How Can I Evict My Tenant? Eviction Procedures, Time Limits, Evidence, and Supreme Court Practice in Türkiye

In residential and commercial property leases, "eviction" an arbitrary act . The Turkish Code of Obligations (TBK) a limited number of grounds for eviction in order to protect the tenant's housing/workplace security. In practice, the biggest reason for loss of rights is choosing the wrong course of action, missing deadlines , or failing to properly construct evidence .

Every case is different; seeking professional advice before taking action can prevent loss of rights.

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1) Important Warning: Do Not "Self-Evacuate"

• Cutting off electricity/water/gas, changing door locks, removing belongings, or attempting to evict a tenant through coercion/threats unlawful consequences.

• The correct procedure: legal procedure + court/enforcement.

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2) The Critical Rule After 2023: Mandatory Mediation

As of September 1, 2023 , mandatory mediation has been introduced for most disputes arising from rental relationships (eviction, rent determination, etc.) . However, eviction proceedings through summary execution proceedings under the Enforcement and Bankruptcy Law are an exception to this requirement .

Practical result:

• If you are going to file a lawsuit (for reasons of need, 10 years, eviction undertaking, etc.): mediation is often mandatory first.

• eviction through summary execution without a court order : mediation may be an exception (this will be assessed on a case-by-case basis).

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3) Most Common Reasons for Evacuation: “Which Route to Take in Which Situation?”

The following headings summarize the most frequently used methods according to the Turkish Code of Obligations (TBK). (Relevant provisions of the TBK for residential and commercial property leases.)

A) Tenant Not Paying Rent: Eviction Due to Default (Late Payment)

When is it used? When the tenant doesn't pay rent on time, consistently delays payments, or doesn't pay at all.

Basic logic:

1. legally compliant notice of default is sent to the tenant.

2. If payment is not made within the legal timeframe, eviction may be requested.

Two main approaches in practice:

• Eviction through enforcement without a court order (via the Enforcement and Bankruptcy Law): This is preferred as a quick method.

• Legal action: may be preferred in some cases.

In the practice of the Supreme Court of Turkey, there are precedents where failure to pay a debt on time during enforcement proceedings constitutes default, potentially leading to eviction.

Evidence set (minimum):

• Rental agreement

• Bank statements/account activity for unpaid months

• Warning letter + notification endorsement / UETS records

• Enforcement file documents (if any)

Common mistake: If the content/notification of the warning is incorrect, the process will be prolonged or rejected.

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B) Two Justifiable Warnings (Turkish Code of Obligations 352/2): Failure to Pay Twice in the Same Rental Year

When is it used? If the tenant has received two separate written and justified warnings for non-payment of rent within the same rental year .

Critical conditions:

• Warnings in writing and justified .

• The warnings the same rental year .

• Eviction proceedings within one month (failure to file a claim will result in forfeiture of rights).

where this period is evaluated in relation to public order and of the one-month period is emphasized.

Evidence set:

• Warning notice(s) + notification document

• Bank records showing payment delays

• Contract/additional protocols proving the start of the lease period

A common mistake: Overlooking the calculation of the "date of notification" instead of the "date of issuance of the warning."

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C) Eviction Undertaking (Turkish Code of Obligations 352/1): The tenant's written statement, "I will vacate on this date."

When is it used? If the tenant has given a written commitment to vacate the rented property on a specific date .

The most important validity points are:

• The undertaking should, as a rule, after the delivery of the leased property (undertakings signed on the same day/before the lease agreement are frequently a subject of debate in practice).

• The landlord must initiate legal proceedings or enforcement actions within one month of the commitment date

Practical notes from the Supreme Court's rulings:

• Whether the commitment was made after the lease relationship began, or the question of its validity, will be evaluated on a case-by-case basis.

• In cases where dates are left blank during the establishment of a lease agreement and filled in later, the proof of the "subsequent filling - breach of agreement" defense is debatable (example from the Supreme Court of Appeals).

• "Simply having a commitment [to provide] does not automatically mean the tenant has left; in most cases, an enforcement/court process is required."

Evidence set:

• Eviction undertaking (original)

• Evidence against the risk of signature verification (notary, witnesses, correspondence)

• Facts showing that the commitment was made after the lease agreement began (delivery receipt, subscriptions, correspondence)

Common mistake: Missing the one-month application deadline.

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D) Evacuation Due to Necessity (Turkish Code of Obligations Article 350): I / A Relative Will Live In – Operate the Property

When is it used? If the landlord needs the property as a residence or workplace for themselves, their spouse, descendants, ancestors, or persons they are legally obligated to support .

The established approach of the Supreme Court (summary):

• The need genuine, sincere, and essential ; the burden of proof rests with the landlord.

• There are assessments suggesting that the need is expected to continue not only at the time the lawsuit is filed, but throughout the trial.

