Lease and Eviction Law

For a guarantee to be valid in lease agreements, the guarantee agreement must be in writing, and the maximum amount for which the guarantor will be liable and the date of the guarantee must be written in the guarantor's own handwriting. In a joint and several guarantee, this status must also be stated in the guarantor's own handwriting. The absence of any one of these elements renders the guarantee invalid.

For a married person to become a guarantor, the written consent of their spouse is required. Consent must be given before the guarantee agreement is formed, or at the latest at the moment it is formed. Consent obtained afterward does not render the guarantee valid.

If the duration of the guarantee is not specified in the contract, the guarantor may withdraw from the guarantee under certain conditions. Whether the guarantor's liability continues when the lease agreement is automatically extended is determined by whether the guarantee text covers the extension periods.

It is not possible to give a single time frame. The duration varies according to the ground relied upon, the outcome of the mediation stage, the speed of service of process, witness and expert examination, and whether the decision is taken to appeal. Eviction through enforcement proceedings takes less time than the litigation route in cases where no objection is raised.

The main factors that extend the duration are the failure to complete service of process, incomplete preparation of the final mediation record, failure to raise the relevant ground in time, and failure to fully state the evidence in the statement of claim.

Correctly choosing, at the very outset, which ground to rely on is the decision that most affects the total duration. When an action filed on the wrong ground is dismissed, the forfeiture period for the correct ground has often already expired.

The last sentence of Article 347 of the Turkish Code of Obligations allows the landlord to terminate the contract without stating a reason. For this, the ten-year extension period must have elapsed, and notice must be given at least three months before the end of each extension year following that period.

In calculating this period, the original contract term is not included in the extension period. When ten years of extension have occurred following a one-year contract, that is, at the end of the eleventh year in total, this right arises. Notice must be given at least three months before that date.

The notice must be made in writing and its receipt must be provable. In practice, notice through a notary public is preferred. If notice is not given in time, the contract is extended for one more year, and the same right can only be exercised at the end of the following year.

Under Article 344/1 of the Turkish Code of Obligations, the parties' agreement on the rent to apply in renewed rental periods is valid provided it does not exceed the rate of change based on the twelve-month averages of the consumer price index for the previous rental year. Agreements above this rate are reduced to the upper limit.

If there is no agreement between the parties regarding the increase, under Article 344/2, the rent is determined by the judge on an equitable basis, taking into account the condition of the leased property, again without exceeding the same rate.

The index rate is announced every month by the Turkish Statistical Institute. Which month's data is to be used depends on the starting month of the rental year; therefore, when applying an increase, it is important to refer to the data for the correct period.

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As a rule, common expenses related to use belong to the tenant, and expenses relating to the main property belong to the landlord. Items such as heating, water, electricity, elevator operation, cleaning, and janitor expenses are the tenant's responsibility; items such as repair of the main structure, the facade, the roof, elevator renewal, and building insurance are the landlord's obligation.

Expenses arising from decisions taken by the assembly of unit owners that add value to the building cannot be demanded from the tenant. This distinction is one of the most frequently disputed matters in practice; for this reason, the item breakdown on the dues receipt carries importance.

The unit owner may also be held liable to the management for common expenses not paid by the tenant. The unit owner may then recover the amount paid from the tenant. Even if the contract provides otherwise, this liability toward the management does not disappear.

Mandatory earthquake insurance belongs to the owner of the property. Other insurance relating to the building and the main structure is likewise, as a rule, the landlord's obligation. If it is to be imposed on the tenant, this must be expressly agreed in the contract; however, the prohibition on provisions to the tenant's detriment sets the limit for such clauses.

Contents insurance that the tenant takes out for their own belongings is a separate matter and is entirely up to the tenant's choice. Liability coverage for damage that may be caused to a neighbor is also considered within this scope.

In events such as flooding or fire, from whom the damage is to be claimed is determined by the source of the event. In malfunctions originating from the main structure, liability falls on the landlord; in events arising from the tenant's use, it falls on the tenant.

In lease agreements with a term longer than five years, or renewed after five years, the rent is not limited to the index alone. In this case, the judge determines an equitable rent by jointly evaluating the rate of change in the index, the condition of the leased property, and comparable rental prices.

This determination is made through an action for determination of the rent. The action is filed to have the rent determined so that it applies from the start of the period, and the location, age, and condition of the leased property are compared with the rents of similar properties in the vicinity through a court-appointed expert examination.

