Eviction Of Tenants Under Turkish Law

ADMD LAW FIRM
Gizem Beste Engin & Talha Fahri Izgeren

The removal of the tenant from the leased real estate for any reason by legal methods is called eviction of the tenant. The main provisions regarding the eviction of the tenant are regulated in Articles 347 and the following articles of the Turkish Code of Obligations No. 6098 which is published in the Official Gazette with number 27836, dated February 4, 2011. It should be noted that the tenant may be evicted only for the reasons outlined in the law. If the lessor does not have a valid reason, the tenant cannot be evicted from the property for the duration of the lease agreement. However, it is possible to evict the tenant and terminate the lease agreement if the lessor has a just cause even though the contract period has not expired. The eviction of the tenant can be carried out in two different ways: eviction by notice and eviction by lawsuit. With the Law on the Amendment of the Execution and Bankruptcy Law and Certain Laws published in the Gazette dated April 5, 2023, and numbered 32154, the application areas of mandatory mediation have been expanded. With the relevant amendment, as of September 1, 2023, rent determination cases are to be filed by the owner or tenant, rent eviction cases, (except for eviction through execution without execution), adaptation cases, disputes arising from the lease agreement of the tenant and the owner have been subject to the mandatory mediation process.

Reasons for Eviction of the Tenant

According to the provisions of the Turkish Code of Obligations, for the lease agreement to be terminated by the tenant or the lessor, certain reasons must exist. If one of these reasons exists, the lessor may request the eviction of the tenant. However, if these reasons are not present, the lessor cannot request the eviction of the tenant, even if the lease agreement is for a certain time. In line with these grounds, the reasons for the termination of the lease agreement are as follows:

• Non-payment of rent
• Presence of an evacuation undertaking
• The lessor himself or his relatives need the house
• The leased property needs to be renovated
• Disturbance of neighbors
• The existence of a tenant-owned house
• Bankruptcy of the tenant
• Expiration of 10 years for indefinite-term lease agreements
• Expiration of 10 years for fixed-term lease agreements. 

1. Non-payment of rent

The eviction of the tenant in case of non-payment of the rent is regulated in Article 352/2 of the Turkish Code of Obligations and according to the relevant article; "If the tenant has caused two justified notices to be given to him in writing for not paying the rent within the lease period in lease agreements with a term of less than one year; within one lease year or for a period exceeding one lease year in lease agreements with a term of one year or more, the lessor may terminate the lease agreement through litigation within one month starting from the end of the lease period and the end of the lease year in which the notices were made in leases with a term of more than one year.".

There are three different methods for evicting a tenant who does not pay rent regularly or at all: 

• Eviction of the tenant with justified notice: In case of non-payment of two lease payments for the same lease year, two notices must be sent to the tenant. After sending the notice, an eviction lawsuit must be filed within one month from the end of the lease year.
• Eviction of the tenant by default: The tenant is warned with a notice in case of non-payment of rent. The content of the notice should state that "the rent must be paid within 30 days, otherwise the contract will be terminated". If the tenant pays the rent within 30 days, he/she will not be evicted. However, if the payment is not made, the eviction of the tenant is carried out through execution.
• Eviction of a tenant through enforcement: In case of non-payment of rent, the tenant may initiate enforcement proceedings for eviction. With this proceeding, the unpaid rent can be demanded, and the tenant can be evicted from the house. However, if only the rent is demanded, enforcement proceedings without a judgment will be sufficient.

2. Presence of an eviction commitment letter

The document containing the tenant's declaration that he/she will vacate the house by a certain date is called an eviction commitment letter. The eviction of the tenant due to the existence of the eviction commitment letter is regulated in Article 352/1 of the Turkish Code of Obligations and according to the relevant article; "If the tenant has undertaken in writing to vacate the leased property on a certain date after the delivery of the leased property, but has not vacated the leased property, the lessor may terminate the lease agreement within one month starting from this date by applying for execution or filing a lawsuit.".

