Tenant Eviction Action — Grounds, Process and Notice Requirements

Eviction of Tenant — Grounds, Process and Notice Requirements

An eviction action (kiracı tahliye davası) is a type of action in which the landlord (kiraya veren) seeks a court order for the removal of the tenant (kiracı) from the property on the basis of specific statutory grounds. The grounds for termination of a tenancy agreement, regulated in Articles 347–356 of the Turkish Code of Obligations (Türk Borçlar Kanunu — TBK), form the legal foundation for eviction actions. The principle of tenant protection is firmly established in Turkish law, and a landlord may only request eviction on grounds expressly and exhaustively listed in the statute. This article comprehensively covers the grounds for an eviction action, the notice requirement, the process of the action, and eviction through enforcement proceedings.

On What Grounds Can a Tenant Eviction Action Be Brought?

A tenant eviction action may be brought only on the grounds exhaustively listed in TBK Articles 350–352. These grounds may be grouped as: the landlord's personal need, the new owner's personal need, reconstruction or renovation of the property, breach of the tenant's undertaking, two justified notices, and an eviction pledge (tahliye taahhüdü).

A landlord may terminate a tenancy agreement and evict the tenant only where the statutory grounds exist. In accordance with the principle of tenant protection, even after a tenancy agreement has expired the tenant may continue to occupy the property. Under TBK Art. 347, a fixed-term tenancy agreement does not automatically terminate at the end of the term; unless the landlord gives notice at least three months before the end of the term, the agreement is deemed to have been extended for a further year on the same terms.

How Is an Eviction Action Based on the Landlord's Personal Need Brought?

An eviction action based on personal need (ihtiyaç nedeniyle tahliye davası) is brought under TBK Art. 350/1 where the landlord requires the property for use as a home or workplace for the landlord personally, the landlord's spouse, lineal descendants or ascendants, or persons whom the landlord is legally required to maintain. The need must be genuine, sincere, and compelling; the court investigates whether these conditions are present.

According to the established case law of the Court of Cassation (Yargıtay), in assessing whether the need is sincere, the landlord's existing housing or workplace situation, family structure, health condition, employment circumstances, and the characteristics of the property for which eviction is sought are all evaluated together. The fact that the landlord lives in another property or has a vacant property does not by itself mean that the need is not sincere; however, these circumstances are carefully examined by the court.

As regards timing in an eviction action based on personal need, for fixed-term agreements the action must be brought within one month of the end of the term. For indefinite-term agreements, the action is brought in compliance with the termination periods and termination notice requirements. Under TBK Art. 353, if the landlord sends a notice to the tenant within the period for bringing the action, the period for bringing the action is extended to the end of the rental year.

What Are the Conditions for an Eviction Action Based on Two Justified Notices?

An eviction action based on two justified notices (iki haklı ihtar nedeniyle tahliye davası) is brought under TBK Art. 352/2 where the tenant has been given two written justified notices within one rental year or over a period exceeding one rental year for failure to pay the rent. This action must be brought within one month of the end of the rental year in which the notices were given.

For the condition of two justified notices to be satisfied, both notices must relate to rent for separate months. Two notices given in respect of the rent for the same month do not satisfy the condition of two justified notices. The notices must be in writing and sending them through a notary facilitates proof. According to Court of Cassation decisions, the fact that the tenant pays after service of the notice does not remove the justification of the notice.

Both justified notices must have been given within the same rental year. Notices relating to different rental years cannot be combined to constitute the condition of two justified notices. The start of the rental year is determined by the start date of the agreement. For example, if the tenancy agreement began on 1 January, the rental year renews on 1 January each year and both notices must have occurred within that period.

How Is a Tenant Evicted Using an Eviction Pledge?

Eviction of a tenant by means of an eviction pledge (tahliye taahhüdü) is possible under TBK Art. 352/1 where the tenant has given a written undertaking to vacate the property on a specific date and fails to do so. The landlord may initiate enforcement proceedings or bring an eviction action within one month of the end of the pledged date.

For an eviction pledge to be valid, certain conditions must be met. The pledge must be in writing; an oral pledge is invalid. The pledge must be given at a date subsequent to the conclusion of the tenancy agreement. An eviction pledge given on the same date as the tenancy agreement is deemed to have been signed under pressure and is considered invalid. The pledge must expressly specify the date of vacation.

In Court of Cassation practice, disputes over the date of the eviction pledge are frequently encountered. If the tenant claims that the pledge was taken on the same date as the tenancy agreement, the burden of proving this claim rests on the tenant. However, if the date on the pledge is the same as the date of the tenancy agreement, it is presumed that the pledge was obtained under pressure. For this reason, it is recommended that landlords obtain the eviction pledge at least a few days after the tenancy agreement.

Can a Tenant Be Evicted When the 10-Year Extended Period Expires?

When the 10-year extended period expires, the landlord may terminate the tenancy agreement without stating any reason. Under TBK Art. 347/1, at the end of the ten-year extension period, the landlord may terminate the agreement by giving notice at least three months before the end of each subsequent extension year following that period.

