Eviction based on need is the termination of the lease by legal action when the lessor is obliged to use the leased property as a dwelling or workplace for himself or for the close relatives listed in the law (Turkish Code of Obligations art. 350/1).
A letter sent to the tenant saying “I need my house, vacate it” does not by itself terminate the contract. The action must be brought within one month from the end of the lease term in a fixed-term contract; the period runs differently for an open-ended contract and for a new owner who later purchases the leased property (Turkish Code of Obligations art. 350, art. 351). Before bringing an action, applying to a mediator is mandatory, and this application must be taken into account when calculating the one-month period (Act no. 6325 art. 18/B). These rules apply to leases of dwellings and workplaces with a roof (Turkish Code of Obligations art. 339).
The general framework of lease relationships is explained on the Tenancy and Real Estate Law page.
Conditions for an eviction action based on need: whose need counts?
The law identifies those whose need is relevant by listing them. If the lessor is under an obligation to use the leased property as a dwelling or workplace for himself, his spouse, his descendants, his ascendants or other persons whom he is legally obliged to maintain, he may terminate the contract by legal action (Turkish Code of Obligations art. 350/1).
Three details required by the law for eviction based on need are contained in that sentence:
- Descendants and ascendants are listed: children, grandchildren, mother, father, grandmother, grandfather.
- A sibling is not expressly named in the article. A sibling may be covered to the extent that the lessor is legally obliged to maintain him or her. Under the Turkish Civil Code, everyone is obliged to pay maintenance to their ascendants and descendants and to their siblings who would otherwise fall into poverty; the maintenance obligation of siblings depends on their being in affluent circumstances (Turkish Civil Code art. 364). Thus two conditions must be met together: the sibling must be in a situation where, without assistance, he or she would fall into poverty, and the lessor who is obliged to pay maintenance must be in affluent circumstances. Eviction for a sibling is therefore not automatic.
- The law does not merely refer to a need; it requires an obligation to use the leased property because of that need. What the article requires is not a preference but a necessity.
In practice, the court examines whether the asserted need is genuine, sincere and compelling. Saying “I need my house” is not enough; the need must be demonstrated by concrete facts. The burden of proof lies with the lessor who brings the action (Turkish Code of Civil Procedure art. 190).
Reconstruction and redevelopment are also in the same article. If, for the purpose of rebuilding or redeveloping the leased property, its substantial repair, extension or alteration is necessary and the use of the leased property is impossible during those works, the lessor may terminate the contract by legal action in the same manner (Turkish Code of Obligations art. 350/2). The two conditions are cumulative: it is not enough that the work is necessary; it must also be impossible to use the property while the work is ongoing.
If the leased property belongs to more than one person, in co-ownership in shares the termination of the lease is one of the significant management acts requiring a decision by a majority of both the shares and the co-owners (Turkish Civil Code art. 691); before bringing an action, how to secure that majority should be assessed.
Within what period must an eviction action based on need be brought?
The period is one month, but the starting point of the one month varies according to the type of contract (Turkish Code of Obligations art. 350):
| Contract | When the one-month period begins |
|---|---|
| Fixed-term | At the end of the term. Unless the tenant gives notice at least fifteen days before the end of the term, the contract is extended for one year on the same terms (Turkish Code of Obligations art. 347). In practice, the end of each extended lease year is also treated as the “end of the term” for this purpose. |
| Open-ended | From the date determined in accordance with the general provisions governing termination periods and notice periods relating to leases. For leases of immovable property, that is the end of the lease period determined by local custom or, if there is no such custom, the end of a six-month lease period; the notice period for termination is three months (Turkish Code of Obligations art. 329) and the periods are calculated from the commencement date of the contract (Turkish Code of Obligations art. 328). |
The period may be extended by one year. If the lessor has notified the tenant in writing, at the latest within the period prescribed for bringing the action, that he or she will bring an action, the period for bringing the action is deemed extended for one lease year (Turkish Code of Obligations art. 353). This is the procedure provided by law to preserve the right where the action cannot be brought within the period.
Mediation must be taken into account when calculating this period. The first step to be taken within one month is to apply for mediation. During the period from the application to the mediation office until the date on which the final minutes are drawn up, the preclusive period does not run (Act no. 6325 art. 18/A/15). In practice, because these one-month periods are regarded as preclusive periods, the application preserves the period; but after the final minutes, only the remaining part of the period runs. For this reason, an application for mediation should be made without waiting until the last days of the period.
What can a new owner who subsequently purchases the leased property do?
