Last update: 25.12.2025

People fulfill their housing needs either as homeowners or as tenants. With the disturbance in economic balances, rent determination lawsuits, rent adjustment lawsuits, and evicting the tenant have recently become topics of great concern. In this article, we will discuss the eviction of a tenant, examine the legal rules for evicting a tenant, and provide answers to frequently asked questions.

The Easiest Way to Evict a Tenant

The eviction of a tenant is only possible if one of the limited grounds enumerated in the Turkish Code of Obligations exists. However, the choice of which legal ground to rely on, the procedure to be followed, and the deadlines to be observed are of vital importance for the success of the case. In practice, landlords often act in haste, file lawsuits based on the wrong ground for eviction, or miss critical deadlines. These mistakes may not only lead to dismissal of the case but also result in protracted disputes lasting years and significant financial losses.

Eviction Through an Eviction Commitment

An eviction commitment is one of the fastest eviction methods available to landlords. This is a written declaration by the tenant committing to vacate the property on a certain date. If properly executed, such a document allows the landlord to apply directly to the enforcement office  without the need to file a lawsuit. In this way, instead of a court process that could last for years, the landlord may obtain a final result within a much shorter period.

What matters here is strict compliance with the validity requirements of the undertaking. It must be executed after the lease agreement is signed, the vacate date must be specified in a definite and certain manner, and it must be signed by the tenant. Based on such a valid undertaking, the landlord may initiate enforcement proceedings within one month from the agreed vacate date. If this deadline is missed, the undertaking loses its effect and the landlord’s right to seek eviction based on it is forfeited. Therefore, even this seemingly simple and fast method must be handled with precision, preferably under the guidance of a real estate attorney.

Eviction for Non-Payment of Rent (Default)

Eviction for non-payment of rent is both the most common and the most effective ground for landlords. Pursuant to Article 315 of the Turkish Code of Obligations, if the tenant fails to pay rent, the landlord may serve a written notice granting at least thirty days for payment. If the tenant still fails to pay within this period, the landlord may terminate the lease.

The major advantage of this route is that it is not limited to litigation: the landlord may also initiate non-judicial enforcement proceedings. In such proceedings, a payment order is served on the tenant. If the tenant neither pays nor objects, the proceeding becomes final. If the landlord has also requested eviction in the same proceeding, an eviction order can be obtained through enforcement, and the property will be vacated by the enforcement office. This process provides much faster results than a traditional eviction lawsuit, particularly against tenants who fail to pay rent.

So, What Is Really the Easiest Way to Evict a Tenant?

While eviction commintments and default-based proceedings are the most well-known fast-track options, all statutory grounds for eviction (such as landlord’s need, major renovations, purchaser’s need, two justified notices, etc.) can be effective if correctly applied. The decisive factor is properly identifying the applicable ground, observing statutory deadlines, and carrying out all procedural steps without error.

In practice, lawsuits are often dismissed because landlords rely on the wrong legal ground, miss deadlines, or fail to meet formal requirements, forcing them to wait years for relief. For this reason, working with an experienced real estate attorney in Turkey is the safest course of action in terms of both time and cost. Ultimately, whichever legal route you pursue, when guided by a professional attorney, that route becomes the easiest and fastest eviction method for you.

Tenant Eviction in Turkey

The need for tenant eviction arises when the expectations of the parties do not align with each other. The landlord can evict the tenant through legal means only if certain conditions specified in the eviction laws in Turkey are met. Turkish Code of Obligations (TCO) regulates this issue in two categories: eviction originating from the landlord and eviction originating from the tenant.

Eviction Originating from the Landlord

Tenant eviction in Turkey due to reasons originating from the landlord is divided into two main headings in the TCO. The first one is eviction due to necessity, reconstruction, and urban renewal, while the other is eviction due to the need of the new owner.

1. Eviction Due to Necessity

An eviction lawsuit based on necessity may be filed when the landlord requires the leased premises for his or her own use, or for the use of the landlord’s spouse, descendants, ascendants, or other persons legally under his or her care. Under this provision, the landlord may terminate the lease agreement and seek eviction if a compulsory need arises.

The subject matter of the lease must be either a residential property or a roofed commercial workplace, and the need asserted must be both genuine and compulsory. Therefore, claims that are contradictory, temporary, or not based on a real requirement will not be deemed bona fide and cannot form the basis of an eviction action due to necessity.

