Changing economic conditions and a more active real estate market have sharply increased disputes between landlords and tenants. Two of the most common are the determination of rent and the vacating of the leased property. Regulated under the Turkish Code of Obligations (TBK, Law No. 6098), the eviction lawsuit protects the rights of both parties but requires the process to be conducted properly.
Rent law is strictly bound by procedural rules, and the smallest legal error or a missed deadline can cost you your rights. It is therefore vital to analyze the legal routes, deadlines and conditions correctly before starting the eviction process. This guide covers everything from the legal nature of the eviction undertaking to the court process.
The Current Position in Rent Law
Residential and roofed commercial leases in Turkey are protected by special provisions of the TBK, which aims to protect the tenant as the weaker party of the contract. The expiry of a lease term alone does not give the landlord the right to remove the tenant. Unless terminated by the tenant, the lease renews automatically every year.
For a landlord to remove a tenant through legal channels, one of the eviction grounds listed in the law must exist. As rents have risen, rent determination and eviction claims have become among the busiest areas of the courts, so both landlords and tenants need to know their rights fully.
What Is an Eviction Lawsuit?
An eviction lawsuit is a case in which the landlord, relying on the legitimate grounds set out in the law, has the lease ended by court decision and the property returned empty. The grounds are generally divided into two groups: those arising from the landlord and those arising from the tenant. Before court proceedings begin, communication between the parties should be made through formal notice channels and the statutory periods calculated carefully.
Eviction by Way of an Eviction Undertaking
One of the most frequently used and fastest methods is the eviction undertaking, in which the tenant declares in writing that they will vacate the property on a specific date. The law requires strict formal conditions for it to be valid.
1. Conditions for a Valid Eviction Undertaking
- It must be in writing. Verbal promises to leave have no legal effect. It may be a private written document or made or certified before a notary; notarized undertakings carry much stronger evidentiary weight.
- It must be signed by the tenant or an authorized representative. Where there are several tenants, all of them are expected to sign.
- It must be given of free will, without pressure or threat.
- It must be given after the lease was concluded. This is the most critical condition. An undertaking signed on the same day as the lease, or before it, is treated as invalid. Undertakings signed under contract pressure before the tenant had even moved in are void, and the date of the undertaking should be a reasonable time after the lease start date (for example several weeks or months).
- It must contain a specific vacating date (day, month and year). Vague wording may make it invalid.
2. Signing a Blank Eviction Undertaking
In practice, tenants sometimes sign an undertaking with the date left blank when signing the lease. Under the established case law of the Court of Cassation, a tenant who signs a blank document is deemed to have accepted that it would be completed later. A tenant who claims the dates were filled in against their will must prove this with written evidence. Signing a blank document is therefore very risky for the tenant.
Enforcement and Lawsuit Based on the Undertaking
A landlord holding a valid undertaking may, within one month from the vacating date stated in it, choose one of two routes:
- Apply to the enforcement office: start an enforcement proceeding requesting eviction. An eviction order is sent to the tenant; if the tenant does not object within 7 days, the eviction becomes final and the property is vacated.
- File a lawsuit in the Civil Court of Peace (Sulh Hukuk Mahkemesi).
If the tenant objects to the proceeding (for example by claiming the signature is not theirs or the undertaking is invalid), the landlord must bring an action to remove the objection before the enforcement court, or an eviction lawsuit before the civil court of peace.
Other Grounds for Eviction
The Code of Obligations also gives the landlord the right to request eviction on other grounds, each with its own conditions and procedure.
1. Eviction for Need
If the landlord, their spouse, descendants (children, grandchildren), ascendants (parents, grandparents) or other persons they are legally obliged to support need the home or workplace, an eviction lawsuit for need can be filed. The need must be genuine, sincere and compelling. For example, cases brought for a landlord returning permanently from abroad or for a child who is about to marry are generally accepted. Claims of a sham need invented only to rent the property to someone else at a higher price are rejected by courts.
The law also prohibits a landlord who has evicted a tenant for need from renting the property to anyone other than the former tenant for three years without a justified reason. Otherwise, the landlord may be liable to pay compensation to the former tenant.
