Tenant Eviction Lawsuits in Turkey Grounds and Process

Tenant Eviction Lawsuits in Turkey: Statutory Grounds, Timelines, and Legal Process

Under Turkish tenancy law, terminating a residential or roofed workplace lease is strictly regulated to protect tenant tenure while balancing the legitimate property rights of lessors. Under the Turkish Code of Obligations (Türk Borçlar Kanunu - Law No. 6098, hereafter “TBK”), a landlord cannot simply terminate a lease agreement merely because the term stated in the contract has expired. Instead, tenancy agreements automatically renew annually unless the tenant gives notice of non-renewal, or unless the lessor establishes one of the limited, exhaustively enumerated statutory grounds in court.

Whether pursuing an eviction based on personal necessity, an eviction undertaking, default in rental payments, or substantial reconstruction, navigating kiralananın tahliyesi davaları (eviction lawsuits) requires rigorous adherence to statutory deadlines, formal notice requirements, and mandatory preliminary procedural steps such as mediation. In this comprehensive guide, we examine the legal framework, statutory prerequisites, burden of proof, and litigation stages before the sulh hukuk mahkemesi (Civil Court of Peace).

---

Statutory Grounds for Eviction Under the Turkish Code of Obligations

Turkish law divides the legal grounds for evicting a tenant into two primary categories: grounds originating from the lessor’s circumstances (TBK Art. 350-351) and grounds originating from the tenant’s conduct or commitments (TBK Art. 352). Because these grounds are numerus clausus (strictly exhaustive), a court cannot order eviction on equitable grounds outside the statute.

1. Eviction Lawsuit Based on Necessity (İhtiyaç Nedeniyle Tahliye Davası)

Under TBK Article 350/1, the lessor may terminate the lease agreement if the leased premises are genuinely, sincerely, and urgently needed as a residence or workplace for:

• The lessor themselves,
• Their spouse,
• Their descendants (children, grandchildren),
• Their ascendants (parents, grandparents), or
• Other individuals whom the lessor is legally obligated to support.

The statutory requirement of “necessity” is interpreted strictly by the Turkish Court of Cassation (Yargıtay). The need must be real, current, and sincere, rather than hypothetical, speculative, or manufactured solely to replace the tenant with someone paying higher rent.

┌────────────────────────────────────────────────────────────────────────┐
│               TBK ART. 350/1: GENUINE NEED TEST                        │
├────────────────────────────────────────────────────────────────────────┤
│ • Sincere, actual, and non-speculative personal requirement             │
│ • Limited beneficiaries: lessor, spouse, ascendants, descendants       │
│ • 1-month filing window following the expiration of the rental term    │
│ • Subsequent 3-year statutory re-leasing ban (TBK Art. 355)            │
└────────────────────────────────────────────────────────────────────────┘

A critical legal consequence governed by TBK Article 355 is the three-year re-leasing ban. If a lessor obtains an eviction order on the grounds of personal necessity, they are prohibited from leasing the property to any third party other than the evicted tenant for three years, absent a legally justifiable excuse. If the lessor breaches this statutory restriction, the former tenant may file a claim for compensation amounting to not less than one year’s rent calculated from the last rental period.

2. Eviction Based on a Written Eviction Undertaking (Tahliye Taahhütnamesiyle Tahliye)

Under TBK Article 352/1, if a tenant, after having obtained possession of the property, signs an undertaking promising in writing to vacate the leased premises on a specific calendar date, the lessor may terminate the tenancy if the tenant fails to vacate accordingly.

For an eviction undertaking to withstand judicial scrutiny in court, specific legal criteria must be met:

• Post-Delivery Execution: The undertaking must be executed strictly after the initial delivery of the property to the tenant. If executed simultaneously with or prior to the lease agreement, jurisprudence presumes that the tenant’s free will was vitiated due to unequal bargaining power, rendering the document voidable.
• Unambiguous Date: The document must clearly state a definite eviction date.
• Signatory Authority: The document must be executed by the tenant or their authorized agent. In premises designated as a family home (aile konutu), both spouses must provide consent or signature to ensure validity against potential legal challenges.

[PRO-TIP: Under TBK Article 352/1, the lessor must either initiate enforcement proceedings (icra takibi) or file an eviction lawsuit within strictly one month following the specified vacation date. Missing this 30-day window results in the forfeiture of the summary right to evict under that specific undertaking.]

