (requirement), simply because they purchased the property later. A legally mandated period must then elapse

• Terms and Timeframe: After notifying the tenant of the transfer of title, the new owner may, if they wish, file a lawsuit to evict the tenant within one month of the expiration of the previous lease agreement

• Alternatively, the landlord can give the tenant written notice within the one-month legal notice period described above and then six months after the lease agreement expires . This method allows for eviction based on the lease term without requiring any family needs.

4. Prohibition of Re-renting (Significant Sanction)

The new owner cannot rent out a residential or commercial property that they vacated due to necessity for a period of 3 years .

If the property is leased to another party in violation of this provision of the law, the new owner shall be obliged to pay compensation to the former tenant amounting to no less than one year's rent paid in the previous year.

Mandatory Mediation and Professional Support

In eviction cases arising from rental law and new owner rights (in direct court proceedings other than enforcement actions), the Mediation Office before filing a lawsuit. If the parties fail to reach an agreement during mediation, a lawsuit can be filed in the Civil Court of Peace with the final report prepared.

Is the expiration of the lease agreement sufficient grounds for eviction? (10-year extension period)

One of the most common mistakes in rental law is the widespread belief that a landlord can evict a tenant directly upon the expiration of the lease term (for example, a one-year contract). According to the provisions of the Turkish Code of Obligations (TBK), the mere expiration of the contract term is not sufficient grounds for eviction.

1. Does the lease end when the contract period expires?

According to the Turkish Code of Obligations, when a fixed-term lease agreement expires, unless the parties terminate it without notice, the agreement is automatically extended for another year under the same conditions.

• A landlord cannot send a notice to a tenant demanding they vacate the property simply on the grounds that "the lease has expired.".

• The legislator, in order to protect the tenant's right to housing, does not allow the unilateral termination of contracts upon expiration of the term.

2. What is the 10-Year Extension Period (Right to Eviction Without Justification)?

The law provides for a specific time limit to prevent a landlord from evicting a tenant without justifiable cause, solely based on the expiration of the lease term. This rule is known as the 10-year extension period

Article 347/1 of the Turkish Code of Obligations – 10-Year Extension Rule: In residential and commercial property leases, unless the tenant gives notice at least 15 days before the expiration of fixed-term contracts, the contract is deemed to be extended for one year under the same conditions. The landlord cannot terminate the contract based on the expiration of the contract term. However, in one-year lease agreements, after the original one-year term + the 10-year extension period (a total of 11 years), the landlord may terminate the contract without giving any reason.

How is the duration calculated?

For example, let's consider a one-year lease agreement starting on January 1, 2015:

1. Original contract duration: 1 year (2015 – 2016)

2. Statutory 10-year extension period: 10 years from 2016 (2016 – 2026)

3. Total duration: 2015 + 1 year original + 10-year extension = Total 11 years (The contract will complete its 10-year extension period by the end of 2026).

3. How does the eviction process work after the 10-year period expires?

After the 10-year extension period expires, there are strict formalities and notification requirements that a landlord must meet in order to request eviction:

   Notification and Litigation Process After 10-Year Extension: [1] Notification Period: A written notice is sent at least 3 months before the end of the new extension year. [2] Filing a Lawsuit: Following the timely notice, an eviction lawsuit is filed by applying to the court.

A. Written Notification (Warning Letter) Requirement

The landlord at least 3 months before . If the warning is not sent on time, the exercise of the right is postponed to the next extension year.

B. Eviction Through Legal Action

If the tenant does not vacate the property despite receiving timely notice, the landlord an eviction lawsuit in the Civil Court of Peace, based on a 10-year extension period, to request the tenant's eviction.

Mandatory Mediation and Professional Support

In eviction disputes arising from rental law and the expiration of the 10-year extension period, the Mediation Office before filing a lawsuit. If an agreement cannot be reached during the mediation process, the final report can be submitted to the court.

Eviction in case of major alterations, repairs or reconstruction of the leased property

In rental law, it is common for landlords to wish to rebuild, undertake major repairs, or make substantial renovations to their properties. The Turkish Code of Obligations (TBK) grants the property owner the right to request eviction for such necessary and extensive works. However, for this process to be carried out legally, certain conditions and strict procedures must be met.

1. What is Eviction Due to Reconstruction and Rebuilding?

Eviction due to reconstruction and renovation, as regulated in Article 350/2 of the Turkish Code of Obligations, is a type of eviction lawsuit applied when a rented residence or workplace requires substantial repair, expansion, alteration, or complete reconstruction, and when it becomes practically impossible to reside or operate in the property during these works.

This lawsuit can be filed at the expiration of the term in fixed-term contracts; and in indefinite-term contracts, in compliance with general termination periods and notice periods.

2. What are the conditions for a substantial renovation or reconstruction lawsuit?

According to the established precedents of the courts and the Court of Cassation, the following critical criteria must be met in order for an eviction order to be issued based on this reason:

A. It Must Be Based on Renovation or Construction (Comprehensive)

Not every painting, plastering, or minor interior decoration renovation can serve as grounds for this lawsuit. The work large and extensive .