Flats in Alanya sold together with the tenant are the subject of this section. Sale of the let premises does not terminate the lease: if the let property changes hands for any reason after the contract is concluded, the new owner becomes a party to the lease (Turkish Code of Obligations art. 310). The law also gives the new owner a separate route to eviction (Turkish Code of Obligations art. 351):
- If the new owner must use the let premises for residential or business purposes for the same persons listed above, he may terminate the lease by bringing an action six months later, provided he notifies the tenant in writing within one month from the date of acquisition.
- If he prefers, the new owner may exercise the same right by bringing an action within one month from the end of the contract period.
Under the first route, notification is required; under the second, no notification is needed but the end of the contract must be awaited. In practice, the registration date in the title deed is taken as the date of acquisition; ownership of immovable property is also acquired, as a rule, by registration (Turkish Civil Code art. 705). The date of a preliminary sale agreement or of payment is not taken into account. The law does not separately state from which date the six months run or within how long after the six months the action must be brought; therefore delay should be avoided. In both routes, recourse to a mediator before bringing an action is mandatory.
Is mediation mandatory before bringing an action?
Yes. In disputes arising from a lease relationship, having applied to a mediator before bringing an action is a condition for bringing the action. The law excludes from this rule only the provisions on eviction of let immovables through enforcement without a judgment under the Turkish Enforcement and Bankruptcy Law (Law no. 6325, art. 18/B/1-a).
The consequence of its being a condition of admissibility is serious. If it appears that an action has been brought without applying to a mediator, the action is dismissed on procedural grounds without taking any further action. If an application was made but the final minutes stating that no agreement was reached have not been appended to the pleading, the court grants a strict one-week period; if that period also expires, the action is dismissed on procedural grounds (art. 18/A/2). The mediator concludes the application within three weeks from the date of appointment; this period may be extended by no more than one week in mandatory cases (art. 18/A/9).
A party who fails to attend the first meeting without a valid excuse is held liable for half of the litigation costs payable by the opposing party, even if that party succeeds in the action (art. 18/A/11).
If an agreement is reached in mediation, it is mandatory to obtain an annotation of the enforceability of the agreement document; for agreement documents concerning immovable property, this annotation is obtained from the Civil Court of Peace of the place where the immovable property is located (Art. 18/B/3). For a dwelling in Alanya, the annotation is likewise obtained from the Civil Court of Peace there. An agreement document bearing an annotation is regarded as a document having the force of a judgment (Art. 18/2); the parties may no longer bring an action on the matters agreed (Art. 18/5). The details of the process are set out in the article on the eviction and mediation process in tenancy disputes.
In which court and where is the case heard?
Subject-matter jurisdiction. Civil Courts of Peace hear cases concerning all disputes arising from the tenancy relationship, including claims for payment, regardless of the value or amount of the subject matter of the case, except for the provisions on eviction of leased immovable property by way of enforcement without a judgment under the Turkish Enforcement and Bankruptcy Law (HMK Art. 4/1-a).
Territorial jurisdiction. The court of general jurisdiction is the court of the defendant’s domicile at the date the action is brought (HMK Art. 6). Actions arising from a contract may also be brought before the court of the place where the contract is to be performed (HMK Art. 10); the obligation to return the leased property is an obligation to deliver a specific item and, unless otherwise agreed, is performed at the place where the leased property is located (TCO Art. 89). The law further designates the court of the place where the immovable property is located as exclusively competent in actions concerning possession of immovable property (HMK Art. 12). Whether an eviction action falls within this exclusive jurisdiction is debated; whichever view is adopted, bringing the action at the court of the place where the leased property is located avoids any jurisdictional dispute from the outset. A clause in the tenancy agreement stating “… courts shall have jurisdiction” is not a valid jurisdiction agreement unless the parties are merchants or public legal entities (HMK Art. 17).
Procedure. The simplified procedure applies; the parties must submit all their evidence with their written pleadings (HMK Art. 316, Art. 318). The tenant’s period for filing a defence is two weeks from service of the statement of claim (HMK Art. 317).
Enforcement proceedings are separate. In certain cases, such as non-payment of rent, eviction may be sought through enforcement proceedings without a judgment; a lessor relying on a written undertaking to vacate may also apply to the Enforcement Office (TCO art. 352/1). This route is regulated in a separate chapter of the Turkish Enforcement and Bankruptcy Law concerning rents (Turkish Enforcement and Bankruptcy Law art. 269 et seq.; details on the Enforcement and Bankruptcy Law page) and falls outside the mediation requirement. A lessor who chooses to bring an action on the same ground must first apply to a mediator. There is no enforcement route for eviction on grounds of need; the law links this ground only to court proceedings (TCO art. 350).
