Eviction of Tenants

The legal relationship established between the landlord and the tenant is governed by the lease agreement. Under this relationship, the tenant is obligated to pay a specified amount to the landlord in exchange for the right to use movable or immovable property.

Conversely, the landlord is required to grant the tenant the right to use the movable or immovable property owned by the landlord. The lease agreement imposes certain rights and obligations on both parties: the tenant gains the right to use the property upon payment of rent, while the landlord is entitled to receive this payment.

Procedures applied to residential properties or commercial premises with roofs are generally similar. During the eviction process, the law provides stronger protections for tenants, while also recognizing specific rights for landlords.

For a landlord to evict a tenant, there must be valid and lawful grounds. Examples of justifiable reasons a landlord may invoke include:

• Non-payment of rent by the tenant (default),
• Issuance of two written warnings within the same rental period,
• Obtaining a written eviction commitment from the tenant,
• The landlord or their close relatives’ need to occupy the property,
• Breach of lease terms,
• Completion of a ten-year lease term,
• Necessity of substantial repairs or demolition,
• The tenant owning another residential property,
• Disturbance of neighbors by the tenant.

Methods of Evicting a Tenant

Eviction is only possible when the statutory conditions are met. Article 354 of the Turkish Code of Obligations explicitly states that provisions concerning termination of lease agreements cannot be altered to the detriment of the tenant.

Whether the lease is for a fixed or indefinite term, expiration alone does not justify eviction. Eviction is only permissible if the valid reasons set forth by law occur.

A landlord cannot evict a tenant without just cause. If valid grounds exist, the contract may be terminated and the tenant removed from the premises. Without the tenant’s voluntary departure or a valid legal basis, eviction is not possible.

Eviction Due to Non-Payment of Rent

For leases shorter than one year, failure to pay rent accompanied by two written warnings to the tenant constitutes grounds for eviction. For leases of one year or longer, if the tenant fails to pay rent twice within a rental year or longer and receives written warnings accordingly, the landlord may file a lawsuit to evict.

It is required that the tenant fails to pay rent twice within one year, and that the landlord notifies the tenant in writing. Two justified warnings are a prerequisite to file an eviction suit. When the tenant defaults on rent, a formal notice of default is issued.

This notice informs the tenant that the rent must be paid within 30 days, and if not paid, the lease will be terminated. If the tenant pays within this period, eviction cannot proceed. If payment is not made, enforcement proceedings must be initiated.

Eviction-related enforcement proceedings enable both the removal of the tenant and recovery of unpaid rent. When only the rent is claimed, a non-judicial enforcement procedure may be pursued.

Eviction by Written Commitment (Tahliye Taahhütnamesi)

A written eviction commitment is a formal document in which the tenant agrees to vacate the premises by a specified date. When properly prepared in accordance with legal requirements, this document serves as a basis for eviction. The commitment must clearly state the date of evacuation and be duly signed by the tenant.

If the tenant fails to vacate within the agreed period, an eviction lawsuit may be filed within one month following the deadline. Alternatively, eviction can also be requested through enforcement proceedings.

Eviction Due to Landlord’s Need

If the landlord or close relatives require the property for their own use, the tenant may be asked to vacate. Close relatives include the landlord’s ascendants, descendants, spouse, and persons under their care. The request is valid if the need is genuine.

For indefinite term leases, termination may occur every six months. If the tenant is notified at least three months in advance, the lease may end after six months. Should the tenant refuse to vacate despite notification, eviction proceedings can be initiated.

Eviction lawsuits must be filed within one month after the termination period expires. In eviction cases based on landlord’s need, the property cannot be rented to anyone else for three years.

Eviction Due to Renovation

Under the Code of Obligations, the landlord may request eviction if significant renovations are required that render the property uninhabitable during the works.

Minor or simple repairs do not justify eviction. Eviction is possible only if the renovation is compulsory, substantial, and makes the property unusable.

Can a Tenant Who Pays Rent Regularly Be Evicted?

Evicting a tenant who pays rent and ancillary charges regularly and on time is generally difficult. Timely and complete payment of rent reduces the likelihood of eviction. However, in certain circumstances, even tenants who pay punctually can be evicted.

If the landlord or their close relatives need the property for residence or business purposes, eviction is possible. Likewise, if the property requires extensive renovation or reconstruction that prevents its use, eviction can occur.

Additionally, if a written eviction commitment has been obtained or a 10-year lease term has expired, eviction may proceed.

Eviction on the grounds of landlord’s need requires filing a lawsuit at the Civil Court of Peace, where the landlord must prove the need.

Is Eviction Possible for Tenants Disturbing Neighbors?

Eviction of tenants who disturb neighbors is legally permissible. Tenants must comply with neighborhood rules and respect neighbors. Breach of these obligations may lead to eviction lawsuits.

Article 316 of the Turkish Code of Obligations obligates tenants to use the leased property carefully and respect neighbors. This applies to all lease agreements. The Court of Cassation has cited examples such as:

• Tenant repeatedly arriving home intoxicated,
• Causing persistent disturbances at the premises,
• Failing to observe good neighborly conduct,
• Using the property as a brothel,
• Insulting the landlord,
• Threatening the landlord with death,
• Creating ongoing noise nuisance.

In such cases, the landlord issues a written warning, granting the tenant a 30-day period to rectify the behavior. If violations persist, the landlord formally notifies the tenant of contract termination.

Eviction After 10 Years

Once a lease has lasted 10 years, the landlord acquires the right to demand eviction. Written notice must be given to the tenant at least three months before the end of each lease year, requesting vacation of the premises. The tenant is expected to vacate upon receipt.

If the tenant fails to vacate, the landlord may file an eviction lawsuit or initiate enforcement proceedings.

Eviction of Tenants Who Fail to Pay Rent

Tenants who do not pay rent can be evicted through various means such as sending two written warnings, pursuing default procedures, or initiating enforcement actions. The landlord has the right to file an eviction lawsuit after issuing two justified written warnings.

An initial formal notice is sent demanding payment within 30 days. It also states that failure to pay will result in lease termination.

If the tenant pays within the timeframe, eviction cannot be pursued. Otherwise, enforcement proceedings to recover unpaid rent and evict the tenant may be initiated.

Eviction Lawsuit

An eviction lawsuit is a legal remedy used when the tenant refuses to vacate or fails to pay rent. The landlord must rely on legally justified grounds to file such a lawsuit.

While the legal system tends to protect tenants’ rights, landlords’ rights are also safeguarded through various legal mechanisms. Such lawsuits are typically filed at the Civil Court of Peace with jurisdiction over the property location.

Due to the complexity of tenancy law and the sensitivity of legal processes, it is advisable to handle such matters through an experienced law firm. This ensures protection of rights and facilitates the best possible outcomes. For questions or detailed information, please contact us.