B. Residence or Use of the Property Must Be Practically Impossible During the Work Period

The lawsuit cannot be filed if it becomes technically impossible for the tenant to continue residing or operating their business in the property while planned major repairs or construction work is underway. The lawsuit must be based on the principle that renovations can be carried out while the tenant is present.

C. Project and Permit Requirements (Realism of the Work)

Especially in large-scale renovation and reconstruction projects, having approved projects, architectural plans, and construction permits obtained from the municipality is crucial for the court to accept the case. Abstract renovation claims without a project will not be accepted by the court.

3. What are the deadlines for filing a lawsuit and how does the process work?

In eviction cases arising from reconstruction or redevelopment, the time limits are of a forfeiture nature

• For Fixed-Term Contracts: A lawsuit must be filed within one month of the lease agreement's expiration . Lawsuits not filed within this period result in the forfeiture of rights for that period.

• In the case of indefinite-term contracts: A lawsuit can be filed within the legal time limit following the termination notice, provided that the termination periods and notice periods stipulated by law are observed.

4. Priority Leasing Right of the Former Tenant (Critical Sanction)

The law has granted a crucial right to prevent hardship for tenants evicted due to reconstruction or major repairs:

Turkish Code of Obligations Article 355/2 – Re-leasing and Priority Right: Unless the vacated property is re-built or renovated and then leased to its former tenant with priority , it cannot be leased to another party for at least three years without a justifiable reason .

• The landlord is obligated to offer the property to the former tenant as a priority under the same conditions after construction or renovation is completed. For this right to be granted, the tenant must express their intention in writing.

• If the landlord rents the property to someone else within three years without offering it to the former tenant, the landlord is liable to pay the former tenant compensation amounting to no less than one year's rent paid in the final year.

Eviction Process in Case of Tenant's Bankruptcy or Insolvency Proclamation

In rental law practice, one of the riskiest situations landlords may face is a tenant's financial difficulties, including filing for bankruptcy or entering into a debt restructuring agreement. A tenant's inability to pay rent jeopardizes the collection of outstanding rent and also gives the landlord the option of terminating the contract and evicting the tenant. This process is subject to specific regulations under the Turkish Code of Obligations (TBK) and the Enforcement and Bankruptcy Law (İİK).

1. Lease Agreement and Eviction Process in Case of Tenant Bankruptcy

A tenant's bankruptcy directly affects the future of the rental relationship. The process for both the bankruptcy estate and the landlord is as follows:

A. Bankruptcy in Residential and Commercial Leases (Turkish Code of Obligations, Article 332)

In the event of a tenant's bankruptcy, security (collateral) may be requested from the bankruptcy estate for future (not yet due) rent receivables

• Security Period: The landlord may request security for future rental periods from the bankruptcy estate in writing, specifying a reasonable period (usually 30 days).

• Termination of Contract and Eviction: If security is not provided within the given period, the landlord may terminate the contract immediately. Upon termination of the contract, eviction of the property may be requested, and any resulting damages may be claimed from the estate.

2. Eviction Process in Case the Tenant Declares Bankruptcy

A concordat , a legal process by which debtors who are unable to pay their debts restructure them through a court order, is a frequently sought-after legal avenue by tenants. A tenant's declaration of concordat directly affects the landlord's debt collection and eviction proceedings.

   Points to Consider During the Concordat Process: [1] Moratorium Decision: The court issues temporary and final moratorium decisions. [2] Suspension of Enforcement Proceedings: During the moratorium period, no new enforcement proceedings can be initiated except for secured receivables, and existing proceedings are suspended. [3] Current Rent Receivables: Current rent debts arising during the moratorium period can be evaluated according to their nature as "ordinary receivables" or "debts outside the concordat project"; however, the concordat moratorium does not automatically prevent the termination of lease agreements.

A. The Effect of the Moratorium Period for Bankruptcy Proceedings on Rent Debts

• Past Debts: Rent receivables accumulated (due) before the tenant declares bankruptcy are included in the lists approved by the bankruptcy commissioner. The landlord cannot initiate enforcement proceedings (seizure) for these old debts during the moratorium period, and existing proceedings are suspended.

• New (Current) Rent Debts: Current rent debts arising after the moratorium decision in a concordat proceedings must be paid on time. The tenant is obligated to pay current rent even while in the concordat process. In case of non-payment of current rent, the landlord reserves the right to initiate legal proceedings for eviction (e.g., termination due to default).

B. Is Eviction Possible During a Bankruptcy Proceeding?

A tenant's filing for bankruptcy protection does not directly prevent the landlord from initiating eviction proceedings for justifiable reasons (such as non-payment of rent or breaches of contract) or applying default provisions if the conditions are met. However, temporary protections and suspension of enforcement provisions granted by moratorium decisions should be taken into account during court proceedings.