Is the judgment enforceable before it becomes final? Legal remedies
Against a judgment of the Civil Court of Peace, except for judgments that are final because they fall below the monetary threshold, an appeal before the Regional Court of Appeal may be lodged within two weeks from service of the judgment (Turkish Code of Civil Procedure art. 341, art. 345). An appeal on points of law before the Court of Cassation against a judgment of the Regional Court of Appeal is limited in actions arising from a lease relationship; the law looks at whether three months’ rent exceeds the cassation threshold (Turkish Code of Civil Procedure art. 362/1-b). Because the thresholds are re-determined every year and the amount at the date the action was brought is taken as the basis, no figure is given here (Turkish Code of Civil Procedure Additional Article 1).
Lodging a legal remedy does not stay enforcement of the judgment; judgments that cannot be enforced before becoming final are those concerning the law of persons, Family Law and rights in rem over immovables (Turkish Code of Civil Procedure art. 350, art. 367). In practice, an eviction judgment based on a lease is not regarded as one of these and may therefore be enforced before becoming final. The Enforcement Office orders the tenant to surrender the immovable within seven days (Turkish Enforcement and Bankruptcy Law art. 26). A tenant who lodges a legal remedy is given time to obtain an order for a stay of enforcement if the tenant provides security accepted by the Enforcement Court (Turkish Enforcement and Bankruptcy Law art. 36).
The three-year rule after eviction and damages
Eviction on grounds of need does not end the matter: the law imposes a separate obligation on the lessor for three years after eviction, and this rule concerns both parties.
When the lessor has the let premises vacated for purposes of need, he may not, without a valid reason, let the premises to anyone other than the former tenant for three years (Turkish Code of Obligations art. 355/1).
Immovable property vacated for the purpose of reconstruction and redevelopment also may not, in its previous condition, be leased to another person before three years have elapsed without just cause. The former tenant has a priority right to lease the reconstructed or redeveloped immovable property in its new condition and at the new rent; this right must be exercised within one month following the written notice to be given by the landlord. Unless this priority right is extinguished, the immovable property may not be leased to another person before three years have elapsed (Turkish Code of Obligations art. 355/2).
The sanction for breach is set out in the provision: if the landlord acts contrary to these provisions, the landlord is obliged to pay compensation to the former tenant of not less than one year’s rent paid in the last rental year (Turkish Code of Obligations art. 355/3).
Is a clause in the contract stating “eviction will take place if needed” of any use?
The law says no: the provisions on termination of the tenancy agreement by court action may not be amended to the detriment of the tenant (Turkish Code of Obligations art. 354). All periods and conditions under this heading fall within the scope of this rule. A clause inserted into the contract that grants a broader eviction possibility than the law provides does not replace the conditions required by law.
To which tenancy agreements do these rules apply?
All the rules on this page relate to residential and roofed business premises leases; however, these provisions do not apply to leases of immovable property that, by its nature, is allocated to temporary use, for six months or less (Turkish Code of Obligations art. 339).
This exception is important for summer houses and short-term lettings in Alanya. Two conditions must be met together for the exception: the immovable property must by its nature be allocated to temporary use, and the letting must last six months or less.
Do not confuse with other grounds for eviction
Expiry of the term is not, by itself, a ground. A landlord cannot terminate the agreement merely because the contractual term has ended. Termination without cause is possible only in the following cases: in a fixed-term agreement, at the end of the ten-year extension period, by giving notice at least three months before the end of each subsequent extension year; in an indefinite-term agreement, after ten years have elapsed from the beginning of the lease, by giving notice of termination under the general provisions. Situations giving rise to a right of termination under the general provisions are also reserved (Turkish Code of Obligations Art. 347). In residential and business-premises leases, the validity of a notice of termination is conditional on its being made in writing (Turkish Code of Obligations Art. 348).
The law groups the grounds attributable to the tenant and pursued through court proceedings in a separate article (Turkish Code of Obligations Art. 352):
| Ground | What the law says |
|---|---|
| Written Undertaking to Vacate | If the tenant has after delivery of the leased premises undertaken in writing to vacate the premises on a specified date and has not done so, the landlord may terminate the contract by applying to the Enforcement Office or bringing an action within one month from that date |
| Two justified notices | If the tenant has caused two justified written notices because the tenant failed to pay the rent during the lease term in agreements for less than one year, or during one lease year or a period exceeding one lease year in agreements for one year or longer, the landlord may terminate the contract through court proceedings within one month from the end of the lease term, or, in leases longer than one year, from the end of the lease year in which the notices were given |
| Tenant’s other dwelling | If the tenant or the tenant’s spouse living with them has a dwelling suitable for habitation within the municipal boundaries of the same district or town and the landlord did not know this when the contract was concluded, the landlord may terminate the contract through court proceedings within one month from the end of the contract |
Details of the undertaking route are on the Written Undertaking to Vacate page.