3. Eviction Due to Two Justified Notices (İki Haklı İhtar Nedeniyle Tahliye)

Pursuant to TBK Article 352/2, a landlord may terminate a tenancy if the tenant has caused two justified written notices to be issued due to non-payment or late payment of rent within a single rental year (or within the contract term for leases under one year).

Procedural requirements for this remedy include:

1. Each notice must correspond to a distinct month’s rent that had already matured and fallen due prior to the issuance of the notice.
2. The notices must be communicated in writing (typically via a notary public or formal payment order via an execution office).
3. The tenant must have paid the overdue rent only after receiving the formal notice; paying before the notice arrives renders that notice legally ineffective for this ground.
4. The eviction lawsuit must be filed within one month following the end of the rental year in which the two notices were served.

4. Non-Payment of Rent and Tenant Default (TBK Art. 315 & Enforcement Proceedings)

If a tenant fails to pay rent or ancillary costs (such as dues and utilities assigned to the tenant), the landlord may utilize the default mechanism under TBK Article 315. In residential and roofed workplace tenancies, the lessor must serve a written notice giving the tenant a cure period of at least 30 days, stating explicitly that failure to pay within this period will result in termination of the lease contract.

Alternatively, lessors often initiate an enforcement proceeding without judgment for eviction (İcra ve İflas Kanunu - İİK Art. 269). Under this expedited process, the enforcement office issues an eviction-warning payment order granting the 30-day payment deadline. If the tenant fails to pay and does not lodge a valid objection, the lessor may apply to the Enforcement Court (İcra Hukuk Mahkemesi) for an order of eviction.

---

Procedural Roadmap: Step-by-Step Eviction Litigation

Eviction proceedings are governed by strict procedural rules. A single missed deadline or improper notice can lead to dismissal of the lawsuit, forcing the landlord to wait an entire additional lease term.

Procedural Eviction Workflow:
1. Notice & Maturity ──> 2. Mandatory Mediation ──> 3. Sulh Hukuk Mahkemesi ──> 4. Trial & Judgment ──> 5. Enforcement
(Notary/Execution)      (Law No. 6325 Art. 18/B)   (Within Statutory Window)     (Evidence/Hearing)     (Eviction Execution)

Stage 1: Serving Requisite Notices or Respecting Contract End Dates

Depending on the specific eviction ground, the lessor must establish formal notice:

• For ihtiyaç nedeniyle tahliye davası, notice should ideally be issued prior to the expiration of the lease period to reserve litigation rights under TBK Article 353, thereby extending the filing period.
• For tahliye taahhütnamesiyle tahliye, proceedings must commence within 30 calendar days following the target date stated on the undertaking.
• For default-based evictions, the statutory 30-day cure period must elapse without full payment.

Stage 2: Mandatory Mediation (Zorunlu Arabuluculuk)

Under Article 18/B of Law No. 6325 (Law on Mediation in Civil Disputes), tenancy disputes—including eviction claims filed before the courts—are subject to mandatory preliminary mediation as a prerequisite to filing a lawsuit (dava şartı arabuluculuk).

Before a lawsuit can be lodged with the court, the applicant must apply to the mediation bureau. If an agreement cannot be reached during mediation sessions, the mediator issues a Final Disagreement Protocol (Son Tututanak). This original document must be attached to the court petition; failure to file for mediation results in immediate procedural dismissal without examination of the case merits.

(Note: Direct eviction applications filed through execution offices under İİK 269 do not fall under this mediation requirement, as they originate as administrative execution acts.)

Stage 3: Filing Before the Sulh Hukuk Mahkemesi

The competent and authorized judicial body for eviction lawsuits is the Sulh Hukuk Mahkemesi (Civil Court of Peace) located within the territorial jurisdiction where the leased real property is situated, or where the defendant is domiciled.

In legal practice, the statement of claim must clearly detail:

• The precise statutory ground relied upon (e.g., TBK 350, 351, or 352);
• The chain of title and validity of the underlying lease agreement;
• Exact timelines, proving that statutory deadlines (such as the 1-month post-term or post-undertaking period) have been strictly honored;
• Certified copies of the notarial warnings, enforcement payment orders, and the mediation final protocol.

