
- I. How to Evict a Tenant in Turkey?
- II. Ways to Evict the Tenant
- III. Reasons for Eviction of a Tenant in Turkey
- Mediation Requirement in Rental Disputes
- 1. How to Evict a Tenant due to Non-payment of Rent in Turkey?
- 2. Eviction of the Tenant Due to Eviction Commitment
- 3. How to Evacuate a Tenant Due to Two Valid Notices?
- 4. Evacuation Process Due to Ten-Year Extension Period
- 5. How to evict a Tenant due to the Need of the Landlord?
- 6. How to Evict a Tenant for the Right to Use with Care and Respect for Neighbors?
- 7. Eviction Due to the Tenant’s or Spouse’s Owning a Residence
- 8. How to Evict a Tenant Due to New Owner’s Need
- 9. How to Remove a Tenant Due to Reconstruction, Zoning, Repair?
- IV. Tenant Eviction Case
- VI. How Long Does a Tenant Eviction Case Take in Turkey?
- VII. Frequently Asked Questions in Tenant Eviction Processes
- 1. How to Evict a Tenant in Non-Contractual / Verbal Lease Agreements?
- 2. Is it possible to evict a 1-year tenant based on the end of the contract?
- 3. How to Remove a Tenant in Case of Multiple Parties in a Lease Agreement?
- 4. Is it possible to evict a tenant without a lawyer?
- 5. Is it possible to evict a tenant with the police?
- 6. What is the Easiest Way to Evict a Tenant?
- 7. Is It Possible to Evict a Tenant Due to Sale?
I. How to Evict a Tenant in Turkey?
In this article, we will provide information on the reasons for the eviction of a tenant and the answer to the question ‘How to Evict a Tenant?’ in relation to those reasons. Legal regulations for tenant eviction are generally included in the Turkish Code of Obligations. However, the law regulates lease agreements under 3 groups. These are regulated as;
- General Lease Agreements
- Residential and Roofed Workplace Lease Agreements
- Usufructuary Lease
This distinction is also very important in terms of the reasons for tenant eviction. Because some of the eviction reasons regulated for general lease agreements cannot be applied to residential and roofed workplace lease agreements.
This article will specifically focus on the reasons and conditions for tenant eviction for residential and roofed workplace lease agreements.
II. Ways to Evict the Tenant
There are multiple ways for the eviction of the tenant in the law. In fact, the reasons for the eviction of the tenant are specified in the Turkish Code of Obligations. However, the reasons for the eviction of the tenant look for different conditions for each reason. This situation can cause confusion.
Termination of the lease agreement will end the tenancy relationship. However, the termination of the lease agreement is subject to notification or lawsuit according to the law. It is possible to collect the methods for the eviction of the tenant under 3 headings. These are termination by notification, tenant eviction case and eviction of the rented real estate through non-judicial execution.
It is also necessary to separate the ways for the eviction of the tenant from the reasons for the eviction of the tenant. The reasons for the eviction of the tenant indicate the reasons for the termination of the lease agreement and the reasons for the eviction.
1. Termination of Lease Agreement by Notification
Among the reasons for the eviction of the tenant, the eviction of the tenant due to the expiration of the ten-year extension period and, under some conditions, the right to careful use and respect for neighbors, termination is done through notice in the eviction processes.
2. Termination of Lease Agreement through Litigation
The lease agreement will be terminated by taking legal action in cases of non-payment of rent, eviction due to need, two justified warnings, eviction due to the need of the new owner, reconstruction, development, repair and the existence of the tenant’s or spouse’s house, and eviction due to an eviction commitment.
3. Evacuation of Leased Real Estate through Execution Without Judgment
In addition to these, the Execution and Bankruptcy Law has introduced the possibility of evicting rented properties due to non-payment of rent (also valid for additional expenses) and eviction undertaking through non-judicial enforcement. The tenant can be evicted through these two non-judicial enforcement methods. In these two methods, there is a chance to file an eviction lawsuit in the enforcement court instead of the civil court of peace.
