Last updated: 19 July 2026
On Which Legal Grounds Can a Tenant Be Evicted?
A residential or roofed-workplace tenant cannot be evicted merely because the landlord wants the property back or the fixed term has ended. Turkish law requires a statutory eviction ground and compliance with the procedure and deadlines specific to that ground. Common routes include non-payment of rent, a valid written eviction undertaking, two justified notices, genuine need of the landlord or new owner, reconstruction, breach of contract and the ten-year extension rule.
Landlords consulting an Antalya lawyer or a Serik lawyer should first identify the correct ground and collect the lease, bank records, notices, service documents, title record and any eviction undertaking. Using the wrong route may cause dismissal even when there is a genuine problem.
Eviction for Non-Payment of Rent
Where due rent is unpaid, the landlord may send a written default notice granting the statutory payment period. For residential and roofed-workplace leases, the tenant must be given at least thirty days to pay. If payment is completed within the period, eviction based only on that default may be prevented, although the late payment may still be relevant to a two-notice claim.
The landlord may instead start non-judgment enforcement for rent and eviction. The payment order generally gives the tenant seven days to object and thirty days to pay for residential and roofed-workplace rent. If the debt is not paid and the conditions are met, eviction may be requested from the enforcement court.
Eviction Based on a Written Undertaking
A tenant who, after delivery of the property, gives a written undertaking to vacate on a specific date may be subject to enforcement or a court action if the property is not vacated. The landlord must generally begin the relevant proceeding within one month after the promised date.
An undertaking signed together with the lease, signed blank, given before delivery or signed by an unauthorised person may create validity disputes. In a family home, the legal position of the tenant’s spouse should also be reviewed.
Eviction After Two Justified Notices
If the tenant causes two justified written notices by failing to pay two different rent instalments within the same lease year, the landlord may file an eviction action within one month after the end of that lease year. Payment before service of the notice may affect whether the notice is considered justified.
Two letters concerning the same accumulated debt do not necessarily create two justified notices. Each rent period, due date, payment and service date should be documented.
Comparison of Main Eviction Routes
| Ground | First step | Key timing issue |
|---|---|---|
| Non-payment | Written thirty-day period or enforcement with eviction request | Payment and objection periods begin with service. |
| Eviction undertaking | Enforcement or civil-court action | Generally within one month of the undertaking date. |
| Two justified notices | Two separate valid notices for different due rents | Action within one month after the lease year ends. |
| Landlord’s need | Prove genuine, sincere and necessary housing or workplace need | Filing period depends on the lease type and term. |
| New owner’s need | Written notice within one month of acquisition | Action after six months or at the end of the lease through the alternative route. |
| Ten-year extension | Notice at least three months before the end of the extension year | Applies after the statutory ten-year extension period. |
Eviction for the Landlord’s Genuine Need
The landlord may seek eviction where the property is genuinely and necessarily required for the landlord, spouse, descendants, parents or another person whom the landlord is legally required to support. The need must be real, sincere and continuing; a hypothetical wish or an attempt only to obtain higher rent is insufficient.
After eviction based on need or reconstruction, restrictions on re-letting and possible compensation to the former tenant may apply. The later use of the property should therefore be consistent with the reason stated in court.
New Owner’s Need
A person who acquires the leased property may notify the tenant in writing within one month after acquisition and file an action after six months where the statutory need exists. The new owner may also use the alternative route based on the end of the contractual period. Purchasing the property does not automatically terminate the lease.
Is Mandatory Mediation Required?
Lease-related court disputes are generally subject to mandatory pre-litigation mediation. The statutory exception concerns eviction through the non-judicial enforcement route under the Enforcement and Bankruptcy Law. The chosen route should therefore be classified before filing.
For the application procedure, see how to apply for mediation.
Competent Court and Evidence
The civil court of peace generally hears lease-related eviction actions. Relevant evidence may include the lease, title record, bank transfers, notices, service records, eviction undertaking and records proving genuine need. Where rent was allegedly paid in cash, written receipts become especially important.
What Happens After an Eviction Judgment?
The judgment must be placed into enforcement and an enforcement order served where compulsory eviction is required. Whether finalisation is necessary, whether postponement of enforcement can be requested and whether an appeal affects execution depend on the judgment and file. The landlord should not change locks or remove belongings without the enforcement office.
Frequently Asked Questions
Does the tenant automatically leave when the lease term ends?
No. In residential and roofed-workplace leases, expiry alone does not generally give the landlord an immediate eviction right.
Is one month of late rent enough for eviction?
The landlord must use a valid default notice or enforcement route and grant the statutory payment period. Timely payment may prevent eviction on that ground.
Can the eviction undertaking be signed on the same day as the lease?
The Code requires it to be given after delivery of the property. A same-day document may be subject to validity and proof disputes.
Is mediation required before an eviction lawsuit?
Generally yes for lease-related court actions. The statutory non-judicial enforcement eviction route is treated separately.
Can a new owner remove the tenant immediately?
No. The one-month notice and six-month action route, or the alternative based on the lease end, must be followed.
What happens if the tenant objects to the rent debt?
The enforcement proceeding may stop or the dispute may move to the enforcement court. The lease and payment records become central.
Can the landlord change the locks after winning?
No. Compulsory eviction must be carried out through the enforcement office under the lawful procedure.
Choosing the Notice, Enforcement or Court Route That Fits the Ground
Tenant eviction depends on the exact statutory ground and its deadline. Attorney Selin ÖNEM KONUR, through Likya Legal Consultancy, can review the lease, payment history, undertaking and mandatory-mediation requirement in the individual matter. For assistance, contact us.
This article provides general information about tenant eviction under Turkish law. The appropriate procedure and timing depend on the lease, ground, service and evidence.
