In residential and covered commercial lease agreements, the eviction of a tenant is possible based on reasons stipulated in the law. The Turkish Code of Obligations Article 347 contains special regulations regarding the eviction of a tenant who has been in the property for 10 years.
According to the law, the landlord does not have the right to terminate the contract based on the expiration of the contract period. Only the tenant can terminate the contract by giving a notice 15 days prior to the expiration. Otherwise, the contract will be deemed automatically extended under the same conditions for another year.
Residential and covered commercial lease agreements can be made for a specified or unspecified period. If the lease period is specified in the contract, the contract will be considered as a fixed-term lease. If no specific period is mentioned in the contract, the lease agreement will be considered indefinite. In residential and covered commercial lease agreements, a fixed-term lease does not automatically convert to an indefinite lease when the period expires.
I. Extension Period of 10 Years in Fixed-Term Lease Agreements
In fixed-term lease agreements, after the 10-year extension period, the landlord can terminate the contract by giving notice at least three months before the end of each subsequent extension year. For example, let’s assume a residential lease agreement with a duration of 1 year starts on 15/06/2013. In this case, the contract will expire on 15/06/2014. The 10-year extension period will end on 15/06/2024. If the landlord wishes to terminate the contract, they must give written notice by 15/03/2025 at the latest, requesting the return or eviction of the leased property by 15/06/2025.
In summary, in fixed-term lease agreements, the landlord’s termination right based on the duration is the lease period + 10 years + 1 year. Therefore, eviction of a tenant who has been in a fixed-term lease for 10 years is not possible.
II. Expiration of 10 Years in Indefinite-Term Lease Agreements
In indefinite-term lease agreements, the landlord can terminate the contract with a 3-month prior notice sent via a written warning to the tenant, at least three months before the end of the next 6-month rental period following the completion of the 10-year period. For example, let’s assume the starting date of an indefinite-term lease is 01/03/2014. In this case, the 10-year period will expire on 01/03/2024. The landlord can send a written notice to terminate the contract by 01/06/2024 at the latest, requesting the eviction of the leased property by 01/09/2024.
In indefinite-term lease agreements, the eviction of the tenant after the expiration of 10 years is possible.
III. Sample Notice for the Eviction of a 10-Year Tenant
The validity of termination notices in residential and covered business lease agreements depends on being made in writing. Therefore, for ease of proof and ensuring the notice reaches the tenant, we recommend sending the termination notice via a notary public.
IV. Eviction Lawsuit if the Tenant Fails to Vacate Despite Notice
Whether it is a fixed-term or indefinite-term lease agreement, if the tenant does not vacate the rented property despite a written notice, the landlord will have to file an eviction lawsuit.
In cases of disputes arising from lease relationships, according to the Law on Mediation in Civil Disputes, mediation is mandatory before filing a lawsuit. For detailed information on this matter, you can read our article on Mediation in Lease Disputes. The original or a certified copy of the final mediation record must be attached to the lawsuit petition as a mandatory requirement. Otherwise, the lawsuit may be dismissed on procedural grounds.
If no agreement is reached through mediation, then an eviction lawsuit can be filed in the Peace Civil Court located where the rented property is or at the residence address of the defendant-tenant.
The lawsuit petition must include evidence such as a notary notice and the notice delivery endorsement, as well as the lease agreement. The judge will determine the landlord’s justification by examining these documents.
As with other lawsuits filed for the eviction of the leased property in Peace Civil Courts, the value of the lawsuit in this case is calculated based on the annual rental fee at the time the lawsuit is filed. Therefore, presenting the rental payment receipt at the time of filing the lawsuit will expedite the resolution of the case. The advance court fee (one-fourth of the decision and verdict fee) must also be paid based on the annual rental fee at the time the lawsuit is filed. You can find detailed information about Judicial Fees in my article “Judicial Fees and Advances 2024.”
In the conclusion section of the lawsuit petition, it is appropriate to request “Determining the Justifiability of Termination and Returning the Leased Property.” Since the right to terminate the contract through notice is granted to the landlord by law. However, as the judge will make the legal characterization, when the termination of the contract and eviction are requested, the court should still accept the lawsuit.
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
