Tenant eviction (kiracı tahliyesi) is one of the matters landlords most often misunderstand, because the Turkish Code of Obligations grants the landlord the right to terminate a lease only on a limited set of grounds. In residential and roofed workplace leases there are three principal routes: expiry of the ten-year extension period, the need of the landlord or of the landlord’s close relatives, and a written undertaking to vacate (tahliye taahhüdü) signed by the tenant. In this guide we examine the conditions, the deadlines and the court process of all three routes under the provisions of the Turkish Code of Obligations no. 6098.
Key Takeaways
- A tenant whose ten-year extension period has expired may be evicted without any reason being given, by means of a written notice (ihtarname) sent by the landlord within the prescribed time (TBK m. 347).
- In eviction on the ground of need, the alleged need must be genuine and sincere; if the contrary is proved, a risk of compensation arises (TBK m. 350).
- In a case based on an undertaking to vacate, enforcement proceedings (icra takibi) must be commenced or a case must be filed within 1 month of the date undertaken (TBK m. 352).
- Since an undertaking to vacate is not treated as a new lease agreement, it does not restart the ten-year extension period.
- Whichever route is followed, making the notice and the eviction demand in writing and within the applicable time limit is decisive for the case to be allowed.
For more comprehensive legal support on the eviction routes described in this article you may review our lease and eviction law practice page, and to calculate the current rent increase rate you may use our rent increase rate calculation tool.
By Which Legal Routes Is a Tenant Evicted?
In residential and roofed workplace leases, tenant eviction is possible only on the grounds listed in the Turkish Code of Obligations no. 6098; the landlord cannot terminate the agreement arbitrarily. The Code defines three basic eviction routes: expiry of the ten-year extension period, termination on the ground of need, and termination based on a written undertaking to vacate. Each route has its own time limit and burden of proof.
How Does the Type of Lease Agreement Affect the Eviction Route?
Residential and roofed workplace leases are subject to the mandatory provisions of the TBK and provide strict protection in favour of the tenant. By contrast, in other lease relationships such as leases of land, farmland or vehicles, the general provisions and freedom of contract apply more broadly. This article takes residential and roofed workplace leases as its basis.
The Difference Between an Eviction Case and Eviction Through Enforcement
Relying on an undertaking to vacate or on non-payment of the rent, the landlord may request eviction without judgment (ilamsız tahliye) through the enforcement office; if the tenant does not object, the process may be concluded without going to court. In eviction based on the ten-year extension period and on need, however, a case must be filed before the civil court of peace (sulh hukuk mahkemesi).
Eviction at the End of the Ten-Year Extension Period (TBK m. 347)
When the ten-year extension period expires, the landlord may terminate the agreement without giving any reason; the only condition is to send a written notice at least three months before the beginning of the lease year following the end of the ten-year period (TBK m. 347). This right is granted to the landlord alone, and if it is not exercised within the time limit, the landlord must wait until the end of the next extension year.
How Is the Start of the Ten-Year Period Calculated?
The ten-year period is calculated not from the date on which the lease agreement was concluded, but from the first lease year in which the agreement actually began. Whether the agreement is for a fixed or an indefinite term, it is extended automatically each year, and the end of the tenth extension year is taken as the basis. Even if the tenant changes, the period is not interrupted so long as the lease relationship in respect of the same immovable continues.
The Notice Requirement and the Notification Period
Under TBK m. 348 the notice of termination must be made in writing; a notice sent through a notary is a strong method in terms of proof. The notice must reach the tenant at least three months before the end of the lease year following the tenth extension year; if the deadline is missed, the right of termination is postponed to the following year.
| Stage | Period / Timing | Explanation |
|---|---|---|
| Expiry of the ten-year extension period | 10 years from the date on which the agreement actually began | The period runs automatically, extending by one year at the end of each lease year |
| Sending the written notice | At least 3 months before the end of the lease year following the tenth year | Sending through a notary makes proof easier |
| Filing the eviction case | Within 1 month of the end of the period stated in the notice | If the deadline is missed, the right to sue passes to the next extension year |
| Notice on the ground of default (TBK m. 315) | At least 30 days for the unpaid rent | A case or enforcement proceeding brought before the period expires may be dismissed on procedural grounds |
Eviction on the Ground of Need (TBK m. 350)
The landlord may file an eviction case asserting that the landlord, the landlord’s spouse, descendants, ascendants or other persons whom the landlord is legally obliged to support have a need for a dwelling or a workplace (TBK m. 350). The need must be genuine, sincere and compelling; token allegations of need are dismissed by the court.