2. Eviction Due to Reconstruction or Renovation

Eviction based on renovation is regulated under Article 350, paragraph 2 of the Turkish Code of Obligations. According to this provision, if the leased property must undergo repairs or alterations for the purpose of reconstruction or renovation, and such works render the use of the premises impossible, the landlord may terminate the lease agreement through legal action and evict the tenant. This ground for eviction is frequently encountered in commercial lease disputes. For example, where adjacent shops have been leased, the tenant may be evicted if combining or separating the shops is necessary, thereby enabling the landlord to re-let the property at a higher value after renovation.

In residential leases, if the landlord relies on this ground to remove the tenant, compliance with the termination notice period—also referred to as the eviction notice period—becomes mandatory. In such cases, the landlord must file the eviction lawsuit within one month following the expiration of the lease term.

3. Eviction due to the Need for the New Owner

In cases where the rented property changes hands, the new owner is granted the possibility to evict the tenant. In this situation, in order to protect the interests of the new owner, certain conditions must be met for the tenant eviction to take place. This method, regulated in Article 351 of the TCO, allows the new owner to demand eviction of the tenant in Turkey if a mandatory need arises for themselves, their spouse, descendants, ascendants, or persons they are legally obliged to support. Again, the necessity must be genuine and compelling. To use this reason for tenant eviction, the new owner must inform the tenant about the situation within one month from the date of acquiring the property and provide a six-month notice period. After this period, an eviction lawsuit can be filed. However, if there is less than six months left until the end of the lease agreement, there is no need to wait beyond the end of the contract.

4. Eviction Through Termination Notice

The landlord’s ability to evict a tenant without providing any justification is regulated under Article 347 of the Turkish Code of Obligations and constitutes a highly exceptional circumstance. According to this provision, the landlord must wait until the expiration of the ten-year extension period following the end of the original lease term. This ten-year period begins on the date the initial lease term ends and is automatically extended by one year at the end of each renewal year.

Once the ten-year extension period has expired, the landlord acquires the right to terminate the lease agreement without the need to state any reason. To exercise this right, the landlord must serve a written termination notice on the tenant at least three months prior to the end of the renewal year. In practice, such termination notices are typically delivered in the form of a formal notification issued through a notary public. The notice must be duly served and within the prescribed time frame; otherwise, the lease agreement will be deemed renewed for another year, and the landlord will have to wait until the next renewal period.

You may be interested in: How to Evict a Tenant of 10 years in Turkey?

This regulation protects tenants from sudden evictions while also granting landlords the possibility of evicting tenants after a ten-year tenancy. However, since the exercise of this right is strictly tied to time limits, any miscalculation of the period or late delivery of the notice may result in significant loss of rights for the landlord. For this reason, accurately calculating whether the ten-year period has elapsed, ensuring that the termination notice is sent on time, and preferably serving it through a notary public are of critical importance for the landlord to avoid forfeiture of rights.

Eviction Originating from the Tenant

The landlord can terminate the lease agreement based on reasons originating from the tenant. These reasons include the tenant's commitment to vacate the property, failure to pay the rent, and the tenant's or his spouse's owning another property.

1. Tenant's Commitment to Vacate the Property

If the tenant has provided a written commitment to vacate the property on a specific date, the landlord can request the tenant's eviction based on this document. It is essential that the eviction commitment be in writing and that the date of the commitment is not the same as the date of the lease agreement. Otherwise, the tenant cannot be evicted based on this commitment. The landlord can initiate execution or a lawsuit against the tenant within one month from the date specified in the commitment to vacate.

2. Failure to Pay Rent or Paying Rent in Full

a. Eviction due to execution proceeding

One of the ways to evict the tenant in Turkey is if the tenant fails to pay the rent or pay it in full. In such a case, the landlord can start an execution proceeding for the outstanding amount by giving the tenant a minimum of 30 days for payment, as regulated in Article 315 of the TCO, regarding the tenant's default. If the tenant does not pay within this period and does not raise an objection, eviction can be enforced.

b. Eviction due to two justified notice

If the tenant has caused two justified notices to be issued within one lease year, the landlord can request the termination of the contract and the eviction of the tenant according to the rule of eviction due to two justified notices. For rental agreements lasting less than one year, the notices must be provided during the rental period; for rental agreements lasting one year or more, the notices must be given within one year or beyond that period. The notices must be made in writing, preferably through a notary, or an execution proceeding must have been initiated for the unpaid amount. In this case, the landlord can terminate the lease through a lawsuit within one month from the end of the rental period or one year, depending on the duration of the rental agreement.