In the comparable-property research, the street or neighborhood where the property is located, its gross and net area, the age of the building, the floor, and the intended use are taken into account. For this reason, whether the list of comparable properties submitted to the file is genuinely selected from properties of a similar nature directly affects the outcome.

An action for determination of the rent can be filed at any time. However, from which period the new rent will apply depends on the date the action was filed and the notice given to the other party. If notice has been given at least thirty days before the start of the new period, or if the action has been filed within that period, the determined rent applies from the start of the new period.

If the contract contains a provision that the rent will be increased in the new rental period, the rent determined as a result of an action filed without the notice requirement also applies from the start of the new period.

An action for determination of the rent is not an eviction action. The tenant is not removed; only the rent to be paid is redetermined. For this reason, in lease relationships that have continued for a long time at a low rent, the determination route should be considered instead of eviction.

If the tenant does not pay the rent, the landlord may serve a formal notice in residential and roofed workplace leases giving at least thirty days for payment to be made. If payment is not made within this period, termination of the contract and eviction may be sought. The notice must clearly state the time limit and that the contract will be terminated if payment is not made.

The second route is enforcement proceedings. The landlord initiates proceedings without a judgment for the rent receivable and sends a payment order requesting eviction. If the tenant does not object within the time limit and does not pay, an eviction decision may be requested from the enforcement court.

Which route is chosen is determined by the amount of the receivable, the likelihood of the tenant objecting, and the importance of time. The enforcement route is generally faster, but if the tenant objects, the process moves to the enforcement court.

The point where the eviction process most often gets stuck is service of process. If the formal notice or statement of claim does not reach the tenant, the process cannot move forward. Writing an address for service into the contract and requiring that any change of address be notified in writing reduces this risk.

If a change of address has not been notified, service made to the address written in the contract can be considered valid. This clause is decisive particularly with respect to tenants who leave the property without a trace.

Fully entering the tenant's identity and contact information into the contract serves the same purpose. A contract without an identity number makes address research more difficult at the enforcement proceedings stage.

Cleaning and maintenance expenses required for the ordinary use of the leased property belong to the tenant. Substantial repairs needed to keep the leased property fit for use, however, are the landlord's obligation.

If the tenant has carried out a repair that was the landlord's obligation, they may claim the necessary expenses incurred. For beneficial expenses, they may claim in proportion to the increase in the value of the leased property. Expenses considered luxury expenditures cannot, as a rule, be claimed.

The tenant also has the right to remove and take away fixtures they installed; however, exercising this right does not eliminate the obligation to restore the leased property to its previous condition. If the contract provides otherwise, the contract applies first.

The burden of proving that the rent has been paid lies with the tenant. Rent payments exceeding five hundred Turkish lira must be made through a bank or the PTT (postal service); this rule was introduced to make proof easier.

If it is claimed that payment was made in cash, a signed receipt, a written statement from the landlord, or mutual correspondence can be used as evidence. As a rule, witness testimony alone is not considered sufficient.

When making payment through a bank, it is important to note in the description field which month the payment relates to. Payments made without a description can become a matter of dispute, with the landlord claiming that the payment was applied to an older debt.

If, at the time of delivery or afterward, the leased property is not fit for the use contemplated in the contract, the tenant may request that the landlord remedy the defect, reduce the rent, and compensate the resulting damage. If the defect is significant, the tenant may terminate the contract.

The tenant must first notify the landlord of the situation and allow a reasonable period of time. If the defect is not remedied within this period, the tenant may remedy the defect themselves and deduct the cost from the rent. Dampness, water leaks, lack of heating, and electrical wiring problems are the defects most commonly seen in practice.

To prove the existence of the defect and that it has not been remedied, obtaining a determination is recommended. A determination of evidence requested from the civil court of peace creates a concrete record that can serve as the basis for an expert report at a later stage.

The court with subject-matter jurisdiction over disputes arising from a lease relationship is the civil court of peace. This covers eviction, determination of the rent, rent receivables, and security deposit refund actions. The court with territorial jurisdiction, as a rule, is the court of the place where the property is located.

In İzmir, lease disputes are heard at the civil court of peace at the courthouse of the district where the property is located. If the property is within the boundaries of Karşıyaka, the action is filed in Karşıyaka; if within Bornova, it is filed in Bornova.

In eviction through enforcement proceedings, an objection moves the dispute to the enforcement court. If the division of jurisdiction between these two routes is not correctly established from the start, the file is returned for lack of jurisdiction and time is lost.

