An eviction action based on need (ihtiyaç nedeniyle tahliye davası) is a special type of action that allows the landlord (kiraya veren) to bring the lease to an end on the ground that the landlord, or one of the relatives listed in the law, needs the property as a dwelling or as business premises. Regulated in articles 350 and 351 of the Turkish Code of Obligations no. 6098 (Türk Borçlar Kanunu, TBK), this route carries with it one of the most debated issues in practice: whether the alleged need is “genuine”. In this article we examine the conditions of the action, the standard of proof and the course of the proceedings.
Key Takeaways
- Eviction based on need may only be asserted for the landlord personally, the landlord’s spouse, descendants, ascendants or persons the landlord is legally obliged to support (TBK m. 350).
- The need must be genuine, sincere and lasting; temporary or token claims of need result in the dismissal of the action.
- A landlord who has moved into a property rented later on may also assert a claim of need against an existing tenant, where there is a necessity to live in the landlord’s own property (TBK m. 351).
- A claim of need that proves to be unfounded may create the risk of paying bad-faith compensation (kötüniyet tazminatı) to the former tenant.
- The action must be brought before the civil court of peace (sulh hukuk mahkemesi) of the place where the property is situated, within one month of the expiry date of the lease.
What Is an Eviction Action Based on Need?
An eviction action based on need allows the landlord to bring the lease to an end by relying on the need of the landlord personally, or of the relatives specified in the law, for a dwelling or for business premises (TBK m. 350). This action is an exceptional route to eviction that may be brought at any point in the lease, without waiting for the ten-year extension period to run out. The subject falls within the lease and eviction law practice area of KCD Hukuk. For the statutory limits on rent increases, another frequent dispute arising out of the landlord-tenant relationship, you may also look at our article on the legal ceiling on rent increases.
Whose Need Is Taken into Account?
The law lists the persons who may have the relevant need exhaustively: the landlord personally, the landlord’s spouse, descendants (children, grandchildren), ascendants (mother, father) and other persons the landlord is legally obliged to support. The need of relatives who do not appear on that list, such as a sibling, a nephew or niece, or a brother-in-law, cannot on its own form the basis of this action.
The Difference Between Housing Need and Business-Premises Need
Where the need concerns a dwelling, the purpose of shelter of the person in need is taken as the basis, whereas in the case of business premises grounds such as continuing an economic activity or setting up a new business are put forward. In both situations the court examines with the same care whether the need is genuine and sincere.
How Is a Claim of Need Proved?
The courts do not regard a claim of need resting on a mere assertion as sufficient; they investigate whether the claim matches the concrete living conditions, housing situation and family requirements of the person said to be in need. The burden of proof lies with the landlord who brings the action.
The Concrete Evidence the Court Looks For
In practice the courts assess together whether the person in need has another dwelling, whether the current dwelling is large enough for the size of the family, life events such as marriage, birth or retirement, and official documents such as title deeds and civil registry records. Witness statements likewise play an important role in showing the sincerity of the need.
Need Arising Subsequently (TBK m. 351)
A landlord who later purchases or otherwise acquires the leased property may, if a necessity arises for the landlord personally or for the relatives listed above to live there, bring an eviction action based on need within one month of the end of the lease, provided that the situation is notified to the tenant in writing within one month of the date of acquisition. Where the manner in which ownership of the property was acquired is itself disputed, a separate type of action, the action for cancellation of the title deed and registration, may come onto the agenda.
| Element | Condition Required | Consequence |
|---|---|---|
| Person with the need | The landlord, the landlord’s spouse, descendants, ascendants or a person the landlord is obliged to support | Relatives outside this list cannot be a ground for the action |
| Nature of the need | Must be genuine, sincere and lasting | A token need leads to the dismissal of the action |
| Notification and time limit for the action | Action within 1 month of the end of the lease | If the time limit is missed, the right to sue passes to the following period |
| Prohibition after eviction | For 3 years the property may not be let to anyone other than the former tenant | Otherwise bad-faith compensation arises |
The Steps to Be Followed in the Proceedings
An eviction action based on need is brought before the civil court of peace of the place where the property is situated; the statement of claim must set out in detail the facts on which the need rests and the supporting documents. In the course of the proceedings the court may, if necessary, hear witnesses and order an investigation into the living conditions of the person said to be in need.