III. Reasons for Eviction of a Tenant in Turkey
The reasons for the eviction of a tenant in the Turkish Code of Obligations can be summarized as follows:
- Tenant Eviction Case Due to Non-Payment of Rent in Turkey
- Tenant Eviction Case Due to Non-Payment of Dues in Turkey
- Tenant Eviction Case Due to The Landlord’s Needs in Turkey
- Tenant Eviction Process Due To Eviction Commitment in Turkey
- Tenant Eviction Case Due to Careful Usage and Respect for Neighbors in Turkey
- Tenant Eviction Case Due to a 10-Year Tenant in Turkey
- Tenant Eviction Case Due to Mandatory Repairs and Renovations in Turkey
- Tenant Eviction Case Due to the New Owner’s Need in Turkey
- Tenant Eviction Case Due to Two Justified Warnings in Turkey
- Tenant Eviction Due to Tenant’s Ownership of the Residence in Turkey

Mediation Requirement in Rental Disputes
In accordance with the Enforcement and Bankruptcy Law, all rent disputes are subject to mediation, except for removal of objection and eviction cases. In other words, it is necessary to apply for mediation before filing a lawsuit to evict the tenant. Filing an eviction lawsuit without applying for mediation as a condition of litigation will result in the rejection of the case due to procedural reasons. You can find detailed information about this process in our article Mediation in Landlord Tenant Disputes in Turkey.
1. How to Evict a Tenant due to Non-payment of Rent in Turkey?
The tenant is responsible for paying the rent. The obligation to pay the rent, whether monthly or annually, must be paid within the term specified in the lease agreement. When Should Rent Be Paid in Turkey? You can read our article.
The rent must be paid in full. The remaining rent debt will also be grounds for eviction of the tenant. Similarly, the rent increase will need to be made exactly as stated in the lease agreement.
Thirty days should be given to the tenant who does not pay the rent on time and in full, by initiating enforcement proceedings or sending a warning. (TOC article 315) It is possible to evict a tenant who does not pay the rent despite a thirty-day notice.
For more detailed information about the eviction process due to non-payment of rent, see “Tenant Eviction Case Due to Non-Payment of Rent in Turkey” You can read our article.
2. Eviction of the Tenant Due to Eviction Commitment
After the delivery of the leased property, the tenant, to the lessor; Another reason for eviction is a written commitment to evacuate the rented property on a certain date. In practice, this commitment is called an eviction commitment.
If the tenant does not evacuate the residence or roofed workplace despite the eviction commitment, it is possible to initiate an eviction process through enforcement proceedings or litigation within a period of 1 month.
You can find more detailed information about the evacuation process due to the eviction commitment in our article “Evacuation Process Due to the Evacuation Commitment“.
3. How to Evacuate a Tenant Due to Two Valid Notices?
Failure to pay the rent in full or at all despite the thirty-day notice period is itself a reason for eviction. But what should be done if the tenant always pays the rent late?
Within the same rental period; It is possible for a tenant who pays all or part of the rent at least twice after the notice sent to him/her to file an eviction lawsuit within one month from the end of the contract.
Due to two justified warnings, the indispensable part of the eviction process is to send a warning about the tenant or to send a payment order with enforcement proceedings. Because unless a process is initiated against the tenant, there is no legal sanction for the tenant’s mere delays.
The eviction process is a very technical one due to two justified warnings. Therefore, it is important that the termination of the lease agreement and eviction process is carried out correctly. You can find detailed information about the eviction process due to two justified warnings in our article “Evacuation Due to Two Valid Notices“.
4. Evacuation Process Due to Ten-Year Extension Period
It is possible to conclude lease agreements for a definite or indefinite period. In the process of evicting a ten-year tenant, it is important whether the lease agreement is for a definite period or for an indefinite period.