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Leasing residences on a daily or weekly basis for tourism purposes is subject to special regulation and requires obtaining a permit. In buildings subject to condominium ownership, the permit is, as a rule, conditional on a unanimous decision by all unit owners.

Tourism-purpose rentals made without a permit are subject to an administrative fine. In case of repetition, the amount of the fine increases, and suspension of the activity may come into question.

A tenant subjecting a residence leased under an ordinary lease agreement to daily rental constitutes a violation of both the permit requirement and the prohibition on sublease. This situation may be considered a just cause for termination on the landlord's part.

As a rule, yes. A tenant who leaves a fixed-term contract before the term expires continues to be liable for the rent until the end of the contract term, or for the reasonable period until the property is re-leased under similar conditions.

If the tenant presents a new tenant who is able to assume the obligations arising from the contract, has the capacity to pay, and can reasonably be expected to be accepted by the landlord, the tenant's liability ends as of that date. The landlord cannot reject this tenant without just cause.

In practice, fixed amounts inserted into the contract under the name of early departure compensation are frequently a matter of dispute. Provisions that exceed the landlord's actual damage and fall under the prohibition on terms to the tenant's detriment may be considered invalid.

Enforcement proceedings without a judgment are conducted for a rent receivable. In the request for proceedings, the months to which the receivable relates and the lease agreement are clearly indicated. If eviction is also sought, the proceedings are opened with an eviction request, and a special payment order is served on the tenant.

The tenant may object to the payment order either on the debt or on the lease agreement. If the lease agreement is objected to, the dispute is subjected to a separate examination as to the existence of the contract.

If payment is not made in time and no objection is raised, the proceedings become final, and eviction can be requested from the enforcement court. This route generally produces a faster result than the litigation route.

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When an application is made to the enforcement office based on a written undertaking to vacate, an eviction order is sent to the tenant. The tenant may object, within seven days of service of the eviction order, to the signature on the undertaking or to its date. If no objection is raised and the property is not vacated within the time given, the enforcement office carries out the eviction.

If the signature is objected to, the dispute is moved to the enforcement court and a signature examination is conducted. If the date is objected to, whether the undertaking was drawn up after the delivery of the leased property is examined. This examination is the stage that determines the fate of the file.

A choice can be made between the enforcement route and the litigation route; however, in both routes it is mandatory to observe the one-month period starting from the vacating date stated in the undertaking. If no action is taken within this period, the undertaking becomes void.

The death of the tenant does not automatically terminate the lease agreement. The contract passes to the heirs. However, the heirs may terminate the contract for the end of the nearest termination period by complying with the statutory notice period for termination.

In residential leases, there is special protection for the spouse and children who lived with the tenant in the same dwelling. These persons hold a priority position in continuing the lease relationship.

If the landlord dies, the contract likewise continues, and the heirs acquire the status of landlord. If eviction is to be sought, a claim of need must be separately evaluated with respect to the heirs.

The tenant is obligated to use the leased property with care and to show respect toward neighbors. If a violation of this obligation continues, the landlord, in residential and roofed workplace leases, serves a written formal notice giving at least thirty days for the violation to be remedied.

If the violation is not remedied within the time given, the contract may be terminated. In cases such as the tenant intentionally causing serious damage to the leased property, immediate termination by written notice is possible without the need to give a time period.

In buildings subject to condominium ownership, other unit owners may also take direct action. In the case of use contrary to the management plan or the decisions of the assembly of unit owners, an action may also be filed against the tenant.

What determines the outcome of a file is often the completeness of the documents. The original lease agreement, the undertaking to vacate if any, all payment receipts, formal notices sent and their service annotations, the land registry record, dues receipts, and photographs showing the condition of the property at the time of delivery should be kept ready.

It is important for the description field on payment receipts to show which month the payment relates to. Payments without a description can be opened to dispute by the other party's claim that they were applied to an older debt.

It is appropriate to go into the mandatory mediation stage with these documents as well. Even if an agreement is not reached, the other party seeing the documents in the file often increases the likelihood of settlement at a later stage.

No. Under Article 347 of the Turkish Code of Obligations, in residential and roofed workplace leases, unless the tenant gives notice at least fifteen days before the end of a fixed-term contract, the contract is deemed extended for one year under the same conditions. The landlord cannot terminate the contract on the ground that its term has expired.

This rule provides one-sided protection in favor of the tenant. The fact that the contract states a one-year term does not mean the tenant can be removed at the end of that year. This is the most common misunderstanding encountered in practice.