Elements That Must Appear in the Statement of Claim
The statement of claim should set out the date and term of the lease, the identity of the person in need and the degree of kinship with the landlord, the concrete grounds of the need and any supporting documents (such as the title deed, civil registry record or medical report). Incomplete or abstract pleadings increase the risk that the action will be dismissed.
The Tenant’s Means of Defence
The tenant may argue that the claim of need is not genuine, that the person said to be in need already has a suitable dwelling, or that the claim is being used as a pretext to evict the tenant. The tenant may also ask for a reasonable period in which to vacate, so as to have the opportunity to find a new home.
Additional Assessment Criteria Where Business Premises Are Needed
In actions based on a need for business premises, the court looks for concrete preparations showing that the person in need genuinely intends to expand an existing business or to start a new commercial activity; a merely abstract declaration of a “wish to set up a business” is not regarded as sufficient. Documents such as a trade registry record, a professional chamber certificate or investment plans strengthen the evidential position in actions of this kind.
The Claim That the Existing Business Premises Are Inadequate
If the person in need argues that the existing premises are no longer adequate for a growing activity, that situation is expected to be supported by concrete data such as an increase in turnover, a change in the number of employees, or stock and storage requirements. The court assesses this claim, just as it does a housing need, by way of a strict examination.
Strategy for Gathering Evidence in an Eviction Action Based on Need
Collecting the documents that will support the claim of need in a systematic way before the action is brought both speeds up the proceedings and improves the prospect that the action will be upheld.
- Documenting the current housing or business-premises situation of the person in need: title deed records and residence certificates establish whether there is another property.
- Documenting the life event: documents showing the event that gave rise to the need, such as a marriage certificate, a birth certificate or a retirement notice, are collected.
- Preparing the written notification: the claim of need is, where possible, notified to the tenant in writing before the action is brought.
- Drawing up the list of witnesses: the persons who can testify to the living conditions of the person in need are identified.
- Filing the statement of claim: together with the documents collected and the list of witnesses, the action is filed with the competent civil court of peace.
Expert Examination and On-Site Inspection in Assessing the Claim of Need
With a view to clarifying whether the claim of need is concrete, the court may, if it considers it necessary, carry out an on-site inspection (keşif) at the property or appoint a court-appointed expert (bilirkişi) to conduct an investigation into social and economic circumstances. These are methods frequently resorted to, particularly in files where the fit between the size of the family of the person in need and the size of the property is in dispute.
Investigation into Social and Economic Circumstances
In some files the court may have an investigation carried out through the local neighbourhood headman’s office (muhtarlık) or social services institutions, in order to assess the income situation and family size of the person in need and the reality of the housing need. The results of that investigation, together with witness statements, may play a decisive role in the court’s final decision.
Consequences of a Token Claim of Need
If the court is satisfied that the need was not genuine, or that after the eviction the property was not actually used by the person said to be in need, the former tenant may claim bad-faith compensation; that claim is brought as a separate civil action. Precedents on this subject may be consulted through the case-law search system of the Yargıtay (the Court of Cassation).
The Three-Year Prohibition on Reletting
A property from which a tenant has been evicted on the ground of need may not, in the absence of a just cause, be let to anyone other than the former tenant for three years from the date of eviction. Establishing that the property was let to someone else within that period constitutes strong evidence for the former tenant’s claim for compensation.
What Does the Concept of Just Cause Mean?
Where the person in need is unable to use the property because of a legitimate ground that has arisen subsequently, such as an unexpected health problem, a change of job or a family necessity, it may not be possible to speak of a breach of the prohibition on reletting; this is assessed on a file-by-file basis.