After the ten-year extension period for indefinite-term lease agreements and the ten-year extension period for definite-term lease agreements expire, the lease agreement may be terminated and the return of the leased property may be requested by sending a warning at least three months before the end of the agreement. Tenant Eviction Case Due to a 10-Year Tenant in Turkey
5. How to evict a Tenant due to the Need of the Landlord?
The landlord or lessor may have a sincere, real and compelling need for the leased property. If the lessor himself, his spouse’s descendants and descendants and legally obliged dependents need the leased property, termination and eviction may be requested by filing a lawsuit within one month from the end date of the contract.
Situations such as the lessor herself/himself or his/her adult children living in the family residence, being rented, not having a residence suitable for living, or returning to the country for sure can be considered as needs.
You can find detailed information about eviction cases due to necessity in our article “Evacuation Case Due to Necessity“.
6. How to Evict a Tenant for the Right to Use with Care and Respect for Neighbors?
The tenant must be respectful to both the neighbors in the leased property and the lessor. Disturbing actions can make the rental relationship unbearable. For this reason, termination of the contract and eviction are regulated in Article 316 of the Turkish Code of Obligations.
The rented property must be used with care, especially the rented property must not be deliberately damaged. Intentional damage by the tenant to the leased property is another reason for unilateral termination of the lease agreement. Similarly, using the rented property as an appointment house in an immoral manner is also against the obligation to use it with care. Tenant Eviction Case Due to Careful Usage and Respect for Neighbors in Turkey
7. Eviction Due to the Tenant’s or Spouse’s Owning a Residence
It is regulated as a reason for eviction that the tenant or his/her spouse with whom he/she lives in the same residence has a suitable residence within the same municipality borders as the rented one. It will be necessary to conduct proper research before filing an eviction lawsuit based on this reason. Because the tenant will not only need to own a house, but also it will need to be investigated whether this house is suitable for habitation. Tenant Eviction Due to Tenant’s Ownership of the Residence in Turkey
8. How to Evict a Tenant Due to New Owner’s Need
According to the Turkish Code of Obligations, the contract does not terminate if the leased property changes hands for any reason. The lease agreement will continue with the new owner under the same conditions. For this reason, the new owner will need to obtain a written lease agreement and, if available, an eviction notice from the old owner.
The owner who purchases a rented residence or workplace will need to send a notice to request the eviction of the tenant. This notice must reach the tenant within one month at the latest from the date of acquisition. The new owner may file an eviction lawsuit based on his/her needs starting from the end of the lease or six months later. Tenant Eviction Case Due to the New Owner’s Need in Turkey
9. How to Remove a Tenant Due to Reconstruction, Zoning, Repair?
After renting a residence or workplace, a mandatory repair or renovation may be required. In such a case, if the rented property cannot be used, the process may be initiated to evict the tenant.
In fixed-term contracts for eviction due to reconstruction or repair, a lawsuit must be filed within one month from the end of the period. For indefinite-term contracts, a lawsuit must be filed within one month from the termination period. Tenant Eviction Case Due to Mandatory Repairs and Renovations in Turkey
IV. Tenant Eviction Case
The reasons for the tenant’s eviction generally require the filing of an eviction lawsuit. The only exception to this is the enforcement proceedings based on the eviction commitment due to the expiration of the leased real estate.
It is always possible for the lessor and the tenant to agree and ensure the eviction of the rented property. However, if the parties cannot agree; except for the eviction commitment and enforcement proceedings (if no objection is made), the eviction of the tenant is only possible with a court decision. The preferred method for the eviction of the tenant should be selected according to the existence of the eviction reasons and the tenant’s objections. This article has been prepared specifically for residential and roofed workplace lease agreements.
The primary issue to be considered before starting the tenant eviction lawsuit is on whose behalf the process will be followed and against whom it will be initiated. The lessor and the landlord do not have to be the same persons. In addition, the lease agreement may also be made with an attorney. Starting the process without clarifying these two issues may result in the rejection of the case.
1. Tenant Eviction Case in Enforcement Court
Filing a lawsuit for the eviction of the tenant in the enforcement court is only possible with an enforcement proceeding that has been initiated before. This proceeding should not be an ordinary proceeding, but should be a follow-up Example: 13 or Example: 14 that can be initiated specifically to ensure the eviction of the tenant.