In leases of indefinite duration, the tenant may terminate the contract at any time, while the landlord may terminate it by giving notice under the general provisions only after ten years have passed since the start of the lease.

Under Article 352/2 of the Turkish Code of Obligations, if, in lease agreements of one year or longer, the tenant has caused two justified formal notices to be served in writing for not paying the rent within a single rental year, the landlord may terminate the contract through litigation within one month from the end of the rental year in which the notices were given.

The notices must be justified, that is, they must relate to a rent that has genuinely become due and remains unpaid. Repeated notices concerning the same month are counted as a single notice. The notices must be in writing, and their receipt by the tenant must be provable.

The one-month period for filing the action is a forfeiture period. It runs from the end of the rental year, and if it is missed, an action cannot be filed relying on the same notices; two justified notices must be given again in a new rental year.

Under Article 352/1 of the Turkish Code of Obligations, if the tenant, after the leased property has been delivered, has undertaken in writing to the landlord to vacate it on a specific date but fails to do so, the landlord may terminate the contract within one month from that date by applying to enforcement or filing a lawsuit.

The phrase after delivery in the article is decisive. Undertakings taken at the same time as, or before, the contract are considered invalid. In practice, this is the most common reason undertakings to vacate are found invalid.

The undertaking must be in writing, the vacating date must be definite or determinable, and it must be signed of the tenant's free will. If action is not taken within the one-month period, the possibility of relying on the undertaking is lost.

Yes. Under Article 350 of the Turkish Code of Obligations, if the landlord has a genuine need to use the leased property as a residence or workplace for themselves, their spouse, their descendants, their ascendants, or other persons they are legally obligated to support, they may terminate the contract through litigation.

The need must be real, genuine, and necessary. The court examines the existence of the need through concrete evidence; an abstract statement is not considered sufficient. For example, a claim of need by a landlord who owns another residence and lives there is scrutinized more strictly.

After the eviction has taken place, the property cannot, without just cause, be leased to anyone other than the former tenant. Acting contrary to this prohibition gives rise to liability for compensation in favor of the former tenant.

A sale does not automatically terminate the lease agreement. The new owner becomes a party to the contract. However, under Article 351 of the Turkish Code of Obligations, a person who subsequently acquires the leased property may request eviction if they have a genuine need to use it for themselves, their spouse, their descendants, their ascendants, or persons they are obligated to support.

For this, the situation must be notified to the tenant in writing within one month from the date of acquisition, and the action must be filed six months after the date of acquisition. If notice is not given, this route cannot be used.

If the new owner wishes, they may also file the action within one month from the end of the contract term, without giving this notice. Which route is chosen is determined by the relationship between the date of acquisition and the contract period.

If substantial repair, expansion, or alteration of the leased property is necessary for the purpose of reconstruction or redevelopment, and the use of the property becomes impossible during these works, the landlord may terminate the contract through litigation.

Simple repair or renovation that does not prevent use is not covered by this. The court generally examines the matter through the permit, the project, and a technical report; the nature of the work is assessed by a court-appointed expert.

The new structure built after the eviction cannot be leased to anyone else for three years without first being offered to the former tenant. Violation of this rule gives rise to liability for compensation.

Under Article 352/3 of the Turkish Code of Obligations, if the tenant or the spouse they live with has a dwelling suitable for habitation within the boundaries of the same district or town municipality, and the landlord was unaware of this when the contract was formed, eviction may be sought through litigation within one month from the end of the contract.

The dwelling must be suitable for habitation. A property that is unusable, already leased to someone else, or one the tenant cannot use alone due to co-ownership does not satisfy this condition.

The landlord must prove that they were unaware of this situation when the contract was formed. If the contract contains a statement that the tenant has no other dwelling, this proof becomes easier.

The absence of a written contract does not mean there is no lease relationship. A lease agreement is not subject to a required form; its existence can be proven through payment receipts, witness statements, and correspondence. In this case too, eviction can only be sought based on the reasons listed in the law.

The situation is different for a person who uses the property without relying on any legal relationship at all. In this case, the owner may file an action to prevent the interference and to claim ecrimisil (compensation for unauthorized use). Ecrimisil is compensation for the loss suffered during the period of unauthorized use.

The distinction between the two situations must be made correctly. An action to prevent interference filed while a lease relationship exists is dismissed; an eviction action filed where no lease relationship exists likewise fails to achieve its purpose.