Whose Need Counts as a Ground for Eviction?
The Code lists exhaustively the persons who may be in need: the landlord, the landlord’s spouse, descendants (children, grandchildren), ascendants (mother, father) and persons whom the landlord is legally obliged to support. The need of relatives not on this list, such as a sibling or a brother-in-law, does not by itself constitute a ground for eviction.
Proof of the Alleged Need and the Prohibition on Re-Letting
The court requires the alleged need to be supported by concrete evidence; for example, the fact that the person in need has no other dwelling is strong evidence. After the eviction has taken place, the immovable may not, without just cause, be let to anyone other than the former tenant before three years have passed; otherwise the former tenant may claim compensation.
Eviction by Undertaking to Vacate (TBK m. 352)
Where the tenant undertakes in writing, after delivery of the leased property, to vacate the immovable on a specified date, eviction takes place if enforcement proceedings are commenced or a case is filed within one month of that date (TBK m. 352). Taking the undertaking before delivery, together with the lease agreement, carries a risk of invalidity.
Conditions for a Valid Undertaking to Vacate
For the undertaking to be valid it must be in writing, the eviction date must be stated clearly and definitely, and it must have been signed after delivery of the leased property. Undertakings signed at the same time as the lease agreement, before the tenant has yet taken delivery of the immovable, carry a risk of being held invalid under the case law of the Yargıtay (the Court of Cassation).
The 1-Month Period for a Case or Enforcement Based on the Undertaking
The landlord must commence enforcement proceedings or file a case before the civil court of peace within a one-month forfeiture period (hak düşürücü süre) running from the date undertaken. If this period is missed, the right of eviction based on the undertaking cannot be exercised; and since the undertaking is not treated as a new lease agreement, it does not restart the ten-year extension period either.
Eviction on the Ground of Non-Payment of Rent (Default)
The tenant’s failure to pay the rent gives rise to a separate eviction route under TBK m. 315: the landlord must notify the tenant in writing, granting a payment period of at least thirty days and stating that the agreement will be terminated if payment is not made within that period. If payment is not made by the end of the period, eviction may be sought by way of a case or enforcement proceedings.
TBK m. 315: The Thirty-Day Notice Requirement
The notice must clearly state the amount of the unpaid rent and that the agreement will be terminated if payment is not made by the end of the thirty-day period. The thirty-day period begins to run from the date on which the notice is served on the tenant, and a case filed or enforcement proceeding commenced before that period expires carries a risk of being dismissed on procedural grounds.
TBK m. 352/2: Eviction on the Ground of Two Justified Notices
Where the tenant, by failing to pay the rent for different months within a single lease year, causes two justified notices (iki haklı ihtar) to be sent in writing, the landlord may file an eviction case within one month of the end of the lease year. This route may be pursued irrespective of whether the debt was subsequently paid; what matters is that two separate justified notices were sent within the lease year.
The Eviction Case Process Step by Step
An eviction case is filed before the civil court of peace in the place where the immovable is located; the process consists of a few clear steps, from preparation of the notice or undertaking through to the enforcement stage. Since the proceedings are subject to the simplified procedure, they may be concluded relatively faster than other civil cases.
- Determining the legal ground: It is established which of the grounds – the ten-year extension, need, an undertaking to vacate or default – fits the particular case.
- Preparing the written notice or notification: Depending on the ground chosen, a notarial notice, a notification of need or a default notice is drawn up in writing and served on the tenant.
- Waiting for the period to run: One waits for the notification or payment period prescribed by law (three months, thirty days, or the date stated in the undertaking) to expire.