If the tenant has not objected to the Payment Order for Ordinary Lease and Revenue Leases that has been duly notified to him and/or has not denied the verbal or written lease agreement and the signature on the agreement despite his objection; if he has not paid the rent subject to the pursuit within the 30-day notice period, then an eviction lawsuit can be filed in the enforcement court for the eviction of the tenant. If the tenant’s objection to the payment order includes defenses that require trial, then the lawsuit will need to be filed in the civil court of peace as a cancellation of the objection and an eviction lawsuit.
The second tenant eviction lawsuit that can be heard in the enforcement court is the Eviction Order in Case of Expiration of the Lease Term of the Real Estate Leased with a Written Agreement “removal of objection” request.
In cases heard in the enforcement court, due to the court’s limited authority, only claims based on written documents can be put forward. Witnesses are not heard, oaths are not offered, and discovery is not made. Therefore, the party with the written document will be able to prove their claim. For detailed information about tenant eviction cases heard in the enforcement court; check out our article on Removal of Objection and Eviction Case.
There is no requirement for mediation in removal of objection and eviction cases heard in the enforcement court.
Removal of objection and eviction cases are subject to a fixed fee. Similarly, the attorney’s fee is a fixed fee for cases with hearings heard in the enforcement courts.
In enforcement proceedings without a judgment and in enforcement proceedings with a judgment, an application fee, advance fee, eviction fee, prison fee, execution fee and postage will be required.
2. Tenant Eviction Case in Civil Court of Peace
a. Mediation as a Case Requirement
All tenant eviction cases, except for non-payment of rent and/or dues and eviction commitment (*If the tenant’s objection requires trial, it will be necessary to apply to the civil court of peace for these as well), must be heard in the civil court of peace. Of course, before the tenant eviction case in the civil court of peace, it is mandatory to apply for mediation in rental disputes and complete the process. The judge first investigates whether the mediation process has been completed.
b. Case Value
The case value in eviction cases filed in the civil court of peace is the annual rental fee. According to the Law on Fees, an advance fee of 68.31/4 per thousand of the annual rental fee will be collected in the tenant eviction case. If there is a dispute in the rental fee, this dispute will be resolved first.
The expenses of the tenant eviction case will be the advance fee, application fee, attorney fee if there is an attorney, bar stamp and expense advance. The amount of the expense varies according to the value of the case (annual rental fee).
c. Nature of the Leased Property
If it is not clearly understood from the lease agreement whether the leased property is related to a residential and roofed workplace lease agreement and there is a dispute between the parties on this issue, the judge will first investigate the nature of the leased property in order to evaluate which legal provisions will be applied to the dispute. Since the reasons for eviction and the procedure will change depending on whether the leased property is a residential and roofed workplace lease agreement, this issue is a priority.
d. Claims and Defenses
The tenant eviction case will be subject to the simple trial procedure. Therefore, the parties have only one petition right for their claims and defenses: the lawsuit petition and the response petition. Apart from this, the parties reserve the right to amend.
If the plaintiff does not clearly state the reason for the lessor’s case; the judge must give the plaintiff time to concretize the facts and the reasons on which it relies.
The means of evidence to be used in the case may also change depending on the reason for eviction on which the plaintiff relies. For example, in an eviction case due to need, the claim of superior qualification can be proven with discovery evidence, and the sincerity and necessity of the need can be proven with witness evidence. Again, if it is necessary to give an example, in an eviction case due to default, the claim that the notice or payment order was served must be proven with written evidence.
In general, the evidence to be examined;
- In an eviction case due to default; the lease agreement, the default notice and notification documents, if a payment defense was made, payment documents and bank records, and if necessary, expert examination.
- In an eviction case due to careful use; the lease agreement, the notice and notification documents for which a grace period was given, discovery and expert examination.
- In an eviction case due to a 10-year extension period; the lease agreement, the notice and notification documents,
- In an eviction case due to need; If there is a lease agreement, the notice and notification documents, witness statements, if necessary, discovery and expert examination.
