Eviction

Eviction in Turkey is a strictly regulated legal process. A landlord cannot remove a tenant without a court order, cannot change the locks, and cannot cut utilities to force a departure. Turkish law gives tenants significant protections, and the consequences of bypassing the legal process can include criminal liability for the landlord. At the same time, the law provides landlords with well-defined grounds and procedures when those grounds genuinely exist.

This guide covers every legal basis for eviction in Turkey, the correct procedure for each, the timeline from notice to enforcement, the mandatory mediation requirement introduced in 2023, and what both landlords and tenants need to know to protect their positions.

Legal Notice: This page provides general legal information for educational purposes only. It does not constitute legal advice. For guidance specific to your situation, please consult a qualified attorney.

The Legal Framework

Eviction law in Turkey is primarily governed by Articles 347 to 356 of Law of Obligations No. 6098 (Türk Borçlar Kanunu). Additional procedural rules are contained in Code of Civil Procedure No. 6100 and Enforcement and Bankruptcy Law No. 2004.

Eviction cases are heard by the Civil Courts of Peace (Sulh Hukuk Mahkemesi). Physical eviction following a court judgment is carried out by enforcement officers (icra müdürlüğü) under the supervision of the court.

Since March 28, 2023, mandatory mediation is a precondition for filing any eviction lawsuit, under the amendment to Mediation Law No. 6325. A court will reject any eviction lawsuit filed without prior mediation documentation.

The Absolute Rule: No Self-Help Eviction

Before covering the legal grounds, this point cannot be overstated, as a landlord in Turkey has no right to physically remove a tenant, change locks, remove belongings, cut off utilities, or take any other action designed to force the tenant to leave without a court order and enforcement officers.

Self-help eviction exposes the landlord to criminal liability under the Turkish Penal Code No. 5237 for coercion and violation of domicile, and to civil liability for damages. Police will not assist a landlord in removing a tenant without an enforcement order. The only lawful path to eviction is through the court system.

Legal Grounds for Eviction

Ground 1: Non-Payment of Rent

Legal basis: Articles 315 and 352 of Law of Obligations No. 6098

This is the most common eviction ground. The procedure involves two stages:

Single non-payment: The landlord sends a written notice (ihtarname) via notary, specifying the unpaid amount and giving at least 30 days to pay for residential leases or 10 days for commercial. If the tenant pays within this period, the eviction ground is extinguished for that instance.

Two notices in one lease year: If the landlord has sent two separate justified written notices for non-payment in the same lease year, even if the tenant pays both times, the landlord acquires the right to file an eviction lawsuit within one month after the end of that lease year. The two notices must relate to different months and both must be formally served through a notary.

Key point on timing: The one-month window to file after the lease year ends is a hard deadline. Missing it means the right lapses and a new qualifying period must begin.

Ground 2: Eviction Commitment (Tahliye Taahhütnamesi)

Legal basis: Article 352 of Law of Obligations No. 6098

A tahliye taahhütnamesi is a written commitment signed by the tenant promising to vacate the property by a specific date. When valid, it is one of the most efficient tools available to a landlord.

Strict validity requirements: The commitment must be in writing and signed by the tenant personally or their legally authorized representative. It must be executed after the tenant has already taken possession of the property, not before or simultaneously with the lease agreement. It must state a specific, definite date for vacation, and the vacation date must be after the signing date.

A taahhütname signed on the same day as the lease agreement, or before the tenant moved in, is void. Courts scrutinize the timing carefully.

Procedure: If the tenant does not vacate by the committed date, the landlord may file for enforcement through the execution office (icra dairesi) within one month of the committed vacation date, or file a tahliye davası with the Civil Court of Peace within the same period.

Ground 3: Landlord’s Genuine Need for Personal Use

Legal basis: Article 350 of Law of Obligations No. 6098

If the landlord, spouse, descendants, ascendants, or legally dependent relatives genuinely need the property for residential or business use, this ground may support eviction.

What genuine need means: The need must be sincere, continuous, and provable. Courts apply this standard carefully. A landlord who evicts on personal use grounds and then re-rents the same property to a third party within three years faces liability for the evicted tenant’s losses. The three-year re-rental prohibition is strictly enforced.

Procedure for fixed-term leases: Notice must be given at least one month before the end of the lease term. The eviction lawsuit must be filed within one month after the end of the term.

Procedure for indefinite-term leases: Notice must be given at least three months before the intended vacation date. The eviction lawsuit is filed after this notice period.

