Introduction
For Turkish citizens living abroad and foreign investors, real estate investments in Turkey hold significant economic value. However, the property owner’s residence abroad can lead to geographical and legal concerns regarding the resolution of disputes with tenants. In situations such as non-payment of rent, breach of contract, or the property owner’s personal need, it is essential to have accurate information on how to execute the legal process. This article objectively addresses the rights of lessors abroad and the eviction process, together with their legal bases, within the framework of the Turkish Code of Obligations (TCO).
I. Right of Ownership and the Status of the Lessor
In the Turkish legal system, the right of ownership is under constitutional guarantee. The fact that the lessor (property owner) resides abroad does not constitute any obstacle to exercising their legal rights arising from ownership and the lease agreement. Law No. 6098, the Turkish Code of Obligations, regulates the relationship between the tenant and the lessor. Provided that the procedures and principles stipulated by the law are complied with, the property owner can resort to all legal remedies even if they are not physically present in Turkey.
II. Legal Grounds for Eviction and Legal Bases
While the Turkish Code of Obligations exhibits a social approach protecting the tenant, it grants the lessor the possibility to terminate the contract and request eviction in the presence of just causes. The principal grounds for eviction are as follows:
1. Eviction Due to Non-Payment of Rent (Default)
In the event that the tenant fails to pay the rent, which is their primary obligation, on its due date, the lessor may terminate the contract by giving a written notice granting a period of time.
- Legal Basis (TCO Art. 315): The lessor must grant the tenant a period of at least 30 days (for residential and roofed workplace leases) in writing (preferably via a notary public) for the unpaid rent. If payment is not made within this period, the lessor has the right to terminate the contract and file an eviction lawsuit.
2. Eviction Due to Two Justified Warnings
This is an eviction ground applied in cases where the tenant continuously delays rent payments and forces the lessor to resort to legal remedies more than once.
- Legal Basis (TCO Art. 352/2): If two justified written warnings have been served to the tenant within one lease year due to non-payment of rents for different months, the lessor can terminate the contract through a lawsuit within one month starting from the end of the lease year.
3. Eviction Due to Necessity of the Lessor or Their Relatives
If a need arises for the property owner themselves or for their relatives whom they are legally obliged to support (spouse, children, parents, etc.) to use the property as a residence or workplace, eviction can be requested provided that notification is made within specific periods.
- Legal Basis (TCO Art. 350/1): The necessity must be “genuine, sincere, and compulsory.” Supreme Court precedents generally accept the necessity of a property owner making a final return from abroad as sincere.
4. Written Eviction Undertaking
The tenant’s unconditional and written declaration that they will vacate the leased property on a specific date is a situation that significantly accelerates the eviction process.
- Legal Basis (TCO Art. 352/1): In the presence of a valid eviction undertaking, if the property is not vacated on the undertaken date, the lessor may request eviction through enforcement proceedings or a lawsuit within one month. It is a condition of validity that the undertaking was given on a date subsequent to the signing date of the lease agreement.
III. Management of the Legal Process from Abroad
The entire process can be conducted with professional legal representation without the need for the property owner to come to Turkey. The process management consists of the following stages:
- Legal Representation (Power of Attorney): The property owner abroad issues a special power of attorney containing authorities for the management of lease relations, lawsuits, and enforcement proceedings to their lawyer in Turkey through the Turkish Consulate or a competent notary in their country of residence.
- Mandatory Mediation: As of 01.09.2023, applying to mediation before filing a lawsuit in lease disputes has become a condition precedent to litigation. This process is conducted through the lawyer, and grounds for agreement are sought.
- Warning and Litigation Process: If no agreement is reached in mediation, the lawyer sends a warning via a notary public based on the legal ground, and following the expiration of legal periods, files an eviction lawsuit in the Civil Court of Peace or initiates proceedings at the Enforcement Office.
- Execution of Eviction: When the eviction decision given by the court becomes final, the decision is executed through the Enforcement Directorate. If necessary, the property is evicted under the supervision of law enforcement officers, and the key is delivered to the proxy lawyer.
Conclusion and Assessment
Lease law is a technical branch of law where formal requirements and statute of limitations (warning, lawsuit filing periods, etc.) are extremely decisive. For property owners residing abroad, receiving professional support from lawyers expert in the subject is of great importance in terms of effectively protecting their property rights in order not to suffer loss of rights and to prevent the process from prolonging.