In an eviction case due to the need of the new owner; lease agreement, notice and notification document, witness statements, if necessary, inspection and expert review - In an eviction case due to mandatory renovation and repair; lease agreement, notice and notification document, approved construction or renovation project and preliminary project, inspection and expert review
- In an eviction case due to an eviction commitment; lease agreement, eviction commitment, expert review depending on the objection, oath, notice and notification annotation if any.
In an eviction case due to two justified warnings; lease agreement, notices and notification annotations and/or enforcement files and notification documents, payment documents, bank records, expert review
e. Verdict – Decision
The stages in the case will proceed as; submission of petitions, preliminary examination, investigation, oral trial, verdict. If the fee and evidence are complete, a decision can be given in a single session.
It is possible for the decision to be given definitively according to the value of the case. In this case, the parties will not have the right to apply to the court of appeal. However, if the value of the case is above the monetary limit, an appeal will be given. The decision announced in the hearing is a short decision. The judge will need to write a reasoned decision within 30 days at the latest. Th reasoned decision will be notified to the parties upon the request of the parties.
The tenant can initiate enforcement proceedings without waiting for the eviction case decisions to become final. If the court order is in favor of canceling the objection, a decision must be submitted to the enforcement office, a request for follow-up in terms of trial expenses must be submitted and the fee must be paid. The continuation of the follow-up in terms of trial expenses will be after the notification of the enforcement order. It is not necessary to send a new eviction order in terms of the eviction decision.
If the value of the case is not open to appeal according to the monetary limit on the date of the decision, the decision will be final. For example, the monetary limit for applying to appeal for the year 2025 is 40.000 Turkish Lira. In other words, the decision will be final in rent eviction cases where the monthly rent is less than 3.333-Turkish Lira.
f. Provincial High Court and Court of Appeal
If the rent eviction case is not final in terms of monetary value; an appeal can be applied to the court of peace within two weeks from the date of notification against the decision.
Appealing to appeal does not stop the execution of the eviction decision on its own. If the tenant against whom the eviction decision is made requests the suspension of execution (deferred execution) while going to appeal and subsequently deposits three months’ rent with the enforcement office and receives a decision, the execution of the eviction decision may be stopped. For detailed information, you can read our article on Suspension of Execution for Eviction Decisions.
g. Lodge an Appeal with the Supreme Court
The appeal limit for cases regarding the eviction of rented real estate is 378,290 Turkish Lira. In other words, in order to appeal the eviction case of the tenant, the monthly rental fee must be 126,096.67 Turkish Lira or more. Otherwise, an appeal cannot be filed after the appeal review.
VI. How Long Does a Tenant Eviction Case Take in Turkey?
Each case is unique. Therefore, it would not be right to give a definite period for all tenant eviction cases.
Tenant eviction cases heard in enforcement courts can last approximately 6 months to 1 year.
Tenant eviction cases heard in civil courts of peace can last between 9 months and 1.5 years.
The appeal process is also likely to last between 6 months and 2 years depending on the court workload and the situation.
How long the case will take will vary depending on the reason for the eviction, the workload of the court, the claims of the plaintiff and the defendant, the follow-up of deficiencies in the file, and whether there will be evidence such as expert reports and discovery.
VII. Frequently Asked Questions in Tenant Eviction Processes
1. How to Evict a Tenant in Non-Contractual / Verbal Lease Agreements?
There are mandatory and regulatory articles in the law in rental law. The parties’ agreement on the lease is sufficient for the establishment of the contract. However, problems of proof arise in non-contractual / verbal lease agreements. For example, where the rent will be paid, when it will be paid, and the start date pose problems.
The conditions in the above section of our article also apply to verbal lease agreements. Since tenant eviction cases are tied to time periods, the start date of verbal lease agreements may be a matter of dispute.
In verbal lease agreements, the following issues will need to be clarified before the eviction processes. Is the rented residence or a roofed workplace? What is the start date of the lease agreement? Who is the tenant party in the lease agreement? Where and how are rents paid? What is the full address of the rented property?
