The Legal Process of Evicting a Tenant in Turkey | 2025
The rental relationship is an important legal contract that creates mutual rights and obligations for both the property owner (lessor) and the tenant (lessee). Although ideally this relationship continues smoothly, the eviction of the tenant from the rented property may become necessary for various reasons. However, tenant eviction is strictly regulated by law, leaving no room for arbitrariness and requiring the operation of specific legal processes.
In this article, we will examine in detail the legal grounds on which a tenant can be evicted under the Turkish legal system as of 2025, the rights of property owners and tenants during this process, the legal procedures to be followed, and the deadlines that must be observed. Our aim is to provide a clear and understandable roadmap for all parties involved.
Legal Framework for Tenant Eviction
The main regulations regarding tenant eviction are found in the Turkish Code of Obligations No. 6098 (TCO). Additionally, eviction methods, especially in cases of non-payment of rent, are regulated in the Execution and Bankruptcy Law No. 2004 (EBL). The court responsible for handling eviction lawsuits is the Civil Court of Peace (Sulh Hukuk Mahkemesi).
Legal Grounds for Tenant Eviction (TCO Provisions)
The Turkish Code of Obligations specifies a limited number (numerus clausus) of reasons for which the lessor can evict the tenant. Eviction cannot be demanded on grounds other than these. The main reasons for eviction are:
1. Eviction Due to the Need of the Lessor or the New Owner
This is one of the most common reasons for eviction in practice. The law recognizes the “genuine, sincere, and compulsory” need of certain individuals for the rented property as grounds for eviction.
Need of the Lessor Themselves (TCO art. 350/1): If the lessor is obliged to use the rented property due to the need for housing or workplace for:
Themselves,
Their spouse,
Their descendants (children, grandchildren),
Their ascendants (parents, grandparents),
Other persons whom they are legally obliged to support (e.g., siblings), they can terminate the contract by filing a lawsuit at the end of the term in fixed-term contracts, or by complying with termination notice periods in indefinite-term contracts.
Process: The lawsuit must be filed within 1 month from the end date of the lease agreement. If the lessor notified the tenant in writing at least 3 months before the contract end date that they would file a lawsuit, the lawsuit can be filed anytime until the end of the new rental period.
Important Note: The need must be “genuine, sincere, and compulsory.” The Court of Cassation strictly reviews these criteria. Fictitious needs claimed merely to evict the tenant are not accepted.
Need of the New Owner (TCO art. 351): The new owner who subsequently acquires the rented property (e.g., buys it, inherits it) can also file an eviction lawsuit due to housing or workplace needs for the persons listed above.
Process: The new owner must notify the tenant in writing (send a notice) within 1 month from the date of acquiring the property. They can file an eviction lawsuit 6 months after this notification. Alternatively, the new owner can choose to wait for the end of the contract term and file the lawsuit within 1 month from the end date.
2. Eviction Due to Reconstruction or Substantial Repair of the Leased Property (TCO art. 350/2)
If substantial repair, extension, or alteration of the leased property is necessary for reconstruction or zoning purposes, and the use of the leased property is impossible during these works, the lessor can terminate the contract through a lawsuit.
Process: The lawsuit can be filed at the end of the term in fixed-term contracts, or according to general provisions for termination periods and notice requirements in indefinite-term contracts. The deadlines are the same as for eviction due to the lessor’s need (within 1 month after the contract ends).
Important Note: The repair must be “substantial,” and the use of the property must become “impossible” during this time. Simple renovations are not covered.
3. Eviction Due to the Tenant’s Written Eviction Commitment (TCO art. 352/1)
If the tenant, after the delivery of the leased property, has undertaken in writing to the lessor to vacate the leased property on a specific date (given an eviction commitment), the lessor can terminate the contract by applying for execution or filing a lawsuit within 1 month starting from that date.
Validity Conditions:
The commitment must be in writing.
The commitment must be given after the delivery of the leased property (commitments given simultaneously with or before the lease agreement are generally considered invalid).
The eviction date must be specified in the commitment.
The commitment must be signed by the tenant or their authorized representative.
Process: Execution proceedings can be initiated, or an eviction lawsuit can be filed in the Civil Court of Peace within 1 month from the specified eviction date. This period is forfeitable.
4. Eviction Due to Default in Rent Payment
The tenant’s primary obligation is to pay the rent on time. Failure to fulfill this obligation gives the lessor the right to evict through two different methods:
Eviction Due to Two Justified Warnings (TCO art. 352/2): If the tenant has caused two justified written warnings to be issued to them for non-payment of rent within one rental year (or within the same rental year in contracts longer than one year), the lessor can terminate the contract by filing a lawsuit within 1 month starting from the end of the rental period or the rental year in which the warnings were made.