Accordingly, if there is an eviction undertaking, the tenant must leave the house when the undertaking expires. If the tenant does not move out within the promised period, an eviction lawsuit must be filed within one month from the end of the specified period. It should also be noted that for the lawsuits filed as of September 1, 2023, the relevant lawsuits must be subject to the mediation process. If the parties cannot reach an agreement at the end of the mediation process, they may file a lawsuit by attaching the statement of non-agreement to their lawsuit petition. In addition, the lessor may also initiate enforcement proceedings against the tenant to evict the tenant (Art. 352/1 of the TCO).

3. The Lessor's Need for a House for Himself or His Relatives

The lessor may request the eviction of the tenant if the lessor himself or his relatives (the lessor's spouse, heirs, descendants, or other persons who are legally obliged to take care of the lessor) need the house. The eviction of the tenant due to the need of the lessor himself or his relatives for the house is regulated in Article 350/1 of the Turkish Code of Obligations and is expressed as follows “If he/she is obliged to use the leased property for himself/herself, his/her spouse, his/her spouse, his/her descendants, his/her ascendants or other persons he/she is legally obliged to take care of, he/she may terminate the lease by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination under the general provisions regarding the lease in the case of fixed-term contracts and the case of indefinite-term contracts." 

For the lessor to terminate the contract and evict the tenant due to the need for housing, the need must be real and sincere. If a lease agreement is for a definite term, an eviction lawsuit can be filed at the end of the contract period, and if it is for an indefinite term, an eviction lawsuit can be filed within one month by complying with the termination period and notice periods. If the contract is of indefinite duration, each six months is considered as a termination period and the contract can be terminated at the end of this period. However, the tenant must be notified three months before the end of the contract. 

If the tenant fails to vacate the house despite this notice, it is possible to file an eviction lawsuit. The relevant eviction lawsuit must be filed within one month from the end of the termination period. As of September 1, 2023, the mediation process has become mandatory for the lawsuits filed. If the parties are unable to reach an agreement, they may file a lawsuit by attaching a statement of non-agreement to their lawsuit petition. At the end of the lawsuit, if it is determined that the need for housing is real and sincere, the court will decide to evict the tenant. If the house is evicted due to the need as a result of the decision; the immovable property cannot be rented to anyone other than the former tenant for three years.

4. The Necessity of Renovation of the Leased Property

 If the leased property needs renovation, eviction may be requested. The eviction of the tenant due to the need for renovation of the leased property is regulated in Article 350 of the Turkish Code of Obligations and it is stated as follows: "If it is necessary to repair, expand or change the leased property for reconstruction or reconstruction and the use of the leased property is impossible during these works, the tenant may terminate the lease by filing a lawsuit within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the notice of termination under the general provisions regarding the lease in indefinite term contracts.".

Due to the need for renovation of the leased property, the eviction of the tenant requires a substantial renovation, and the use of the house should not be possible due to this renovation. Therefore, this eviction procedure cannot be used for minor renovations. If there are conditions and the contract is of indefinite duration, each six months is considered as a termination period and the contract can be terminated at the end of this period. The tenant must be notified three months before the end of the contract.

If the tenant fails to evict despite this notice, an eviction action must be filed within one month from the end of the relevant termination period. If the contract is for a fixed term, an eviction lawsuit must be filed within one month from the end of the term of the contract. As of September 1, 2023, the lawsuits to be filed as of September 1, 2023, will be subject to the mandatory mediation process, so mediation should be applied before the lawsuit. If the parties cannot reach

an agreement at the end of the mediation process, they can apply to the lawsuit with a statement of non-agreement. If the tenant is evicted as a result of the eviction lawsuit; the immovable will not be rented to anyone other than the former tenant for three years.