The tenant must own a habitable residence within the same district or municipality

In rental law, one specific reason a landlord can request eviction is if the tenant or their spouse owns another habitable residence within the same municipality. This ground for eviction, regulated in Article 352/3 of the Turkish Code of Obligations (TBK), is a relatively little-known legal avenue in practice, but under the right conditions, it grants the landlord a significant right.

1. What is eviction due to a tenant owning a residence?

According to the Turkish Code of Obligations, if the tenant or their spouse residing with them owns another habitable dwelling within the same district or municipality, and the landlord was unaware of this at the time the lease agreement was made, the landlord may request eviction after the lease term has expired.

This is a groundbreaking lawsuit that allows for the termination of a lease agreement by court order.

2. Conditions Required for This Eviction Reason to Be Valid

In order for an eviction case to be filed on this legal ground and for a favorable outcome to be obtained from the court, the following conditions must be met cumulatively (together):

A. The tenant or their spouse must own another residence

• The property must be a habitable dwelling owned by the tenant or their spouse with whom they live. Properties registered in the names of children or other relatives are generally not considered within this scope.

• The property must be "habitable" (suitable for residential use, in a livable condition, and vacant or available for rent). Properties under renovation or in a dilapidated state unfit for habitation are not included in this scope.

B. The Residence Must Be Within the Same Municipal Boundaries

The tenant's other residence within the same district or municipality . This provision does not apply to residences located in a different province or within different municipal boundaries.

C. The Landlord Must Not Be Aware of This Situation When the Contract is Signed (Critical Condition)

For a landlord to exercise their right to evict, they must have been unaware that the tenant owned the property at the time the lease agreement was established . If the landlord knew the tenant owned a house within the same municipality when signing the agreement, they cannot subsequently file an eviction lawsuit based on this fact. The burden of proof of ignorance rests with the landlord.

3. What is the Time Limit for Filing a Lawsuit and How Does the Process Work?

In eviction cases based on this reason, time limits are strictly regulated:

• Time to File a Lawsuit: A lawsuit must be filed in court within one month of the contract's expiration date .

• If the deadline is missed, the landlord loses this right for that rental period and must wait until the next rental period (or other grounds for eviction will be considered if applicable).

Unlawful Evictions and Landlord's Liability for Damages (Malicious Intent)

While eviction rights granted to landlords in rental law aim to protect property owners' rights, these rights are sometimes abused in practice. In particular, some landlords who evict tenants citing legitimate reasons such as "necessity" or "reconstruction/renovation" are often found to be acting in violation of legal prohibitions by renting the property out to others or leaving it vacant.

1. What is Irregular Eviction?

Unlawful eviction occurs when a landlord evicts a tenant from a property citing a valid reason stipulated by law (e.g., their own or their relatives' housing needs, major renovations/reconstruction, etc.), but subsequently takes actions that prove this was not the true purpose .

For example, a landlord who evicts a tenant citing necessity, saying "my son will live there," but then shortly afterward rents the apartment to someone else for a much higher price, is a clear example of an illegal eviction.

2. What is the Prohibition of Re-renting? (Turkish Code of Obligations, Article 355)

The legislator has imposed a very strict prohibition on property owners to prevent malicious evictions. This prohibition is explicitly regulated in Article 355 of the Turkish Code of Obligations:

Re-renting Prohibition Rule: Properties vacated due to necessity or reconstruction/renovation cannot be re-rented to anyone other than the former tenant for three years without a valid reason.

Are there any exceptions?

For a landlord to be able to rent out a property they have vacated within three years, a justifiable reason . For example, unforeseen and sudden health problems of the landlord or their family, mandatory reassignment, or force majeure events are objective and justifiable reasons that may be considered by the courts. However, rentals made without a concrete and justifiable excuse are considered directly illegal.

3. Landlord's Liability for Damages (Malicious Intent)

If a landlord violates a re-renting prohibition, they are liable for legal damages to their former tenant. The law sets a very clear minimum limit for landlords in this situation:

• Minimum Compensation: The landlord is obligated to pay compensation to a former tenant who was evicted illegally, amounting to no less than one year's rent paid in the previous year

• Other Material and Moral Damages: If the conditions are met, the tenant may claim reimbursement for transportation costs incurred when vacating the property, commission paid for a new property, differences in maintenance fees, or similar damages. Furthermore, the difference in rent between the two properties can also be the subject of a lawsuit.

4. Litigation Process and Statute of Limitations

Former tenants who wish to claim compensation for unlawful eviction must pay attention to legal deadlines:

   Irregular Eviction Compensation Process: [1] Determination and Evidence Gathering: Determination that the property has been rented to someone else or that an advertisement has been placed [2] Mandatory Mediation: Making a mandatory mediation application before filing a lawsuit [3] Compensation Lawsuit: Filing a compensation lawsuit in the Civil Court of Peace

• Statute of Limitations: For such compensation claims, the general statutory limitations and forfeiture periods stipulated in the law are taken into account. To avoid loss of rights, it is important not to delay the legal process from the moment the irregularity is discovered.

• Competent and Authorized Court: The competent court for compensation cases is the Civil Court of Peace.