3. Eviction due to the Tenant Owning Another Property

According to Article 352 of the TCO, if the tenant or his spouse has a suitable residence within the boundaries of the same district or municipality, the landlord can terminate the lease through a lawsuit within one month from the end of the lease agreement if they were unaware of this situation when the contract was signed. It is crucial that the property owned by the tenant or his spouse qualifies as a residential property. If the property is not a residential property and has a different nature, such as a commercial place or land, this regulation does not apply. This provision aims to prevent the tenant from engaging in opportunistic behavior.

4. Eviction due to Violation of the Liability of Diligent Use and Respect for Neighbors

The tenant must use the rented property diligently for its intended purpose. Failure to do so may lead to tenant eviction in Turkey and liabilities against the tenant. Additionally, the tenant must show respect to neighbors. If the tenant continuously disturbs the neighbors or fails to use the rented property diligently, the landlord can grant the tenant a 30-day period to rectify the situation. If the violation is not remedied within this period, the tenant may be evicted. In cases where the tenant intentionally inflicts significant damage to the rented property, the given period may be considered futile, or the tenant's behavior may become intolerable for the landlord or other occupants of the property, there is no need to grant a period; the contract can be terminated immediately with written notice.

How is a commercial tenant evicted in Turkey?

Just like residential leases, a commercial tenant is evicted based on reasons specified in the law. However, it is important to note that the grounds for eviction in a commercial setting are more limited. For example, a commercial tenant cannot be evicted on the grounds of having another residence. On the other hand, the Court of Cassation has imposed stricter conditions for evicting a commercial tenant due to the need for the business premises. Among these conditions, the suitability of the requested eviction location for conducting the business stated as the reason for eviction, or the landlord being under the threat of eviction from where he rented for doing business, can be counted.

The reasons for the eviction of a commercial tenant are divided into those arising from the tenant and those arising from the landlord. The landlord can resort to reasons arising from their own circumstances such as necessity, reconstruction, and urban planning, just as the tenant-related issues like breach of eviction commitment, non-payment of rent, and non-compliant use according to the lease agreement.

How Long Does an Eviction Lawsuit Take in Turkey?

The duration of an eviction lawsuit varies depending on the ground for eviction, the conduct of the parties, and the workload of the courts. However, in practice, an eviction lawsuit typically takes between one and two years on average.

Since 2023, mediation has become mandatory before filing an eviction lawsuit. Accordingly, an application for mediation must be submitted first. The mediation process is usually completed within a few weeks. If the parties cannot reach an agreement, a lawsuit may then be filed. The proceedings continue with service of the complaint, the defendant’s response, the collection of evidence, and the holding of hearings.

The most common factors that prolong the lawsuit include the tenant’s failure to submit defenses on time, objections and appeals, and delays in expert examinations or inspection reports. Conversely, when the landlord actively follows the case, submits all documents in full, and works with an experienced attorney, the case may conclude more quickly. Once a judgment of eviction is rendered, it must become final (kesinleşme) before it can be enforced. After the judgment becomes final, the landlord may apply to the enforcement office (icra müdürlüğü) to carry out the eviction. At this stage, if the tenant does not vacate voluntarily, eviction is carried out forcibly by the enforcement office.

In summary, if the process is properly managed and the parties avoid unnecessary delays, an eviction lawsuit is usually resolved within approximately two years. However, if documents are submitted late or the proceedings are unnecessarily prolonged, the process may exceed three years.

The Process After an Eviction Judgment in Turkey

Winning an eviction lawsuit does not mean the process is complete; the judgment must first become final before enforcement is possible. Eviction cannot be executed through enforcement until the judgment attains finality. Therefore, the court’s decision must be served on the parties, and the appeal period must expire. If the judgment is appealed, the process becomes final only after the appellate court (istinaf or temyiz) upholds it.

Once finality is obtained, the landlord may apply to the enforcement office and initiate eviction proceedings. The enforcement office issues an eviction order to the tenant, requiring them to vacate the property within a specified period. If the tenant fails to comply, the eviction is carried out forcibly by enforcement officers, with police assistance if necessary. The tenant’s belongings are removed under an official record, and the landlord takes physical possession of the property.

If there are no objections to the enforcement proceedings, this stage is generally completed within a few months. However, if the tenant objects to the eviction order or attempts to obstruct the process, delays may occur. Legal representation is especially important at this stage, as procedural errors at the enforcement office can cause further delays.