- Preparing the statement of claim: The lease agreement, the certificates of service and, if any, the undertaking are annexed to the statement of claim and submitted to the competent civil court of peace.
- The proceedings: The court examines the parties’ statements and evidence and gives its decision under the simplified procedure.
- Enforcement of the decision: The eviction decision, once final or capable of being enforced without becoming final, is actually carried out through the enforcement office.
Required Documents and the Competent Court
The case file must contain the original or a certified copy of the lease agreement, the certificate of service of the notice served, the original of the undertaking if there is an undertaking to vacate, and identity/address details. The competent court is the civil court of peace of the place where the leased immovable is located.
How Are the Costs of the Case Calculated?
In an eviction case, the court fees and costs vary according to the value of the case and the current schedule of fees; the total of the application fee, the advance fee and service expenses may differ from file to file. You may check the current amounts with KCD Hukuk’s court fee and cost calculation tool.
A Comparison of the Four Eviction Routes
Which eviction route the landlord may resort to varies according to the circumstances of the particular case; in some situations more than one route may be available at the same time. The table below summarises the basic differences between the ten-year extension, need, undertaking to vacate and default routes.
| Eviction Route | When It Is Used | Required Document |
|---|---|---|
| Ten-year extension (TBK m. 347) | If the agreement has lasted at least 10 years, without any reason being required | A written notice sent within the time limit |
| Eviction on the ground of need (TBK m. 350) | If the landlord or a close relative has a genuine need for a dwelling/workplace | Concrete documents supporting the need |
| Undertaking to vacate (TBK m. 352) | If the tenant has undertaken in writing to vacate on a specified date | An undertaking signed after delivery |
| Default / two justified notices (TBK m. 315, 352/2) | If the rent has not been paid or there are repeated late payments | The thirty-day notice or the two justified notice documents |
What Is Done If the Tenant Does Not Leave Despite an Eviction Decision?
If the tenant does not voluntarily vacate the immovable even though the court decision or the enforcement order has become final, the landlord may request forcible eviction from the enforcement office; the enforcement officer, accompanied by law enforcement where necessary, actually clears the immovable. At this stage the tenant’s belongings are taken into safekeeping or delivered to the tenant in accordance with the procedure laid down by law.
The Enforcement Process to Be Followed in Forcible Eviction
The final eviction decision is submitted to the enforcement office and an eviction order is issued; the tenant is given a short period in which to comply voluntarily. If the immovable is not vacated by the end of that period, the enforcement officer attends the immovable on the appointed date and actually carries out the eviction.
The Fate of the Tenant’s Belongings
If the tenant or a relative is not present during the eviction, the belongings found in the immovable are recorded in a report and kept in a suitable place for a certain period; the tenant may take delivery of the belongings within that period. The costs of safekeeping are, as a rule, collected from the tenant.
Is Eviction in Workplace Leases Different from Residential Leases?
The TBK subjects roofed workplace leases to largely the same protective regime as residential leases; the provisions on the ten-year extension period, eviction on the ground of need and the undertaking to vacate apply to workplace leases as well. In workplace leases, however, claims for compensation after eviction arise more frequently in practice because of the fixtures and installations in which the tenant has invested.
Additional Protection Claims of the Workplace Tenant
A workplace tenant may claim payment on eviction for useful expenditure or fixtures added to the leased property; this claim may also be raised as a separate debt claim, independently of the eviction case. In order to exercise these rights the tenant must prove the expenditure incurred by evidence such as invoices, annexes to the agreement or an expert determination.
Eviction in Chain Lease Relationships and on Transfer
Where the tenant transfers the workplace to another person or sublets it, against whom the grounds of eviction may be asserted varies according to the nature of the agreement and of the transfer. In transfers made without the landlord’s consent, the landlord may also seek eviction against the original tenant; at this point the file needs to be examined specifically.