In calculating the ten-year extension period, the start date of the tenancy agreement is taken as the basis. For fixed-term agreements, ten years are calculated from the end of the agreement term. For example, in a tenancy agreement that began on 1 January 2015 with a one-year term, the agreement term expired on 1 January 2016 and the ten-year extension period ends on 1 January 2026. The landlord may terminate the agreement on 1 January 2026 by giving notice by 1 October 2025.

Expiry of the ten-year extension period does not require the tenant to vacate the property. If the tenant does not vacate after the termination notice, the landlord must bring an eviction action. In this action the landlord does not need to assert any other ground; it is sufficient that the termination notice was given in time.

How Does the New Owner Exercise the Right to Evict Based on Personal Need?

After purchasing the immovable property, the new owner may, under TBK Art. 351, send a notice to the tenant within one month of the date of acquisition and bring an eviction action based on personal need six months after the date of acquisition. The new owner is also required to have a genuine and sincere need.

Under TBK Art. 351, the new owner must give written notice to the tenant asserting the need after acquiring the property. This notice must be given within one month of the date of acquisition. Otherwise, the new owner cannot rely on the personal need ground for eviction during that period and must wait for the tenancy agreement to be renewed under the general rules.

For the new owner to exercise the right of eviction, it is sufficient to have purchased the immovable property; the same rules apply where the property is acquired by inheritance, gift, or compulsory enforcement. However, the new owner's personal need claim is carefully evaluated by the Court of Cassation. In cases that give the impression that the property was purchased solely to remove the tenant, the conclusion that the need is not sincere may be drawn.

What Are the Notice Requirements and Formal Conditions in an Eviction Action?

The notice requirement in an eviction action under TBK Art. 353 refers to the landlord's sending of a notice to the tenant within the period for bringing the action. Sending the notice extends the period for bringing the action to the end of the rental year and affords the landlord additional time. The notice must be in writing and sending it through a notary is important for legal certainty.

The notice is not only a declaration of the landlord's intention to evict but is also of great importance as a means of proof. A notice sent through a notary ensures that the date of service is established with certainty. Where notices are sent by post, using registered post with acknowledgement of receipt (iadeli taahhütlü mektup) is essential for proof of service. Notices given by email or text message satisfy the writing requirement but may create evidentiary difficulties.

An important point to bear in mind regarding the notice requirement is that the notice must be given in time. In an eviction action based on personal need, for fixed-term agreements the notice must be given at least three months before the end of the term. In an eviction action based on two justified notices, each notice must be given after the rent has fallen due.

How Is Eviction of a Tenant Carried Out Through Enforcement Proceedings?

Eviction of a tenant through enforcement proceedings is a process governed by Enforcement and Bankruptcy Law (İcra ve İflas Kanunu — İİK) Articles 269–276 and begins with the landlord sending the tenant a payment order or eviction order. This route may be preferred where the tenant fails to pay rent or does not comply with an eviction pledge, and eviction may be achieved without the need for a court judgment.

In the enforcement proceedings route for eviction due to non-payment of rent, the landlord applies to the enforcement directorate requesting that a payment order be sent to the tenant. The payment order grants the tenant 30 days to pay and warns that if the debt is not paid within this period an eviction action will be brought. If the tenant neither pays the debt nor objects within 30 days, the landlord may request an eviction order from the enforcement court.

In the enforcement proceedings route for eviction based on an eviction pledge, the landlord initiates enforcement proceedings under İİK Art. 272 from the pledged date. An eviction order is sent to the tenant and a 15-day period is given. If the tenant does not vacate the property within this period, forcible eviction is carried out by the enforcement officer. If the tenant objects, the landlord must bring an action for removal of the objection (itirazın kaldırılması) before the enforcement court.

How Is an Eviction Order Executed and What Are the Tenant's Rights?

In the execution of an eviction order, once the court judgment has become final, the landlord applies to the enforcement directorate for execution of the order. The tenant is given a reasonable period to vacate, and if the property is not vacated by the end of that period, forcible eviction is carried out. The tenant also has certain rights in this process.

Under TBK Art. 355, an immovable property from which a tenant has been evicted on grounds of personal need may not be leased to anyone other than the former tenant for three years. In the event of a breach of this provision, the landlord is liable to pay the former tenant compensation of not less than one year's rent at the rate paid during the last rental year. This provision is intended to prevent landlords from abusing personal need claims.

The tenant has a right of defence in an eviction action and may assert that the need is not genuine, that the eviction pledge was obtained under pressure, or that the notices were not given in the proper form. The tenant may also appeal the eviction judgment. During the appeal proceedings, a stay of enforcement of the eviction judgment may be requested against security (teminat karşılığı yürütmenin durdurulması).

The length of proceedings in eviction actions may create difficulties for both landlords and tenants. Due to the workload of the courts of peace (sulh hukuk mahkemesi), cases are seen to conclude on average in between 6 months and 1.5 years [TO BE VERIFIED]. The parties are therefore advised to consider avenues for settlement where possible.

Frequently Asked Questions (FAQ)

This content is for general informational purposes only and does not constitute legal advice. Professional legal advice from a qualified attorney is strongly recommended for specific disputes.