Tenant Eviction Lawsuit in Turkey: Reasons and Process ( 2026)

Introduction to Tenant Eviction

Turkish law provides strong protections for residential tenants. A landlord cannot evict a tenant at will—there must be a just cause (haklı neden) recognized by law. Understanding these grounds and the procedural requirements is essential for successful eviction.

This guide covers the lawful reasons for eviction and the step-by-step process under the Turkish Code of Obligations (TCO) No. 6098.

Just Causes for Eviction

1. Eviction Due to Personal Need (İhtiyaç)

The most common ground for eviction. The landlord can seek eviction if they, their spouse, children, parents, or legally dependent persons need the property.

Requirements:

• Need must be genuine, sincere, and mandatory (gerçek, samimi, zorunlu)
• Need must exist at the time of filing and continue through trial
• The court evaluates sincerity based on circumstances

Examples of Valid Need:

• Landlord faces eviction from their own home
• Child needs housing after marriage
• Parents need accessible housing due to health issues
• Landlord moving to the city for work

Three-Year Re-Rental Ban: If eviction is granted for need, the landlord cannot rent the property to someone else for 3 years. Violation results in:

• Compensation to the former tenant (typically 1 year’s rent)
• Potential criminal liability

Filing Deadline:

• Within one month after the lease extension date

2. Eviction Due to Two Valid Warnings (İki Haklı İhtar)

If the tenant defaults on rent payment twice within one rental year, and the landlord sends proper written warnings for each default, eviction can be sought.

Requirements:

1. Two separate late payments in the same rental year
2. Two separate written warnings (notary notice recommended)
3. Each warning must give the tenant time to pay
4. Warnings must specifically reference the late payment

Filing Deadline:

• Within one month after the end of the rental year in which the warnings were sent

Important:

• Even if the tenant pays after the warning, the warning remains valid
• Oral warnings or informal messages do not count

3. Eviction Undertaking (Tahliye Taahhütnamesi)

A written promise by the tenant to vacate by a specific date. This is the fastest eviction method if properly executed.

Requirements for Validity:

1. Must be in writing (signed by tenant)
2. Must be signed after the tenant takes possession (not at lease signing)
3. Must specify a definite vacation date
4. The tenant’s signature must be genuine

Process:

• If the tenant doesn’t vacate by the promised date
• Landlord can file eviction lawsuit within 1 month of that date
• Court generally grants eviction quickly if the document is valid

Common Invalidity Issues:

• Signed at the same time as the lease (deemed coerced)
• Undated or with uncertain date
• Contested signature authenticity

4. Ten-Year Extension Period

After the initial lease term plus ten years of automatic extensions, the landlord can terminate without any particular cause.

How It Works:

• Fixed-term lease expires, then automatically extends year by year
• After 10 extension years (approximately 11-12 years total)
• Landlord may give 3 months’ notice before any extension period
• No need to prove need or other just cause

Example:

• Lease starts January 2010 (1-year term)
• By January 2011, it starts extending
• After January 2021 (10 extensions), landlord can give notice

5. New Owner’s Need

When property is acquired by a new owner, they can seek eviction based on personal need with specific procedures:

Requirements:

1. Send notice to tenant within 1 month of acquisition
2. State that the new owner needs the property
3. File eviction lawsuit after 6 months from acquisition (or at the next lease extension date, whichever is later)

6. Reconstruction or Major Renovation

If the building will be demolished and rebuilt, or major renovation makes occupancy impossible:

• Must provide evidence of approved plans
• Building permit required in most cases
• May need to offer alternative accommodation
• Subject to strict court scrutiny

The Eviction Lawsuit Process

Pre-Lawsuit Requirements

1. Mandatory Mediation: As of September 2023, mediation is required before filing
2. Proper Notices: Ensure all required notices were sent and documented
3. Evidence Gathering: Collect lease, payment records, correspondence

Filing the Lawsuit

1. Court: Civil Court of First Instance (Asliye Hukuk Mahkemesi) or Peace Civil Court depending on the ground
2. Petition: State the eviction ground, attach evidence
3. Deadline: File within the applicable time limits

Court Proceedings

• Initial Hearing: Court examines evidence and petitions
• Discovery: Both parties present evidence
• Witness Testimony: If needed
• Decision: Court grants or denies eviction

Timeline

Stage	Typical Duration
Mediation	1-4 weeks
Filing to first hearing	2-3 months
Complete trial	6-12 months
Enforcement	1-2 months after judgment

Enforcement

If eviction is granted:

1. Judgment becomes final (after appeals or waiver)
2. Landlord applies to Enforcement Office
3. Tenant given notice to vacate
4. If tenant doesn’t leave, forced eviction with bailiff

Common Mistakes to Avoid

Landlord Mistakes

• Filing without mandatory mediation → Case dismissed
• Missing filing deadlines → Unable to use that ground
• Invalid eviction undertaking → Lawsuit fails
• Renting within 3 years after need-based eviction → Compensation liability

Tenant Mistakes

• Ignoring lawsuit → Default judgment against you
• Not responding to notices → Losing procedural rights
• Signing undated documents → Potential exploitation

Defenses for Tenants

Common tenant defenses include:

• Landlord’s need is not genuine
• Warnings for late payment were improperly served
• Eviction undertaking was signed under duress or at lease signing
• New owner didn’t provide proper notice

Legal Assistance: We handle eviction cases for both landlords and tenants, ensuring proper procedures are followed and rights are protected. Contact us for tenancy law expertise.

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