The Rights and Obligations of the Parties After Eviction
Once the eviction decision has become final or has been carried out through enforcement, matters such as the return of the security deposit, the set-off of any rent debt and the report drawn up on handover of the immovable come to the fore. The landlord may claim, by way of a compensation case, the damage caused by the tenant to the immovable taken back; the tenant, for its part, may demand the return of a security deposit unjustly withheld.
Return of the Security Deposit and the Right of Set-Off
The landlord may set off against the security deposit only unpaid rent, common expense debts or the cost of damage identified in the immovable; the landlord is obliged to return the remaining amount without delay. Where the security deposit is unjustly withheld, the tenant may seek collection by way of a debt claim or enforcement proceedings.
Objection to the Eviction Decision and the Appeal Route
An application may be made against the eviction decision of the civil court of peace to the regional court of appeal (istinaf) within two weeks of service of the decision. As a rule, an appeal does not automatically suspend enforcement of the decision; in order to halt enforcement, a separate request for a stay of enforcement (tehiri icra) against security must be made.
In disputes arising out of a lease relationship, mediation as a condition precedent to suit operates differently from compulsory mediation in commercial disputes; for the commercial dimension of the subject you may look at our article on compulsory mediation in commercial cases.
Is Mediation Compulsory in Eviction Disputes?
In eviction cases arising out of a residential or roofed workplace lease relationship, mediation as a condition precedent to suit is not required; the parties may file a case directly before the civil court of peace. By contrast, since in certain commercial lease disputes between merchants it may be necessary to apply to a mediator before a case is filed, it is advisable to assess this point separately in workplace leases.
The Advantages of Voluntary Mediation
Even though it is not a condition precedent to suit, the parties may, if they wish, resort to voluntary mediation and resolve eviction and compensation matters without going to court; this route may save time and costs, particularly where the parties are considering continuing the relationship or want a quick result.
Frequent Mistakes in Tenant Eviction
The most frequently encountered mistake in practice is failure to send the notice within the time limit or in the correct form; verbal warnings or improper service are not taken into account by the court. Another mistake is signing the undertaking to vacate on the same date as the lease agreement and before delivery, which gives rise to the risk of the undertaking being held invalid.
In addition, failure to submit concrete evidence showing that the need is sincere in cases brought on the ground of need may result in dismissal of the case. As for the ten-year extension period, miscalculating the three-month notification period may oblige the landlord to wait until the end of the next lease year.
Frequent Grounds of Objection in Cases Brought on the Ground of Need
In eviction cases based on need, the objection most frequently raised by the tenant is that the alleged need is not genuine but merely a token one. In assessing this objection the court examines together the current housing situation of the person in need, that person’s family and professional circumstances, and the size of the immovable and its suitability for the needs of that person’s family.
The Consequences of a Token Allegation of Need
If the court is satisfied that the alleged need is not genuine, it dismisses the case; moreover, if it is established that the immovable was not used by the person in need within a reasonable time after the eviction took place, the former tenant may claim bad-faith compensation. For this reason it is of great importance that the alleged need be supported by concrete evidence before the case is filed.
The Tenant’s Request for Time to Find a New Dwelling
Even if the tenant does not object to eviction in a case brought on the ground of need, the tenant may request a reasonable eviction period from the court; the judge may grant a short additional period according to the circumstances of the particular case. This request does not affect the merits of the case but determines when the eviction will actually take place.
For tenants who cannot decide between the eviction routes, you may look at our article on the eviction case on the ground of need, which is a different option, and on updating the rent at our article on the statutory limit on rent increases. You may reach the lease provisions of the Turkish Code of Obligations from the legislation page of the Grand National Assembly of Turkey (TBMM), and the relevant decisions of the Yargıtay (the Court of Cassation) from the Yargıtay Decision Search system.
What Will the Other Side Do?
The tenant, as the other side in the eviction process, also has its own strategy and line of defence; being prepared in advance for these defences largely determines which evidence will be gathered and how long the process will take.
- “The alleged need is not genuine, it is merely a token.” The tenant may assert that the person in need already has a suitable dwelling, or that the allegation is an excuse for evicting the tenant. This defence is met with title deed records showing that the person in need has no other immovable, and with documents evidencing concrete life events such as marriage or retirement.
