How to Send a Legal Notice — Process, Content and Legal Consequences

How to Send a Formal Notice (İhtarname) — Process, Content, and Legal Effects

A formal notice (ihtarname) is a written notification sent through a notary by which a person formally communicates a legal demand, warning, or announcement to the other party. In the Turkish legal system, the formal notice plays a critical role in initiating many legal processes and preventing loss of rights. In this article we examine in detail the process of sending a formal notice, its content, costs, and legal effects.

What Is a Formal Notice and What Statutory Provisions Govern It?

A formal notice (ihtarname) is an official document sent through a notary by which a person notifies another person of a matter, issues a warning, or makes a demand. It is regulated under Articles 60 et seq. of Law No. 1512 on Notaries (Noterlik Kanunu) and in various provisions of Law No. 6098 — the Turkish Code of Obligations (Türk Borçlar Kanunu — TBK).

A formal notice is a legal act; it does not by itself constitute an action or enforcement proceedings. However, it forms the prerequisite for many legal processes. For example, pursuant to Article 117 of TBK, as a rule the creditor must send a formal notice to place the debtor in default (temerrüt). In landlord-tenant law, serving a notice of eviction (tahliye ihtarnamesi) on the tenant is a prerequisite for certain eviction actions.

The concepts of formal notice (ihtarname) and notice (ihbar) are sometimes confused. An ihbar is a notification that may be given in any form — by letter, e-mail, or orally. An ihtarname is a formal notification made through a notary, with a high evidentiary value. For this reason, where notifications intended to produce legal effects are concerned, sending a formal notice is recommended.

How Does One Apply to a Notary to Send a Formal Notice?

To send a formal notice, it is sufficient to apply to any notary, have the notice text prepared, or present a ready-made text. Pursuant to Article 72 of the Notaries Law (Noterlik Kanunu), the notary carries out the notice procedure and sends it to be served on the other party through the PTT (postal service), and notifies the sender of the outcome of service.

The process of sending a formal notice consists of the following steps: First, the notice text is prepared. The text must contain the identity information of the sender and the addressee, the subject, the demands, and the legal bases. In the second step, the notary is visited and an identity document is presented. The notary reviews the text and assesses its legal adequacy. In the third step, the notary registers the notice and sends it to the addressee's address by notification (tebligat).

It is not necessary to be a lawyer to send a formal notice. Every natural and legal person may send a formal notice in person or through their representative. However, for the legal effects of the notice to be correct and complete, it is of great importance for the notice to be prepared by a lawyer, or at a minimum to be reviewed by one.

Service of the formal notice is carried out in accordance with the provisions of Law No. 7201 on Notifications (Tebligat Kanunu). Service is made to the addressee's known address through the PTT. If the addressee is not found at the address, service may be made to a neighbour or the building caretaker pursuant to Article 21 of the Notifications Law. The precise determination of the date of service is critical for the legal effects of the notice to materialise.

What Elements Should Be Included in the Content of a Formal Notice?

The content of a formal notice must include the name, surname, Turkish identification number, and address of the sender and the addressee; the subject of the notice; a summary of the events; the legal basis; and the demand and conclusion sections. It is essential for the notice to be drafted in clear, precise, and understandable language for its legal effects to fully materialise.

Points to bear in mind when drafting the notice text include: offensive or degrading language must be avoided; otherwise a criminal investigation under Article 125 of the Turkish Criminal Code (TCK) for insult (hakaret) may be initiated against the sender. Demands must be concrete and measurable — for example, the amount of the receivable, the time period, and the act requested must be clearly stated. References must be made to the applicable statutory periods, and the legal avenues to be pursued if the addressee fails to act within those periods must be stated.

An example structure for a formal notice could be: The heading “FORMAL NOTICE” (İHTARNAME), followed by information about the sender and addressee, then a brief summary under the heading “SUBJECT” (KONU), followed by a chronological account of events under “EXPLANATIONS” (AÇIKLAMALAR), the relevant statutory provisions under “LEGAL BASIS” (HUKUKİ DAYANAK), and specific demands and the statutory period under “DEMAND AND CONCLUSION” (TALEP VE SONUÇ).

What Are the Legal Effects of a Formal Notice as Regards Default and Commencement of Periods?

A formal notice produces important legal effects including placing the debtor in default (temerrüt), commencing statutory periods, making a declaration of termination, and serving as a means of proof. Pursuant to Article 117(1) of TBK, the debtor of a due and payable debt is placed in default by the creditor's notice, and default interest begins to run from that date.

Default aggravates the legal consequences of the debtor's failure to perform their obligation. Pursuant to Article 118 of TBK, a debtor in default may also be held liable for damage arising from unforeseeable events. In monetary obligations, default interest runs from the date of default. According to Article 2 of Law No. 3095 on Statutory Interest and Default Interest (Kanuni Faiz ve Temerrüt Faizine İlişkin Kanun), the default interest rate is 24% per annum [TO BE VERIFIED]. In commercial transactions, the advance rate determined by the Central Bank of Turkey (TCMB) applies.