2. Eviction for Two Justified Notices
If two justified notices have been sent to a tenant for unpaid rent of different months within one lease year, the landlord may file an eviction lawsuit within one month after the end of that lease year. The notices must be in writing (sending them through a notary is generally advisable), must concern due rent debts and must relate to two different months within one lease period. Sending more than one notice for the same month does not meet the condition.
3. Unpaid Rent and Enforcement Without a Judgment (Form No. 13)
If the tenant does not pay, the landlord may start an eviction enforcement proceeding through the enforcement office before going to court. The payment order gives the tenant 30 days to pay (the same 30-day period for commercial premises). If the tenant does not pay the full debt, interest and costs within 30 days, the landlord may apply to the Enforcement Court to request the tenant’s eviction. This is one of the fastest routes.
4. Eviction for the Needs of a New Owner
A new owner who has bought a property and who, or whose spouse or close relatives listed in the law, needs it as a home or workplace may notify the tenant in writing (by notice) within one month of the purchase date and file an eviction lawsuit after six months. The new owner may alternatively rely on the end of the contract term agreed with the previous owner and file within one month of the end of that term.
5. Eviction After the Ten-Year Extension Period
Once the ten-year extension period from the start of the lease has expired, the landlord may end the lease without stating any reason. Under Article 347 TBK, the landlord may file a lawsuit to end the contract, provided notice is given at least three months before the end of each extension year following the ten-year period.
The Mediation Process in Eviction Cases
A very important change was made on 1 September 2023: applying to a mediation office became mandatory before filing a lawsuit in disputes arising from a lease (eviction, rent determination, adaptation and so on). Mediation is an alternative dispute resolution method in which the parties meet with an expert to find an amicable solution.
- It is a precondition for the lawsuit. Cases filed directly in the civil court of peace without applying to a mediator are dismissed on procedural grounds.
- Duration. As a rule, the mediation process must be concluded within three weeks from the application; in cases of necessity the mediator may extend it by at most one week.
- Outcome. If the parties reach an agreement, the agreement document has the force of a court judgment. If not, the mediator draws up the final report, and only with that report can the lawsuit be filed.
How Long Does an Eviction Case Take?
There is no single answer. The duration depends on the workload of the court, service periods, the speed at which the parties submit evidence and the type of case. Enforcement proceedings based on an undertaking can be concluded much faster when the tenant does not object, while cases filed after an objection, and cases for need that involve hearing witnesses or expert examination, generally take longer. The workload of the courts in large cities directly affects the timeline.
The Importance of Professional Legal Support
A wrong step when drawing up the lease, sending notices, conducting mediation or following the case can force the whole process to start again. For example, missing a notice deadline by even one day can lead to dismissal on procedural grounds, costing time and significant court costs. Working with a lawyer who specializes in rent disputes:
- ensures that leases and undertakings are drawn up in line with the law,
- secures the monitoring of forfeiture periods,
- protects your rights in mediation,
- helps the court process run as quickly and effectively as possible.
For legal support in lease, title deed and real estate disputes, see our real estate lawyer in Ankara page.
Frequently Asked Questions
Can an eviction undertaking be obtained while the lease is ongoing?
Yes. After the lease has been concluded and the tenant has moved in, a valid undertaking can be made by mutual consent. What matters is that the date of signing is after the date of the lease.
What happens if the tenant objects to the signature on the undertaking?
The enforcement proceeding stops. The landlord must then bring an action before the enforcement court or a general court, including a signature examination, to have the objection removed.
Can a landlord who evicted a tenant for need rent the home to someone else?
Not without a justified reason for three years. Otherwise the landlord may have to pay the former tenant compensation of not less than one year’s rent, based on the last rental year.
Is mediation mandatory before an eviction lawsuit?
Yes. Since 1 September 2023 it is a precondition for lease disputes, and cases filed without it are dismissed on procedural grounds.
Can I evict a tenant immediately after buying the property?
No. The new owner must notify the tenant in writing within one month of acquiring the property and may file an eviction lawsuit after six months, or rely on the end of the existing contract term within one month.
How is eviction started for unpaid rent?
By an eviction enforcement proceeding. If the tenant does not pay within the 30 days given in the payment order, the landlord can ask the Enforcement Court for eviction.
This article is for general information only and is not legal advice. Consult a lawyer for your specific case. Translated from the original Turkish text; statements on typical case durations were omitted.