- “The undertaking to vacate was signed before delivery of the leased property and is invalid.” This assertion is met by comparing the date of the undertaking with the date on the handover report for the immovable, and with documents showing that the undertaking was genuinely signed on a date after delivery.
- “The notice was not served in accordance with the proper procedure.” This defence is rebutted by the certificate of service of a notice sent through a notary or by the PTT delivery receipt; verbal warnings do not constitute sufficient evidence at this point.
- “The ten-year extension period has not yet expired.” The tenant may claim that the lease relationship has been running for a shorter time; this objection is met with the agreement and payment records showing the date on which the lease actually began.
Which defence comes to the fore varies according to the specific circumstances of the file; for this reason it is of great importance that the notice, the undertaking and the service documents be gathered in full before the case is filed. To assess in advance which defence your file will meet, you may get in touch.
Frequently Asked Questions
Can a tenant be evicted before the ten-year extension period expires?
Yes, but only on the other grounds listed in the Code: eviction on the ground of need (TBK m. 350), eviction based on an undertaking to vacate (TBK m. 352), or cases of default such as non-payment of the rent. The ten-year extension period rule is a separate route granting a right of termination without any reason being given.
Must the notice be sent through a notary?
The Code does not require the notice necessarily to be sent through a notary, but it must be in writing and the date of service must be capable of proof. In practice a notarial notice is preferred because it makes proof easier.
Can the undertaking to vacate be signed at the same time as the lease agreement?
The undertaking must be signed after delivery of the leased property; undertakings taken simultaneously with the agreement, before delivery, carry a risk of being held invalid in the practice of the Yargıtay. Renewing the undertaking on a separate date and after delivery is a safe method.
Can an immovable from which the tenant was evicted on the ground of need later be let to someone else?
Unless there is just cause, the immovable may not be let to anyone other than the former tenant for three years from the date of eviction; otherwise the former tenant may claim compensation from the landlord (TBK m. 355).
How long does an eviction case take to conclude?
The time varies according to the workload of the court, the objections of the parties and the state of the evidence; since the simplified procedure applies, such cases tend to conclude in a shorter time than general civil cases. It is not possible to give a definite period; the specific circumstances of the file are decisive.
Does a change of tenant reset the period in calculating the ten-year extension?
No; what matters is whether the lease relationship in respect of the same immovable has continued without interruption; even if the agreement has been renewed with a new tenant, the calculation of the period may not be affected if the actual use has been uninterrupted. An assessment specific to the file is required on this point.
Can the landlord rely on more than one ground of eviction at the same time?
Yes; more than one legal ground (for example both need and an undertaking to vacate) may be relied on together in the statement of claim, and the court examines each ground separately. However, the conditions and the time limits of each ground must be satisfied separately.
If a tenant who pays the rent late pays the debt after the thirty-day notice, is eviction prevented?
Yes; if the debt is paid in full before the thirty-day period expires, the right of eviction under TBK m. 315 falls away; however, that payment does not retroactively affect the number of justified notices previously sent within the same lease year.
In eviction on the ground of two justified notices, does subsequent payment of the debt prevent the case?
No; the right of eviction under TBK m. 352/2 is based on two justified notices having been sent within the lease year; the fact that the tenant paid the debt after the notices does not prevent the eviction case that the landlord will file at the end of the lease year.
Table of Time Limits
| Period | How long | Start |
|---|---|---|
| Expiry of the ten-year extension period | 10 years | From the date on which the lease agreement actually began |
| Period for filing a case or commencing enforcement proceedings based on an undertaking to vacate | 1 month | From the arrival of the eviction date stated in the undertaking |
| Notice period for unpaid rent | 30 days | From service of the notice on the tenant |
Sources
Related Articles
- Compulsory Mediation in Commercial Cases: Scope, Time Limits, Final Report
- Eviction Case on the Ground of Need: Conditions and Proof
- The Statutory Limit on Rent Increases: The Difference Between Residential and Workplace in 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 own file. This article was 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
View the lawyer’s profile
