Eviction Under a Lease: How the Process Works

Termination of a lease, particularly for residential and roofed workplace premises, is governed by special provisions of the Turkish Code of Obligations. As a result, the assumption that a tenant must leave merely because the contractual term has expired is often incorrect.

1. Is expiry of the contractual term itself a ground for eviction?

In a fixed-term residential or roofed workplace lease, the tenant may terminate the agreement by giving the required notice before the end of the term. For the landlord, however, the mere expiry of the stated term does not generally create an automatic right to evict.

The statutory extension mechanism may continue the lease. After the relevant long-term extension period has elapsed, the landlord may in certain circumstances terminate without showing a separate ground, provided that the statutory notice requirements are met.

2. Main eviction grounds relating to the landlord

Eviction based on genuine need

Eviction may become relevant where the landlord has a genuine and necessary residential or workplace need for themselves, their spouse, descendants, ascendants or other persons whom they are legally obliged to support. The need must be real, sincere and necessary.

Reconstruction or substantial renovation

Reconstruction, redevelopment or substantial repair work that makes continued use of the premises impossible may also constitute a ground for eviction where the statutory conditions are satisfied. The nature and necessity of the planned works should be supported by concrete documents.

Need of a new owner

A person who acquires the leased property after the lease has been established may, subject to the statutory time limits and notice requirements, rely on their own or certain relatives' need for the premises. The acquisition date and the notice timetable are particularly important.

3. Main eviction grounds relating to the tenant

Written eviction undertaking

A written undertaking to vacate, given by the tenant after delivery of the premises and of their own free will, may provide a basis for eviction where the legal conditions are satisfied. The date of the undertaking, the agreed vacation date and the circumstances in which it was signed are frequently examined in disputes.

Two justified notices

If the tenant causes two justified notices within the same rental year by failing to pay rent on time, eviction by court action may become possible where the statutory requirements are met. The content of each notice and the rental period to which it relates are important.

Suitable dwelling owned by the tenant or spouse

Under the conditions specified by law, the existence of a suitable dwelling in the same locality owned by the tenant or the spouse living with the tenant may also become relevant. Whether the landlord knew of that dwelling when the lease was concluded must be considered separately.

4. Mediation and court proceedings

For many disputes arising from lease relationships, mandatory mediation may be required before court proceedings can be commenced. The correct procedural route nevertheless depends on the ground relied upon, whether enforcement proceedings have been initiated and the precise nature of the relief sought.

Before starting the process, it is therefore useful to review the lease, payment records, notices, any written eviction undertaking and, where relevant, documents supporting need, acquisition or reconstruction.

5. A practical checklist before taking action

• Start date and extension periods of the lease
• Whether the proposed eviction ground is recognised by law
• Notice and filing deadlines
• Validity of notices and service
• Payment records and bank receipts
• Documents supporting need, new ownership or reconstruction

Related practice area: Real Estate & Construction Law.

This article is provided for general information only and does not constitute legal advice for a specific matter. Each dispute should be assessed on its own facts and documents.