Conditions: For the warnings to be justified, they must specify the month of the unpaid rent and the period given for payment. The two warnings must relate to different months within the same rental year.
Process: An eviction lawsuit must be filed in the Civil Court of Peace within 1 month from the end of the rental year.
Eviction Due to Default (TCO art. 315 and EBL provisions): If the tenant fails to pay the due rent or ancillary costs, the lessor can give the tenant a written period (at least 30 days for residential and roofed workplace rentals) stating that the contract will be terminated if payment is not made within that period (notice). If payment is not made by the end of this period, the lessor can file an eviction lawsuit in the Civil Court of Peace or, choose a faster route by initiating “Form No: 13” non-judicial eviction proceedings through the Execution Office.
Execution Proceedings Process (Form No: 13): The lessor applies to the Execution Office to send a payment order to the tenant. If the tenant does not object to the proceedings within 7 days of receiving the payment order and does not pay the debt within 30 days, the lessor can obtain an eviction order from the Execution Court. If the tenant objects within 7 days, the proceedings stop, and the lessor must file a lawsuit in the Execution Court for the “annulment of the objection and eviction.”
5. Eviction Due to Tenant’s Breach of Contract (TCO art. 316)
The tenant is obliged to use the leased property diligently and show respect to neighbours. In case of breach of this obligation, the lessor, in residential and roofed workplace rentals, must give the tenant a written warning granting at least 30 days to remedy the breach, failing which the contract will be terminated. If the breach is not remedied, an eviction lawsuit can be filed.
Cases for Immediate Termination: If the tenant intentionally causes serious damage to the leased property, if it becomes clear that the period given to the tenant will be useless, or if the tenant’s breach of obligation becomes unbearable for the lessor or neighbours, the lessor can terminate the contract immediately with a written notice and file an eviction lawsuit.
6. Eviction at the End of the Ten-Year Extension Period (TCO art. 347)
In residential and roofed workplace rentals, unless notice is given at least 15 days before the end of a fixed-term lease agreement, the contract is deemed extended for one year under the same conditions. The lessor cannot terminate the contract based on the expiration of the contract term.
However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that notice is given at least 3 months before the end of each subsequent extension year.
Process: After the ten-year extension period expires, written notice (ihtarname) is sent to the tenant at least 3 months before the end of the next rental year, and an eviction lawsuit is filed in the Civil Court of Peace at the end of that rental year.
Tenant Eviction Process: Step-by-Step
Although the eviction process varies depending on the legal reason chosen, the general steps are:
Determination of Legal Ground: Identifying a valid reason for eviction listed above.
Written Notice/Warning: For many eviction grounds (need, reconstruction, default, breach of contract, end of 10-year period), sending a proper written notice (ihtarname) to the tenant is mandatory before filing a lawsuit or initiating execution proceedings. The notice periods and content must comply with the law. No notice is required for an eviction commitment.
Waiting for Legal Periods: Waiting for the periods given in the notice (e.g., 30 days for payment) or the periods specified by law for filing a lawsuit (e.g., 1 month for need) to expire.
Choosing the Legal Path:
Eviction Lawsuit: Filing a lawsuit in the Civil Court of Peace for reasons like need, reconstruction, two justified warnings, breach of contract, end of the 10-year period.
Execution Proceedings: Initiating non-judicial eviction proceedings through the Execution Office for non-payment of rent (default) or the existence of a valid eviction commitment.
Litigation/Execution Process: Conducting the legal process before the court or Execution Office/Execution Court, submitting evidence, attending hearings.
Obtaining and Finalizing the Decision: Obtaining an eviction order from the court or Execution Court and allowing this decision to become final after the legal appeal periods have passed.
Actual Eviction (Through Execution): If the tenant does not vacate the property despite the finalized decision, the order is enforced through the Execution Office, and the tenant is forcibly removed from the property.
Conclusion and Points to Consider
Tenant eviction is a legal process with serious consequences for both the lessor and the lessee.
For Lessors: It is crucial that the eviction request is based on a valid reason specified by law, that legal deadlines (notice, filing lawsuit, etc.) are strictly followed, and that all procedures (notice, petition) are carried out correctly to avoid loss of rights. Proving that the need is “genuine, sincere, and compulsory” is particularly important.
For Tenants: It is important to check whether the eviction request is based on a legal ground, whether the notice sent is procedurally correct, and whether the legal deadlines have been properly managed. When faced with an unjust eviction request or needing to object to execution proceedings, it is necessary to exercise legal rights in a timely manner.
Given the complexity of the process and the existence of forfeitable deadlines, it is strongly recommended that both parties seek legal assistance from a lawyer to ensure the process is managed correctly and to prevent potential loss of rights.