On what grounds and within what periods can a landlord evict a tenant? TBK Arts. 347-355, need, eviction undertaking, two justified notices and mediation.
In residential leases, the Turkish Code of Obligations (TBK) contains special rules aimed at protecting the tenant. A landlord's ability to end a lease depends on specific grounds and periods; missing these periods can lead to the right being postponed by a year. This guide summarizes the relevant articles of the TBK in language landlords and tenants can understand. In a concrete dispute, we recommend getting support from a lawyer.
Can a tenant be removed because the term has ended?
No. Under TBK Article 347, in residential and roofed workplace leases, if the tenant does not give notice at least fifteen days before the end of a fixed-term contract, the contract is deemed extended for one year on the same terms. The landlord cannot terminate the contract on the basis of the expiry of its term.
However, at the end of the ten-year extension period, the landlord may terminate the contract without giving a reason, provided that notice is given at least three months before the end of each extension year following that period. In indefinite-term contracts, the landlord may terminate the contract by notice of termination under the general provisions once ten years have passed since the start of the lease. Under TBK Article 348, notice of termination in residential leases must be made in writing.
For properties rented as a family home, under TBK Article 349 the tenant cannot terminate the contract without the express consent of their spouse. If the non-tenant spouse has become a party to the contract by notifying the landlord, the landlord is obliged to send the notice of termination and the notice granting a period for payment separately to the tenant and the spouse.
Grounds arising from the landlord
Need, rebuilding and zoning (TBK 350)
If the landlord is compelled to use the property because of a residential or workplace need for themselves, their spouse, descendants, ascendants or persons they are legally obliged to support, or if substantial repair is required for the purpose of rebuilding or zoning and use is impossible during this time, they may end the contract in fixed-term contracts through a suit filed within one month from the end of the term.
Need of the new owner (TBK 351)
A person who later buys the leased property, if there is a need for the same relatives, notifies the tenant in writing within one month from the date of acquisition and may end the contract through a suit filed six months later. If they wish, they may also exercise this right through a suit filed within one month from the end of the contract term.
Grounds arising from the tenant (TBK 352)
- Eviction undertaking: If the tenant has given a written undertaking to vacate on a certain date after the handover of the property and does not vacate, the landlord may end the contract by applying for enforcement or filing a suit within one month from that date. It is important that the undertaking was given after the handover.
- Two justified notices: In contracts of one year or longer, if two justified written notices have been given to the tenant for non-payment of rent within one rental year, the landlord may file a suit within one month from the end of the rental year in which the notices were made.
- Tenant's home in the same place: If the tenant or the spouse living with them has a home suitable for living within the municipal boundaries of the same district or town, and the landlord did not know this when the contract was made, they may file a suit within one month from the end of the contract.
Non-payment of rent: TBK 315
If the tenant does not pay due rent or ancillary expenses, the landlord may give a written period and notify that if payment is not made within this period the contract will be terminated. In residential leases this period is at least thirty days and starts running from the day following the date of the written notice.
Extending the periods: TBK 353
If the landlord has notified the tenant in writing, within the period for filing suit, that they will file a suit, the period for filing suit is deemed extended by one rental year.
After eviction for need: TBK 355
A home vacated for the purpose of need cannot be rented to anyone other than the former tenant, without a justified reason, until three years have passed. In case of violation, the landlord is liable to pay compensation of not less than one year's rent paid in the last rental year to the former tenant. Under TBK 354, the provisions on ending a lease by suit cannot be altered to the tenant's detriment.
Mediation before suit
Under Article 18/B of Law No. 6325, in disputes arising from a lease relationship, having applied to a mediator is a condition for the suit before filing it. The provisions on eviction of leased real estate through non-judgment enforcement under the Enforcement and Bankruptcy Law are outside this requirement.
Checklist for landlords
- Note the start date of the contract and the rental year; calculate the ten-year period.
- Make all notices in writing and in a provable way.
- Mark the one-month periods for suits in your calendar.
- If a suit is needed, plan the mediation application first.
Aktif Emlak can help with preparing rental contracts and tenant-landlord communication in the Edremit Gulf; legal processes require a lawyer's support.
