How to Evict a Tenant in Turkey — Eviction Undertaking and Need-Based Eviction

Removing a tenant from a property is a process that can be carried out through enforcement proceedings or a court action, based on specific grounds set out by law; choosing the correct legal ground and procedure directly affects how quickly the process proceeds.

Eviction Based on a Written Undertaking

Under Article 352/1 of Turkish Code of Obligations No. 6098, for a tenant's written undertaking to vacate the rented property on a specific date to be valid, it must have been given after the property was handed over to the tenant; undertakings given when the contract was concluded or before delivery are invalid. If the tenant fails to vacate on the promised date, the landlord may initiate enforcement proceedings or file an eviction lawsuit within one month of that date.

Eviction for the Landlord's Own Need

Under Article 350 of the Code of Obligations, the landlord may file an eviction lawsuit claiming a need for the property as housing or business premises for themselves, their spouse, their descendants, their ascendants, or other persons they are legally obliged to support. Where the property is sold, the new owner must notify the tenant of this in writing within one month of acquisition and may file suit no earlier than six months later.

Eviction Upon Expiry of the Lease Term and Notice

In fixed-term leases, if the tenant does not state at least fifteen days before the term ends that they will not continue the tenancy, the contract is extended on the same terms; at the end of a ten-year extension period, the landlord may terminate the contract by giving one month's prior notice.

Eviction for Non-Payment of Rent (Default)

If the tenant fails to pay rent, the landlord may initiate enforcement proceedings, giving the tenant a thirty-day period to pay; if payment is not made within that period, eviction proceedings or a lawsuit can be pursued. Two justified warnings issued within one rental year also constitute a separate ground for eviction.

The Court Hearing Eviction Cases

Eviction cases arising from a lease relationship are heard before the civil court of first instance (sulh hukuk mahkemesi); the competent court is that of the location of the rented property.

Practical Recommendations

Prepare the documents appropriate to the ground you are relying on for eviction (the written undertaking, evidence of need, payment records) in full; since the deadlines are preclusive, take care not to miss the applicable notice and filing periods based on the ground relied upon.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.