In landlord-tenant law, pursuant to Article 352(2) of TBK, a formal notice is the prerequisite for filing an eviction action against a tenant who has been the subject of two justified notices within one lease year. A formal notice sent to a tenant who has not paid the rent grants a 30-day payment period, and if payment is not made within that period an eviction action may be filed (Article 315 of TBK). The 30-day period begins from the date of service of the formal notice.

In employment law, the employer's formal notice may constitute a warning given to the employee and may satisfy the warning requirement that must be met before justified termination. An employee also sending a formal notice to the employer before justifiably terminating the employment contract constitutes strong evidence for proving their rights claim.

Is It Mandatory to Respond to a Formal Notice and How Is a Response Given?

Although responding to a formal notice is not a statutory obligation, failure to respond may produce certain legal consequences. In particular, it may be assessed that the claims in the notice have been tacitly accepted. For this reason, it is recommended to send a response notice (cevap ihtarnamesi) through a notary in reply to the formal notice.

Points to bear in mind when responding to a formal notice are: the response notice must also be sent through a notary. The response text must address the other party's claims point by point, set out the legal defence, and state any counter-claims. While there is no general statutory provision on the response period, it is recommended that a response be given within a reasonable time.

The legal significance of a response notice is that it may be used as a means of proof in any action that may subsequently be filed. Responding to a formal notice in a timely and appropriate manner is valuable in demonstrating the addressee's good faith and willingness to resolve the dispute through settlement. Courts consider formal notices and response notices as evidence.

How Much Does It Cost to Send a Formal Notice and What Are the Expenses?

The cost of sending a formal notice consists of the notary fee, notification expenses, and paper costs. As of 2026, the average cost of a formal notice ranges from [TO BE VERIFIED] TL to [TO BE VERIFIED] TL. Costs increase as the number of pages and the number of addressees increase.

Formal notice costs are determined pursuant to Law No. 492 on Fees (Harçlar Kanunu) and the Notary Fee Schedule. These schedules, updated annually at the revaluation rate, are announced by the Ministry of Justice. For notices sent to multiple addressees, a separate notification expense is paid for each addressee.

It is possible to send a formal notice under the legal aid scheme. Pursuant to Articles 334 et seq. of the Code of Civil Procedure (HMK), persons who lack sufficient financial means may apply for legal aid and be exempt from notary costs. To do so, a legal aid decision must be obtained from the relevant court.

In What Circumstances Should a Formal Notice Be Sent?

A formal notice should be sent in circumstances where it is legally mandatory and where it is intended to strengthen evidentiary value. Mandatory notice circumstances include placing the debtor in default (Article 117 of TBK), notification to a tenant where rent has not been paid (Article 315 of TBK), a warning before termination of an employment contract, and notification of shared building costs in condominium law.

Circumstances where sending a formal notice is recommended include: a final warning to the debtor in debt collection; a declaration of contract termination; notification of a defective good or service (Article 223 of TBK — the buyer's obligation to notify the seller of defects); problems arising from neighbourhood law; disputes in condominium ownership; and eviction of immovable property. The formal notice will constitute strong evidence in any action subsequently filed.

There are also circumstances where sending a formal notice is not mandatory. Pursuant to Article 117(2) of TBK, if the day on which the obligation is to be performed has been jointly agreed, or if one of the parties has fixed the date pursuant to a right reserved in the contract, the debtor falls into default upon the passing of that day without any notice being required. Similarly, in obligations arising from wrongful acts, default also occurs without the need for a notice.

What Happens If a Formal Notice Cannot Be Served?

If a formal notice cannot be served on the addressee, its legal effects do not materialise. For service to be valid, it must be carried out in accordance with the provisions of Law No. 7201 on Notifications (Tebligat Kanunu). If the addressee is not found at the address, the notice is left with a neighbour or the neighbourhood head and a notification slip (haber kağıdı) is affixed to the door.

Various solutions exist for a formal notice that cannot be served. If service cannot be carried out because the addressee has changed address, the address may be investigated and the notice re-sent to the new address. Service to the Mernis (Central Civil Registration System) address is also possible. If all these avenues are exhausted, service by advertisement (ilanen tebligat) may be resorted to, although in practice this is a method rarely used for formal notices.

Pursuant to Article 21(2) of the Notifications Law, service may be made to the addressee's address in the address registration system (Mernis). Service made to this address is accepted as valid even if the addressee does not in fact reside at that address. Court of Cassation (Yargıtay) decisions also confirm that service made to the Mernis address is valid.

Final note: This content is for general informational purposes only and does not constitute legal advice.