Separately, in cases of non-payment of rent and failure to use the leased premises with due care, the law allows termination upon a written notice granting at least thirty days (Turkish Code of Obligations Art. 315, Art. 316).
Frequently asked questions
I sent a formal notice to the tenant, but they will not leave. Can I evict them directly?
No. Termination on grounds of need is regulated by law as requiring court proceedings (Turkish Code of Obligations Art. 350); a formal notice alone does not terminate the contract. Two cases in which the law attaches consequences to written notification are distinct: notification by an owner who subsequently acquired the leased premises, made within one month from the date of acquisition, is a condition for an action to be brought six months later (Turkish Code of Obligations Art. 351); written notification within the period for bringing an action that the action will be brought extends the period for bringing the action by one lease year (Turkish Code of Obligations Art. 353). None of these, by itself, results in eviction.
If the tenant will not leave, can I change the locks or remove their belongings?
No. The tenant is in possession of the leased premises. A person who dispossesses another of a thing in the latter’s possession is obliged to return it, even if the former claims a superior right to it (Turkish Civil Code Art. 982). Eviction can be obtained only by a court judgment or through the enforcement procedure prescribed by law.
I bought the house with a tenant in place. How long must I wait?
There are two routes. If you give written notice to the tenant within one month of the date of acquisition (in practice, the date of registration in the land registry), you may bring the action after six months have elapsed. If you did not give notice, you may bring the action within one month from the expiry of the contractual term (TCO art. 351). In both routes, you must apply to a mediator before bringing the action.
Can I seek eviction on grounds of my sibling’s need?
The law does not name a sibling; it refers to “other persons whom one is bound by law to maintain” (TCO art. 350/1). A sibling can fall within this definition only to the extent of the duty to pay maintenance under the Turkish Civil Code: the sibling must be at risk of falling into poverty without assistance, and you must be in a position of affluence (TCC art. 364). The specific circumstances must be examined.
Can eviction on grounds of need be sought before the lease has run for ten years?
Yes. The ten-year extension period concerns the lessor’s right to terminate without stating a reason (TCO art. 347). Eviction on grounds of need is a separate ground for bringing an action and is subject to its own time limits (TCO art. 350).
Relevant legislation
Turkish Code of Obligations No. 6098 — art. 89 (place of performance), art. 310 (change of ownership of the leased premises), art. 315–316 (default and duty of care), art. 328–329 (termination of leases for an indefinite period), art. 339 (scope of application), art. 347–348 (termination by notice), art. 350 (need, reconstruction and zoning), art. 351 (need of the new owner), art. 352 (grounds arising from the tenant), art. 353 (extension of the limitation period for bringing the action), art. 354 (exhaustiveness of grounds for action), art. 355 (prohibition on re-letting) — mevzuat.gov.tr
Turkish Civil Code No. 4721 — art. 364 (persons liable to pay maintenance), art. 691 (important acts of management), art. 705 (acquisition of title to immovable property by registration), art. 982 (right of action in case of dispossession) — mevzuat.gov.tr
Turkish Code of Civil Procedure No. 6100 — art. 4 (jurisdiction of civil courts of peace), art. 6, 10, 12 and 17 (jurisdiction), art. 190 (burden of proof), art. 316–318 (simplified procedure), art. 341, 345, 350, 362, 367 and Additional art. 1 (legal remedies) — mevzuat.gov.tr
Law on Mediation in Civil Disputes No. 6325 — art. 18 (settlement document), art. 18/A (mediation as a prerequisite for bringing an action), art. 18/B (tenancy disputes) — mevzuat.gov.tr
Turkish Enforcement and Bankruptcy Law No. 2004 — art. 26 (enforcement of an eviction judgment), art. 36 (stay of enforcement), art. 269 et seq. (special provisions on rent) — mevzuat.gov.tr
Related pages
- Tenancy and Real Estate Law — parent page
- Eviction and mediation process in tenancy disputes
- What is a written undertaking to vacate, and when is it valid?
- Rent determination action and the rent increase cap
- Compensation for unlawful occupation
This article is for general legal information only and does not constitute legal advice. As the circumstances of every case differ, it is recommended that you seek legal support from your attorney at law for your specific situation.