In residential and roofed workplace leases, the security deposit can be at most three months' rent. If the security is given in cash, it is deposited into a time deposit account at a bank so that it cannot be withdrawn without the tenant's consent; if given as a negotiable instrument, it is deposited with the bank.

The bank can return the security only with the consent of both parties, upon the finalization of enforcement proceedings, or based on a court decision. The landlord cannot withdraw this amount alone.

If, within three months from the end of the lease agreement, the landlord has not notified the bank in writing that they have filed a lawsuit against the tenant related to the lease agreement, or have initiated enforcement or bankruptcy proceedings, the bank is obligated to return the security to the tenant upon the tenant's request.

Yes. Except for the provisions on the eviction of leased properties through enforcement proceedings without a judgment, applying to a mediator before filing suit is a procedural prerequisite in disputes arising from a lease relationship. An action filed without applying to a mediator is dismissed on procedural grounds.

If the mediation process results in an agreement, the agreement document prepared acquires the status of a court judgment once an enforceability annotation is obtained. If no agreement is reached, a final record is drawn up, and this record must be attached to the statement of claim.

The scope of mandatory mediation covers all claims such as eviction, determination of the rent, rent receivables, and common expense receivables. The only route left outside this scope is eviction through enforcement proceedings without a judgment.

Payment of part of the rent does not mean the entire debt has been paid. A short payment does not eliminate default; the landlord may send a formal notice for the remaining part and, if the conditions are met, may seek eviction for default.

A tenant who does not accept the increase and continues to pay the old rent is likewise considered to be making a short payment. In this case, the landlord has two routes to choose from: initiating enforcement proceedings for the difference, or filing an action for determination of the rent. If eviction is sought directly, the dispute is assessed as relating to the increase rate.

For the tenant, the safe route, rather than avoiding payment of the disputed amount, is to deposit it at the bank as rent or to make the payment through a court-designated place of deposit. This way, the dispute can continue without falling into default.

Residential and roofed workplace leases are, to a large extent, subject to the same provisions. Grounds for eviction, the increase limit, and notice periods apply the same way to both. The distinction arises in leases of unroofed workplaces, which are subject to the general provisions on lease.

In workplace leases, the matters of transfer and sublease additionally carry importance. The tenant cannot transfer the leased property to another party without the landlord's written consent; in workplace leases, the landlord cannot refuse to give this consent without just cause.

When a business is transferred, the transfer of the lease agreement also comes into question. The transferring tenant remains jointly and severally liable together with the transferee for a certain period from the date of transfer. This liability is often overlooked.

No. A lease agreement is not subject to a required form; it can also be validly formed orally. However, a written contract carries great importance for purposes of proof. When items such as the rent, term, increase rate, security deposit, and fixtures are not in writing, proving them is left to witnesses and payment records.

The items recommended to be included in a written contract are: the parties' identity and contact information, the full address and characteristics of the property, the lease start date and term, the monthly rent and payment date, the bank account into which payment is to be made, the basis for increases, the deposit amount and refund conditions, the sharing of ancillary expenses, the list of fixtures, and the addresses for service of process.

Having every page of the contract signed by the parties prevents later claims that a page was replaced. Attaching the fixtures list together with photographs also substantially reduces disputes over damage at the eviction stage.

No. The leased property is in the tenant's use throughout the term of the contract and falls within the scope of the inviolability of the home. Even if the landlord holds a key, entering without the tenant's consent is unlawful and may give rise to criminal liability.

The landlord has the right to show the leased property and to carry out necessary repairs. However, for this, reasonable advance notice must be given to the tenant, and a time the tenant finds suitable must be arranged.

Forcing the tenant out through de facto means such as changing the lock or cutting off electricity or water is likewise unlawful. Eviction can only be carried out through a court decision and enforcement proceedings.

Yes, and this is often the fastest route. The parties can end the lease relationship by mutual agreement. The agreement should be made in writing, clearly stating the eviction date, any amount to be paid, and the fate of the security deposit.

If the agreement is made during the mandatory mediation stage, the agreement document prepared acquires the status of a court judgment once an enforceability annotation is obtained. If the tenant does not comply with the undertaking, it can be directly referred to enforcement, and there is no need to also file a lawsuit.

This route is advantageous compared to litigation in terms of both time and expense. In files where the ground for eviction is particularly disputed, it is appropriate to first assess the possibility of reaching an agreement.

Receivables relating to periodic performances such as rent are subject to a five-year limitation period. The period begins to run separately from the date each month's rent becomes due.