Stage 4: Evidentiary Hearing and Judicial Assessment

During the proceedings, the burden of proof rests on the plaintiff landlord to establish their claim. In personal necessity actions, the court will evaluate family registries, tax records, occupational status, property title records, and witness testimonies to confirm whether the necessity is authentic. If the landlord owns multiple comparable properties in the same municipal district, they must demonstrate why this specific leased unit is uniquely required.

Stage 5: Judgment and Enforcement

If the Civil Court of Peace sustains the eviction claim, an eviction judgment is rendered. While the tenant has the right to appeal the decision before the Regional Court of Appeal (Bölge Adliye Mahkemesi), an appeal does not automatically halt execution unless the tenant applies for a stay of execution (icranın geri bırakılması - tehiri icra) and deposits a security deposit (typically equivalent to three months’ rent) with the execution office.

[PRO-TIP: Even after obtaining a definitive eviction ruling, landlords must never change locks or enter the premises unilaterally. Eviction must be formally executed through the official bailiffs of the Enforcement Office (İcra Dairesi) to prevent civil trespass liability or criminal exposure under the Turkish Penal Code.]

---

Comparison of Common Eviction Grounds

Eviction Ground	Governing Provision	Key Statutory Deadline	Primary Evidentiary Focus
Personal Necessity	TBK Art. 350/1	Within 1 month after end of lease period	Genuine, current family need; property ownership records
Written Undertaking	TBK Art. 352/1	Within 1 month from undertaking vacation date	Valid post-delivery signature; clear eviction date
Two Justified Notices	TBK Art. 352/2	Within 1 month after end of relevant rental year	Registered notarial notices; proof of separate delayed payments
Tenant Default	TBK Art. 315 / İİK 269	30-day cure notice; subsequent immediate suit	Non-payment records; bank statements; default receipts
New Owner Necessity	TBK Art. 351	Written notice in 1 month; suit after 6 months	Title deed registration date; bona fide residential need

---

Legal Nuances and Common Litigation Pitfalls

In our experience managing tenancy litigation, several repetitive procedural errors cause landlords to lose otherwise meritorious claims:

1. Premature or Late Filings: Filing an eviction lawsuit before the formal lease term expires, or missing the one-month post-term statutory window without serving an advance reservation notice under TBK 353, results in absolute dismissal.
2. Backdated Eviction Undertakings: Taahhütnames executed simultaneously with the primary lease agreement, or carrying forged/blank delivery dates contested by the tenant, are frequently subjected to handwriting and forensic timeline examinations.
3. Overlooking the “Family Home” Status: If the tenant resides with their spouse and minor children, an eviction undertaking executed by only one spouse without the explicit or written consent of the non-signing spouse may be challenged if an aile konutu notification is entered.
4. Failure to Complete Mediation: Submitting a lawsuit petition without completing the formal mediation process or without providing the final mediation protocol results in dismissal on procedural grounds without reaching the legal merits of the dispute.

Because eviction rules under Turkish property law impose rigid procedural deadlines and strict evidentiary standards, managing a complex dispute requires meticulous procedural foresight. If you are handling a contested tenancy matter or need specialized strategy, Contact EG Law Firm for Professional Legal Assistance to ensure your property rights and claims are safeguarded.

---

Conclusion & Strategic Steps Forward

Achieving a lawful tenant eviction under Turkish law requires precision, patience, and absolute procedural compliance. Landlords cannot terminate tenancies on arbitrary grounds, nor can tenants permanently retain possession when statutory conditions for repossession are met.

Before embarking on litigation, property owners and tenants should:

1. Thoroughly review the primary lease contract, amendment addenda, and relevant calendar dates.
2. Gather all documentary evidence, including registered mail records, notarial notices, and certified bank transfer histories.
3. Calculate statutory deadlines accurately from the exact dates of delivery and default, rather than estimations.
4. Complete the mandatory mediation phase diligently with clear legal terms.

Legal Disclaimer: The information presented in this article is provided exclusively for general informational purposes and does not constitute formal legal advice, case assessment, or an attorney-client relationship. Because judicial decisions and procedural outcomes depend strictly on the distinct facts, contractual terms, and evidence of each individual case, individuals facing tenancy disputes should consult a qualified Turkish real estate attorney.