Choosing Between Eviction Based on Need and Other Routes to Eviction
Where the landlord is able to rely both on a written undertaking to vacate (tahliye taahhüdü) and on a ground of need, the landlord should assess which route can be supported more quickly and with stronger evidence; where there is an undertaking to vacate, that route generally produces a result in a shorter time. If the ten-year extension period has not yet expired, eviction based on need may be the only legal option available without waiting for the term of the lease to run. We have examined the other routes to eviction, covering the ten-year extension, the undertaking to vacate and non-payment of the rent, in detail in our guide to evicting a tenant.
Relying on Several Grounds Together
The statement of claim may rely both on the ground of need and, where applicable, on an undertaking to vacate or on default in payment of the rent; the court assesses each legal ground separately. This approach provides additional protection against the risk that one of the grounds cannot be proved.
Routes of Challenge Against a Judgment of Eviction Based on Need
Where the civil court of peace orders eviction on the ground of need, the tenant may apply to the regional court of appeal (bölge adliye mahkemesi) by way of appeal (istinaf) within two weeks of service of the judgment. Under the Code of Civil Procedure no. 6100 (Hukuk Muhakemeleri Kanunu, HMK), an appeal does not of itself suspend enforcement of the judgment; if suspension is sought, a stay of execution (tehiri icra) must also be requested against security. If the tenant does not leave voluntarily once the judgment has become final, eviction by way of enforcement proceedings comes onto the agenda; the rights of objection and the time limits at that stage are examined in detail in our article on the time limit for objecting to enforcement proceedings.
Matters Examined at the Appeal Stage
The regional court of appeal examines whether the first-instance court interpreted the evidence correctly in assessing the claim of need, whether the burden of proof was correctly allocated, and whether the rules of procedure were observed. As a result of the appellate examination the judgment may be upheld, set aside, or remitted for a fresh hearing.
The Tenant’s Rights After Eviction
A tenant evicted on the ground of need may claim the return of the security deposit paid and, where rent has been paid in advance, the return of the unused portion of it. The tenant may also bring an action for bad-faith compensation if it is established that the three-year prohibition on reletting has been breached.
Return of the Security Deposit and of Advance Payments
The landlord may set off against the deposit only unpaid rent or the cost of damage established at the property; the landlord is obliged to return the remaining amount without delay after the eviction. Where rent has been paid in advance, the portion corresponding to the unused period must likewise be returned.
A Claim of Need Based on Retirement or a Health Problem
Landlords who wish to settle in a village or home-town property after retirement, or who have to change their current dwelling because of health problems, may also bring an eviction action based on need within the scope of TBK m. 350. In actions of this kind, official documents such as a retirement certificate, a medical report and doctors’ recommendations strongly support the sincerity of the need.
Need for the Purpose of Caring for an Elderly or Disabled Relative
The same standard of proof applies to actions brought by a landlord in order to provide care for an elderly or disabled relative whom the landlord is obliged to support, in a dwelling that is closer or more suitable; official documents showing the care relationship, together with medical reports, form the principal basis of such a claim.
Illustrative Example: How Is a Claim of Need Assessed?
The following example is entirely fictitious and illustrative. Suppose that a landlord wishes to have the flat he has let vacated on the ground of need, for a child who is getting married. The court decides whether the need is genuine by examining the date of the child’s marriage, the place where the child currently lives and whether the family has another dwelling; a mere declaration that “I need it” is not accepted as sufficient on its own and must be supported by concrete living conditions.
Litigation Costs and the Competent Court
An eviction action based on need is brought before the civil court of peace of the place where the property is situated and is subject to a court fee (harç), calculated on the value of the claim and updated each year in the Official Gazette (Resmî Gazete); the application fee, the fee payable in advance and service expenses vary from file to file. You may check the current fee and cost amounts using KCD Hukuk’s court fee and cost calculation tool.