New owner’s personal use: A new owner who acquires a tenanted property and genuinely needs it for personal use must notify the tenant in writing within one month of acquisition. The eviction lawsuit may be filed six months after this notification, or the new owner may alternatively wait until the lease term ends and file within one month of the term’s end.

Ground 4: Reconstruction or Major Renovation

Legal basis: Article 350 of Law of Obligations No. 6098

If the property requires essential reconstruction, demolition, or major renovation that makes continued occupancy impossible during the works, and the works are authorized by the relevant municipality, the landlord may terminate the lease.

Evidence required: Building permit and approved project documentation. Courts do not accept cosmetic renovation or improvement works as sufficient grounds. The works must genuinely prevent continued occupation.

Procedure: Same notice and lawsuit timing as the personal use ground. After works are completed, the former tenant has a priority right to re-enter the property at the current market rent.

Ground 5: Material Breach of Lease Terms

Legal basis: Article 316 of Law of Obligations No. 6098

Significant violations of the lease terms by the tenant can support eviction. Common examples include using a residential property for commercial purposes without permission, unauthorized subletting or assignment of the lease, causing deliberate or reckless damage to the property, persistent behaviour disturbing other residents or neighbours, or operating an illegal activity from the premises.

Procedure: The landlord must first send a written warning (ihtarname) specifying the breach and requiring remedy within a reasonable period. If the breach persists or cannot be remedied, an eviction lawsuit may be filed. For certain serious breaches, the right to terminate arises immediately without a cure period.

Ground 6: Expiry of the 10-Year Residential Lease Period

Legal basis: Article 347 of Law of Obligations No. 6098

After a residential lease has been in continuous existence for 10 years, the landlord acquires the right to terminate without needing to demonstrate any specific ground. This provision recognizes that indefinitely binding a landlord to one tenant is disproportionate over very long tenancies.

Procedure: The landlord must give written notice at least three months before the end of the extension period following the 10-year mark. An eviction lawsuit may then be filed within one month after the specified vacation date.

Commercial leases: A similar mechanism applies to commercial leases of 10 years or more, with the landlord able to terminate by giving written notice at least three months before the next annual renewal date.

Ground 7: Tenant Owns a Habitable Property in the Same District

Legal basis: Article 352 of Law of Obligations No. 6098

If the tenant or their spouse owns a habitable residential property in the same district or neighbourhood as the leased property, the landlord may use this as grounds for eviction, provided the tenant concealed this fact at the time of contracting.

Procedure: The eviction lawsuit must be filed within one month of the landlord becoming aware of the ownership. This ground is less commonly invoked and courts examine it carefully.

Ground 8: Tenant Bankruptcy

Legal basis: Article 331 of Law of Obligations No. 6098

If the tenant is declared bankrupt and fails to provide adequate security for future rent payments within a period set by the landlord, the landlord may terminate the lease. This ground is most relevant for commercial tenancies.

The Eviction Process: Step by Step

Step 1: Mandatory Mediation

Since March 28, 2023, mediation is compulsory before any eviction lawsuit can be filed, under Mediation Law No. 6325. The party seeking eviction must apply to an accredited mediator and participate in at least one mediation session.

If the dispute resolves at mediation, the process ends with a settlement agreement. If mediation fails, the mediator issues a certificate of non-settlement (anlaşamama tutanağı), which must be attached to any subsequent lawsuit filing.

A court will dismiss a lawsuit filed without prior mediation documentation.

Step 2: Written Notice (Ihtarname)

For most eviction grounds, formal written notice via notary is a prerequisite before filing a lawsuit. The notice must specify the ground, the required action or vacation date, and the legal consequence of non-compliance. Notary-served notices create an official record of the date of service, which is critical for calculating lawsuit filing deadlines.

Step 3: Filing the Eviction Lawsuit (Tahliye Davası)

The lawsuit is filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi) in the district where the property is located. The filing must include the mediation non-settlement certificate, all notice documentation, the lease agreement, and evidence supporting the eviction ground.

Timeline from filing: Court proceedings in eviction cases typically run from several months to over a year depending on the court’s caseload, the complexity of the case, and whether the tenant contests the claim. Cases where documentation is complete and the ground is clear tend to move faster.

Step 4: Court Judgment

If the court finds in the landlord’s favour, it issues an eviction judgment (tahliye kararı). The tenant is ordered to vacate by a specified date. If the tenant vacates voluntarily, the process ends.