Limitation is not taken into account by the judge on their own motion; it must be raised by the debtor as a defence. In proceedings brought for a time-barred receivable, if the debtor does not raise a limitation objection, the proceedings continue.

The limitation period is interrupted and begins to run again in cases such as the filing of a lawsuit, the initiation of enforcement proceedings, or the debtor's acknowledgment of the debt. Partial payment may also be considered an acknowledgment and therefore interrupts the limitation period.

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If eviction has taken place on the ground of need, the property cannot, without just cause, be leased to anyone other than the former tenant until three years have passed. In eviction on the ground of reconstruction and redevelopment, the new structure cannot be leased to anyone else for the same period without first being offered to the former tenant.

A landlord who acts contrary to this prohibition is obligated to pay the former tenant compensation of not less than one year's rent as paid in the last rental year.

Selling the property during the prohibited period does not eliminate this liability. In practice, properties advertised shortly after eviction become the subject of litigation on this point.

The tenant is obligated to use the leased property with care and to show respect toward neighbors. Wear resulting from ordinary use cannot be attributed to the tenant; conversely, the tenant is liable for damage arising from careless use.

Recording the condition of the property at the time of delivery is the only reliable way to make this distinction. Dated photographs and a fixtures list attached to the contract protect both the tenant and the landlord at the eviction stage.

Changes and renovations made by the tenant to the leased property require the landlord's written consent. For changes made without obtaining consent, the landlord may request that the leased property be restored to its previous condition.

In residential leases, the tenant cannot sublease the leased property to another party or transfer the right of use without the landlord's written consent. In workplace leases, however, the rule is different; the landlord cannot refuse to give consent without just cause.

In a sublease relationship, the principal tenant continues to be liable to the landlord as if the property were still in the principal tenant's own use. The principal tenant is also liable for damage arising from the subtenant's fault.

A sublease made without obtaining consent may constitute a just cause for termination on the landlord's part. For this reason, particularly in business transfers, obtaining written consent and documenting the transfer with a contract is important.

Ecrimisil is the compensation for unauthorized use that a person who uses a property without relying on any right must pay to the owner. It also arises in respect of a former tenant who fails to vacate the property even though the lease relationship has ended.

In the calculation, the location of the property, its nature, the manner of use, and comparable rental prices are taken as the basis. For a user acting in bad faith, the claim may also be determined based on the probable income that could be obtained from the property.

A claim for ecrimisil is limited retroactively to a certain period. For this reason, acting without delay from the date the unauthorized use is discovered directly affects the amount that can be claimed.

In residential and roofed workplace leases, there is a prohibition on provisions to the tenant's detriment. Agreements imposing on the tenant a payment obligation beyond the rent and ancillary expenses are invalid. In particular, clauses providing for a penalty in the event the rent is not paid on time, or stating that future rent installments will become due at once, are considered invalid.

As for ancillary expenses, the rule is that expenses related to the use of the leased property belong to the tenant, while expenses relating to the property itself belong to the landlord. Building insurance, property tax, and costs relating to the main structure belong to the landlord.

An invalid clause in the contract does not, as a rule, invalidate the entire contract. Only that clause is not applied, and the statutory provision takes its place.

After the eviction decision becomes final, an application can be made to the enforcement office to have the eviction carried out by force. The enforcement office gives the tenant a period of time; if the property is not vacated within this period, eviction is carried out with the assistance of law enforcement.

The belongings found on the property are recorded in a report and delivered to the tenant. If they are not received, the belongings are placed in safekeeping in a suitable location, with the cost charged to the debtor.

If a third party is living on the property during the eviction, the situation is different. If this person claims to rely on a right independent of the tenant, a separate examination must be conducted at the enforcement court.

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In residential and roofed workplace leases, a tenant cannot be evicted except for the reasons listed in the law. The Turkish Code of Obligations No. 6098 groups these reasons under two headings: reasons arising from the landlord and reasons arising from the tenant. Apart from these, the mere expiration of the contract term is not by itself a ground for eviction.

Reasons arising from the landlord are need, reconstruction and redevelopment, and the need of a new owner. Reasons arising from the tenant are a written undertaking to vacate, two justified formal notices, and the tenant having a dwelling suitable for habitation within the boundaries of the same district or town municipality. In addition, where the rent is not paid, eviction is possible through default.

Each reason has its own time limit, form of notice, and burden of proof. In practice, most rejections of eviction requests are based not on the merits but on a failure to meet a time limit or procedural requirement. For this reason, which ground will be relied upon and how the timeline will run must be determined from the outset.