Since there is no written agreement between the parties on this issue in verbal, non-contractual lease agreements, as a rule, the rent increase will not be automatic. If the parties cannot reach an agreement, the lessor will need to file a rent determination lawsuit for an increase each year.
Another problem may arise from the uncertainty of how the leased property was delivered and the fixed assets. When the written lease agreement states which fixed assets were delivered together with the leased property, things become easier. Similarly, it can be stated that the leased property was delivered empty, painted and clean. It will be possible to return the leased property under the same conditions.
Verbal lease agreements will be considered indefinite. It is necessary to pay attention to this issue in terms of references made to definite and indefinite term contracts in the reasons for eviction.
2. Is it possible to evict a 1-year tenant based on the end of the contract?
Even if the lease agreement is made for 1 year, the landlord cannot request eviction upon the end of the term. In fixed-term lease agreements, the tenant can use the leased property for an additional ten years in addition to the contract period. The tenant has the right to terminate the contract with at least fifteen days’ notice before the end of the contract.
3. How to Remove a Tenant in Case of Multiple Parties in a Lease Agreement?
There may be more than one lessor or tenant party in a lease agreement. This situation may occur at the beginning of the agreement or it may occur later.
For example; in case of death of the lessor or owner, the heirs will gain the title of lessor in the lease agreement. Similarly, in case of death of the tenant, the lease agreement will not end. Those living in the same house with the tenant or their heirs become parties to the agreement.
It is possible for a spouse who is not a party to the lease agreement to become a party to the agreement by unilaterally notifying the lessor.
In cases related to the lessor or tenant, enforcement proceedings or eviction lawsuits to be initiated will need to be followed by all parties and directed against all tenants. Cases where the party formation is missing may be extended in time and rejected.
4. Is it possible to evict a tenant without a lawyer?
According to our legal system, there is no obligation to hire a lawyer for the eviction of a tenant. Tenant evictions can be initiated without a lawyer. However, the processes are quite complicated. Most cases are subject to the requirement of a notice to the tenant and prejudicial periods.
In order to evict a tenant without a lawyer, it is necessary to be familiar with the Turkish Code of Obligations, the Execution and Bankruptcy Code and the Code of Civil Procedure. The necessary knowledge is not limited to these. Because it will also be necessary to know the precedents well about the eviction reasons that will be the subject of dispute.
In fact, most of the information that needs to be known for tenant evictions without a lawyer is included in our Tenancy Law Publications section. However, if your time and money are valuable, I recommend that you get expert support.
5. Is it possible to evict a tenant with the police?
It is not possible to evict a tenant with the police. All processes for eviction of a tenant are based on private law relations. Therefore, the eviction of the tenant can be done through the enforcement office.
6. What is the Easiest Way to Evict a Tenant?
Speaking broadly, it is indisputable that the easiest way to evict a tenant is to initiate enforcement proceedings based on the eviction warrant. Because among the reasons for the tenant’s eviction, there is a possibility that the tenant will not file a lawsuit only in the process that will be initiated due to the eviction warrant. For all other reasons for the tenant’s eviction, it will be necessary to file an eviction lawsuit.
Speaking in terms of the facts, there is no such thing as the easiest way to evict a tenant. Each legal process and eviction lawsuit is unique. Therefore, it would be appropriate for the landlord to initiate all the processes based on the eviction reasons at the same time.
7. Is It Possible to Evict a Tenant Due to Sale?
In order to evict a tenant due to sale, a notice must be sent to the tenant within 1 month from the date of acquisition. The eviction will be requested within the end date of the lease agreement or within a period of 6 months. The notice must reach the tenant within one month from the date of acquisition. This method is the Eviction Case Due to the Need of the New Owner. If the notice is not sent or does not reach within 1 month, it is possible to file an eviction case due to need.
Memduh Remzi BAL
Attorney at Law | Lawyer in Turkey
Landlord Tenant Attorney Services
Call us : +90 212 909 86 34
Send mail : info@ballawfirm.com