In short, the steps following a successful eviction lawsuit are: obtaining finality of the judgment, filing for eviction at the enforcement office, serving the tenant with an eviction order, and, if needed, proceeding with forced eviction. To ensure this process is completed swiftly and without complications, it is strongly recommended that the landlord work closely with a real estate attorney.

Frequently Asked Questions

How do I evict a tenant in Turkey?
To evict a tenant, one or more of the specified eviction reasons outlined in the law must occur. These conditions are divided into two different categories: reasons originating from the landlord and reasons originating from the tenant, as discussed above.
In which situations can a tenant not be evicted?
Eviction reasons that are not regulated in the law and do not meet the conditions mentioned above will be invalid, and the tenant's eviction will not be possible.
What are the renters' rights in Turkey?
The landlord must have valid reasons to evict a tenant. The reasons for evicting a tenant are specified in the relevant provisions of the Turkish Code of Obligations, and these reasons are limited in number. The landlord can evict the tenant by asserting one of these reasons.
How can a tenant who pays the rent be evicted?
Even if the tenant pays the rent regularly, they can still be evicted if they do not show respect to neighbors, have another property in the same area, have committed to vacating the property, or if the ten-year extension period has been completed. Additionally, eviction is possible due to reasons originating from the landlord, such as necessity and reconstruction.
Do the police have the right to evict a tenant?
The police do not have the right to evict a tenant merely based on a complaint. However, if the tenant has been evicted lawfully but returns to the property, the police can be contacted for assistance.
Is the eviction lawsuit subject to mediation?
Yes, with the law on the Amendments on the Execution and Bankruptcy Law and Other Laws No. 7445, also known as the 7th Judicial Reform Package, and the Law No. 6325 on Mediation in Civil Law Disputes, disputes arising from tenancy relationships have been included within the scope of mandatory mediation. Since the regulation will enter into force on September 1st, 2023, it will be mandatory to resort to mediation for cases filed after this date.

CONCLUSION

In a rental relationship, there are landlords who seek to receive returns on their investments and tenants who aim to find peaceful housing. However, disputes may arise, especially due to economic imbalances or changing needs. To evict a tenant, the landlord must have a valid reason based on the reasons specified in the law. These reasons are generally categorized as originating from the tenant or from the landlord. Rental law is quite complex and should be evaluated on a case-by-case basis to determine the eviction reason accordingly. Unfortunately, incorrect solutions can lead to long-term grievances and financial losses for the parties involved. Therefore, in cases concerning tenant eviction in Turkey, great care should be taken to avoid any loss of rights, and seeking advice from a real estate law firm in Turkey is essential.

For any questions or legal assistance regarding this matter, you may contact us at info@paldimoglu.av.tr.

Comments

  1. LEVENT  GÖKÇE
    LEVENT GÖKÇE 06 August 2023 12:44:54

    Bir yıllık söylememe iki ay kala ev sahibi kiradayim kendim gelecem diye bana noterden ihtar çekti...benim evi boşaltmam için bana nekadar zman vermek zorunda

    • Paldımoğlu Avukatlık Bürosu
      Paldımoğlu Avukatlık Bürosu10 August 2023 11:13:51

      Merhaba Levent Bey,
      İhtiyaç sebebiyle tahliye konusu hakkında buradan bilgi edinebilirsiniz: https://www.paldimoglu.av.tr/yayinlar/ihtiyac-nedeniyle-tahliye
      Fesih bildirim süresi 3 aydır. Tahliye talebinin hukuki olmadığını düşünüyorsanız hukuki destek için tarafımızla iletişime geçebilirsiniz.

  2. Nihal  Özçim
    Nihal Özçim18 October 2024 15:29:57

    Babamın kiracısı bir sendedir kira vermiyo.ben kızıyım eve ihtiyacımız var.su anda eşyamı depoda duruyor.avukat tuttuk.fakat avukat bize sormadan uzlaşmıs.6000 kira hazirana 1 diye biz çıkarmasını istemiştik.karşı tarafla anlaştığını düşünüyoruz.napmamiz lazım.lutfen yardımcı olun

    • Paldımoğlu Avukatlık Bürosu
      Paldımoğlu Avukatlık Bürosu25 October 2024 15:46:41

      Nihan Hanım, tahliye işlemleri için başvurulabilecek yollar bulunmaktadır. Destek için tarafımızla iletişime geçiniz.

  3. Murat  Kazanır
    Murat Kazanır 27 October 2025 14:18:51

    Ev sahibi icra takibi baslatdi tahliye tahaaut verdim ama boslatmatim beni çıkarabilir mi zorla tskler

Comment