Step 5: Enforcement

If the tenant does not vacate after the court judgment, the landlord applies to the enforcement office (icra müdürlüğü) under Enforcement and Bankruptcy Law No. 2004. Enforcement officers carry out the physical eviction with police assistance if necessary.

Alternative: Enforcement Without Lawsuit

For eviction based on a valid tahliye taahhütnamesi or the two-notice non-payment ground, the landlord may proceed directly through the enforcement office without filing a lawsuit first. This is faster than the full court route.

The tenant may object to the enforcement within five days of receiving the enforcement order. An objection suspends enforcement and requires the landlord to file an itirazın kaldırılması proceeding to overturn it. If no objection is filed within five days, enforcement proceeds directly.

Key Deadlines Summary

Ground	Notice required	Lawsuit filing deadline
Non-payment (two notices)	Two notary notices in same lease year	Within 1 month after lease year end
Tahliye taahhütnamesi	None (commitment is the notice)	Within 1 month of vacation date
Personal use (fixed-term)	1 month before lease end	Within 1 month after lease end
Personal use (indefinite-term)	3 months before intended vacation	After notice period
New owner personal use	Written notice within 1 month of acquisition	6 months after notification
Reconstruction	Same as personal use	Same as personal use
Material breach	Written warning with cure period	After breach persists
10-year residential tenancy	3 months before renewal	Within 1 month after vacation date

Missing a filing deadline in eviction cases typically means the right lapses entirely and must be reacquired. This is one of the most common and costly errors landlords make without legal representation.

Tenant Protections and Defences

Turkish law provides tenants with several meaningful defences in eviction proceedings:

• Payment cure: A tenant served with a non-payment notice who pays in full within the grace period extinguishes that eviction ground for that instance.
• Contesting the ground: A tenant may challenge whether the landlord’s claimed ground, such as personal use or renovation, is genuine. Courts examine evidence on both sides.
• Procedural defects: An eviction notice or lawsuit filed with procedural errors, incorrect deadlines, or without prior mediation may be dismissed. Tenants should review all documentation with legal counsel before responding.
• Taahhütname invalidity: A tenant may challenge the validity of a tahliye taahhütnamesi if it was signed on the same date as the lease or before possession was taken.
• Priority right of return: A tenant evicted on renovation or reconstruction grounds has a statutory priority right to re-enter the property at current market rent once works are completed, if they notify the landlord within one month of the work’s completion.

Frequently Asked Questions

How long does eviction take in Turkey?

From first notice to physical eviction, the full process typically takes 6 to 18 months depending on the ground, whether the tenant contests the claim, and the court’s schedule. Cases based on a valid tahliye taahhütnamesi or the two-notice non-payment ground processed through the enforcement office can be faster. Contested cases before the Civil Court of Peace take longer.

Can a landlord evict a tenant in winter?

Turkish law does not have a seasonal eviction moratorium equivalent to some other countries. Eviction can be enforced year-round once a court judgment is obtained. However, courts do have discretion over enforcement timing in exceptional circumstances.

What happens to a tenant’s belongings during enforcement?

Enforcement officers inventory and remove the tenant’s belongings to a storage facility at the tenant’s expense. The tenant must collect their belongings within a specified period. Abandoned goods are handled according to enforcement procedure rules.

Can the landlord enter the property while eviction proceedings are ongoing?

No. The tenant retains full possession rights while occupying the property. The landlord cannot enter without the tenant’s permission except in genuine emergencies affecting the building’s safety.

What if the tenant is a foreign national?

Foreign tenants have the same legal protections as Turkish citizens under Turkish tenancy law. The eviction process is identical. Language barriers do not affect legal rights, but a foreign tenant served with legal notices should seek legal counsel immediately.

Does a lease transfer to a new owner after sale?

Yes. Under Article 310 of Law of Obligations No. 6098, the lease automatically transfers to the new owner with the property. The tenant cannot be evicted simply because the property was sold.

Working With Aslan Attorney

Aslan Attorney represents landlords and tenants in all eviction matters. For landlords, our work covers notice drafting and service, mandatory mediation representation, tahliye davası filing and court representation, and enforcement proceedings. For tenants, we review eviction notices for validity, represent in mediation and court, and advise on available defences.

Getting the procedure right from the first notice is critical. Errors in timing, form, or process regularly cause landlords to lose cases they should win, or delay enforcement by months. We manage the process from start to finish.

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