The Cost Risk If the Action Is Decided Against the Landlord
If the action is dismissed because the claim of need cannot be proved, the landlord may be liable to pay the litigation costs and the other party’s counsel fees. For that reason it is important to consider carefully, before the action is brought, whether the claim of need is supported by strong evidence.
What Will the Other Side Do?
In an eviction action based on need, the tenant on the other side also has a defence strategy; being prepared for those defences determines the course of the action and the evidence that will be required.
- “The person said to be in need already has a suitable dwelling; the need is not genuine.” This objection is met with title deed and civil registry records showing that the person in need has no other property.
- “This claim is a pretext to evict me.” This defence is met by supporting the concrete life event giving rise to the need, such as marriage, birth or retirement, with official documents.
- “The property is not suitable or large enough for the family of the person in need.” This objection is met by a concrete assessment of the size of the family and the suitability of the property, through an on-site inspection and expert examination ordered by the court if necessary.
- “The claim of a business-premises need is abstract; there is no concrete preparation.” This defence is met with concrete documents such as a trade registry record, a professional chamber certificate or investment plans.
Which defence comes to the fore varies according to the concrete situation of the person in need and the evidence in the file; for that reason it is important that the supporting documents be collected before the action is brought. To assess in advance which defence your file will meet, you may get in touch.
Frequently Asked Questions
When must an eviction action based on need be brought?
The action must be brought within one month of the expiry date of the lease; for a landlord who acquires the property subsequently, that period starts at the end of the lease period following the notification made within one month of the date of acquisition.
How can a tenant object to a claim of need?
The tenant may object by establishing with evidence that the person said to be in need has another dwelling, that the need is not genuine, or that the claim has been put forward in order to evict the tenant.
Is compensation paid to a tenant evicted on the ground of need?
The landlord has no separate obligation to pay compensation at the time of eviction; however, if it later emerges that the claim of need was not genuine, the former tenant may claim bad-faith compensation.
Does a sibling’s need count as a ground for eviction?
No; since siblings are not among the persons listed within the scope of TBK m. 350, an action brought solely on the basis of a sibling’s need will not be upheld.
Is mediation compulsory in an eviction action based on need?
Mediation as a precondition to suit is not required in eviction actions arising out of leases of dwellings and roofed business premises; the parties may bring the action directly before the civil court of peace.
If an action brought on the ground of need is dismissed, who pays the litigation costs?
If the action is dismissed because the claim of need cannot be proved, the landlord may be liable to pay the litigation costs and the other party’s counsel fees.
Within what time must an appeal be lodged against an eviction judgment?
An appeal must be lodged with the regional court of appeal within two weeks of service of the judgment; if that time limit is missed, the judgment becomes final.
Table of Time Limits
| Time limit | How long | Starting point |
|---|---|---|
| Time limit for bringing an eviction action based on need | 1 month | From the expiry date of the lease |
| Time limit for appealing against an eviction judgment | 2 weeks | From service of the judgment |
| Prohibition on reletting | 3 years | From the date of eviction |
Sources
- Legislation Information System (mevzuat.gov.tr)
- Yargıtay Case-Law Search System
- Legislation Information System (mevzuat.gov.tr)
- Official Gazette (resmigazete.gov.tr)
Related Articles
- The Legal Ceiling on Rent Increases: Dwellings and Business Premises in 2026
- Action for Cancellation of Title Deed and Registration: Collusion by the Deceased and Limitation
- Evicting a Tenant in 2026: Ten-Year Extension, Need and Undertaking to Vacate
- Time Limit for Objecting to Enforcement Proceedings and Its Consequences: 2026 Guide
- Purchase of Immovable Property by Foreigners and the Citizenship Process (2026)
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your file. This article has been prepared on the basis of the legislation in force as at 17.09.2026.
Av. Yahya Köse
Enforcement and Bankruptcy Law, Real Estate Law, Lease and Eviction Law, Criminal Law, Dispute Resolution, Preventive Law
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