5. Nuisance to Neighbors

As a result of the lease agreement, certain responsibilities are imposed on the tenant. According to Article 316/1 of the Turkish Code of Obligations, one of them is to show the necessary respect to the neighbors of the tenant and not to cause disturbance to the neighbors. In case the tenant violates these obligations, eviction of the leased property may be requested. According to the following paragraphs of the relevant article, the lessor, in the case of residential and roofed workplace leases, gives at least thirty days' notice in writing to remedy the breach, otherwise, he will terminate the agreement. In other lease relationships, the lessor may terminate the agreement immediately with a written notice without prior notice to the tenant. In cases where it is understood that the period to be given to the tenant will be useless or the tenant's behavior contrary to this obligation is unbearable for the lessor or the persons living in the same immovable or neighbors, the lessor may terminate the contract immediately with a written notice.

6. Existence of a House Owned by the Tenant

If the tenant or his/her spouse has another house within the same district or municipality, the eviction of the leased immovable may be requested. To request eviction, the lessor must not have known about this situation during the conclusion of the contract.

The eviction of the tenant due to the existence of a house belonging to the tenant is regulated in Article 352/3 of the Turkish Code of Obligations and it is stated as follows: "If the tenant or his/her spouse has a residence suitable for residence within the municipal boundaries of the same district or town if the lessor does not know this at the time of the establishment of the lease agreement, he/she may terminate the agreement through litigation within one month starting from the end of the agreement." Under this provision, the lessor may request the eviction of the tenant by filing a lawsuit within 1 month from the end of the lease year included in the contract. As of September 1, 2023, the lawsuits to be filed will be subject to the mandatory mediation process. If an agreement cannot be reached at the end of the mediation process, they can file a lawsuit by attaching the statement of the non-agreement to their lawsuit petition.

7. The Bankruptcy of the Tenant

The eviction of the tenant due to bankruptcy of the tenant is regulated under Article 370 of the Turkish Code of Obligations. In the event of the bankruptcy of the tenant, the contract automatically terminates at the time of the bankruptcy. The lessor shall be obliged to continue the contract until the end of the lease year, provided that sufficient security is given for the rent in progress and the goods recorded in the minutes. The lessor may terminate the contract if no security is given until the end of the relevant period.

8. Expiration of 10 Years in Indefinite Term Lease Agreements

Article 347 of the Turkish Code of Obligations regulates the eviction of the tenant upon the expiration of 10 years from the conclusion of the lease agreement. If the lease agreement was concluded 10 years or more years ago, the lessor may request the termination of the agreement without giving any reason. To request the termination of an indefinite-term contract, the termination period and termination notice periods must be complied with. The legal termination period is the end of the 6-month lease period and the termination notice period is 3 months. If the lessor wants to terminate the agreement to be valid at the end of the 6-month termination period, it must give written notice at least three months in advance. If the termination period or notice period stipulated in the contract or the law is not complied with, the notice will be valid for the next termination period.

9. Expiration of 10 Years in Fixed-Term Lease Agreements

Article 347 of the Turkish Code of Obligations regulates the eviction of the tenant upon the expiration of 10 years in fixed-term lease agreements. In fixed-term lease agreements, unless the tenant notifies in writing at least 15 days before the end of the lease term, the agreement is deemed to be extended for one more year. If ten more years pass beyond the period specified in the contract, the lessor has the right to terminate the contract for each extension year.

For this purpose, the lessor must give a written notice at least three months in advance. If the lessor uses this right of innovation, the contract will be terminated and there will be no need to file a lawsuit. However, in cases where the tenant does not evacuate the leased property, the lessor must file a lawsuit to recover the leased property. As of September 1, 2023, the lawsuits to be filed as of September 1, 2023, will be subject to the mandatory mediation process, and if an agreement cannot be reached at the end of the mediation process, they can apply to the lawsuit by attaching the statement of the non-agreement to the lawsuit petitions.

Competent and Authorized Court in Eviction Cases

Under Article 4 of the Code of Civil Procedure No. 6100, the Civil Courts of Peace are authorized in eviction cases. The competent court in such cases is the court of the defendant's domicile according to the general rules of jurisdiction, the court of the place where the contract will be performed according to Article 10 of the Civil Procedure Code, and the court of the place where the immovable is located.