Time and procedure (very critical):

• In fixed-term contracts, establishing a lawsuit filing schedule appropriate to the end of the term is important; in indefinite-term contracts, it is crucial to set the timeline for filing a lawsuit, usually within one month .

• Furthermore, under Article 353 of the Turkish Code of Obligations, the time limit for filing a lawsuit may be extended if the landlord provides written notice that they intend to file a lawsuit.

Supreme Court example (time protection):

• In cases of eviction due to necessity, there is a precedent regarding the notification of the eviction request via a warning letter and the preservation of the statute of limitations for filing a lawsuit within the framework of Article 353 of the Turkish Code of Obligations.

Evidence set:

• Population registration records (kinship)

• Documents demonstrating the reason for the need (transfer/appointment, school registration, health report, insufficient workplace capacity, burden of paying rent, etc.)

• Records showing that no other suitable dwelling/workplace is available or is unsuitable

• Warning notice + notification

A common mistake: Saying "I need it" without providing evidence.

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E) New Owner's (Buyer's) Need (Turkish Code of Obligations Article 351): I bought the house, I will use it

When is it used? When the person who subsequently acquires the leased property requests eviction due to their own or their relatives' needs.

Key rules:

• The new owner must provide written notice within one month of acquisition ; after that, in most scenarios, the possibility of filing a lawsuit arises after six months

Evidence set:

• Land registry records (date of acquisition)

• Written notification and communication within 1 month

• Evidence of need

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F) Reconstruction / Rebuilding / Major Repair (Turkish Code of Obligations Article 350)

When is it used? If the leased property becomes unusable due to major repairs, expansions, reconstruction, or similar works.

This approach is particularly relevant in cases involving "building reinforcement / urban transformation / comprehensive renovation" (technical evidence is required based on the specific project).

Evidence set:

• Municipal/licensing processes, project, structural report, renovation permit

• Technical documents supporting the need for an on-site inspection/expert opinion

• Warning notice + notification

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G) Termination Without Cause After the 10-Year Extension Period (Turkish Code of Obligations 347/2)

When is it used? In residential and commercial property leases, if the total number of years extended beyond the expiry of the contract reaches 10 years , the landlord may terminate the lease "without giving a reason" under certain conditions.

The most critical condition:

• The landlord at least 3 months prior .

Supreme Court example:

• The 3rd Civil Chamber of the Supreme Court of Appeals has sample case files and assessments regarding the 10-year extension period and termination notice approach within the framework of Article 347/2 of the Turkish Code of Obligations.

Transitional provisions (previous agreements):

• With regard to contracts concluded before the entry into force of the Turkish Code of Obligations, the transitional provisions in Law No. 6101 are important in practice (the calculation of the time period is done on a case-by-case basis).

A common mistake: calculating "10 years have passed" based on the contract start date; in most cases, calculating the extension period is a more technical process.

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4) After the Eviction Case is Filed: Decision, Finality and Enforcement

• Eviction orders issued by the Civil Court are, as a rule, through execution procedures .

• Even the smallest procedural error during the court/enforcement phase (incorrect deadline, incorrect notification, wrong party) can cause the case to be prolonged.

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5) "Re-renting Ban" and Compensation Risk After Eviction (Turkish Code of Obligations Article 355)

In evictions based on necessity or renovation/repair, the landlord's ability to sublet the property to someone else after eviction is restricted under certain conditions; violation may result in compensation claims in favor of the tenant. Therefore, the approach of "I've evicted them, let me immediately rent it out at a higher price" is risky.

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6) Practical “Quick Checklist” (To Avoid Loss of Rights)

1. What reason am I relying on? (Default / commitment / need / 2 justified warnings / 10 years / new owner / zoning)

2. Is mediation mandatory? (Is it via litigation or enforcement proceedings?)

3. Is the duration calculation correct? (1 month / 3 months / 6 months / rental year, etc.)

4. Is the notification correct? (UETS number, address, notification date)

5. Are the proofs ready? (receipts, warnings, title deeds, documents proving need, project plans, etc.)

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7) Frequently Asked Questions

My tenant's lease has expired; can I evict them immediately?
In residential and commercial property leases, the expiration of the lease is often not sufficient on its own; you need to rely on one of the grounds recognized by the Turkish Code of Obligations.

If I sell the house, will the tenant automatically leave?
No. The new owner can request eviction by complying with the conditions in Article 351 of the Turkish Code of Obligations (notification and time limit).

If there is an eviction undertaking, is it considered that the tenant has voluntarily vacated the premises?
Generally, no; eviction is enforced through legal/court proceedings.

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Conclusion

Eviction of a tenant requires more than just "being in the right"; the right reason + the right procedure + the right timeframe + the right evidence . If any of these four elements are missing, the case may be prolonged or dismissed. Especially in recent years, processes have become even more "formally oriented" due to technical issues such as mandatory mediation, the protection of time limits (Article 353 of the Turkish Code of Obligations), and the 10-year extension period.