Tenant Eviction

TENANT EVICTION CONDITIONS AND LEGAL PROCEDURE IN TURKEY

Tenant eviction process in Turkey is a frequently encountered issue that needs to be handled with care. While tenants aim to exercise their constitutionally guaranteed right to housing, landlords seek eviction of tenant based on changing special conditions. Legislation provides significant protection to tenants, while also offering landlords various eviction routes for tenants. The eviction reasons discussed in this article are specific to residential and business rentals and thus cannot be applied to other rental agreements.

It is important to note that, in the Turkish Legal System, the existence of reasons specified in the law is required for an eviction lawsuit in Turkey. Unless the legal conditions for tenant eviction are met, it is not possible to evict a tenant through an eviction lawsuit. In this article, we have provided answers to questions such as the conditions required for tenant eviction in Turkey, the procedure to follow, the requirements for an eviction lawsuit, and the conditions for tenant eviction.

HOW TO EVICT A TENANT IN TURKEY?

The first thing that comes to mind when asking how to evict a tenant in Turkey is the belief that the tenant can be evicted upon the expiration of the rental period. Contrary to popular belief, it is not possible to evict a tenant just because the rental agreement has ended. A tenant can only be evicted if the conditions for eviction specified by law are present. However, even during the rental period, the landlord can request the eviction of the tenant through an eviction lawsuit if there are valid reasons.

The legal removal of a tenant from a rented property for any reason is called "tenant eviction." The reasons for tenant eviction in Turkey are varied and are detailed in the law. The fundamental provisions for tenant eviction are found in Article 347 and the following articles of the Turkish Code of Obligations No. 6098. Additionally, various regulations regarding tenant eviction in Turkey are present in the legislation. This article explains what needs to be known about these provisions in detail and answers frequently asked questions.

To learn more about other disputes that may arise from the rental relationship, you can visit our pages on "Objection to High Rent Increase" and "Real Estate Law."

REASONS FOR TENANT EVICTION IN TURKEY AND WAYS TO EVICT A TENANT THROUGH AN EVICTION LAWSUIT

The reasons for tenant eviction in Turkey are specified in the Turkish Code of Obligations. The landlord can evict the tenant based on one of these reasons. If these reasons do not exist, the tenant cannot be asked to vacate the property even if the rental agreement is for a fixed term. How is a tenant evicted in Turkey?

• Eviction of a Tenant for Non-Payment of Rent

The most commonly encountered reason for tenant eviction in practice is the eviction of a tenant through an eviction lawsuit for non-payment of rent. This method, also known as eviction due to default, is the easiest way to evict a tenant. However, the procedure of eviction of tenant for non payment of rent through an eviction lawsuit in Turkey is a legally intensive process. To briefly summarize:

Step 1: An eviction notice is first sent to the tenant for unpaid rent. This notice states that the tenant must pay the rent within 30 days, otherwise the landlord will terminate the contract. Theeviction notice must include the month(s) for which the rent is unpaid, the amount, and other details.

Step 2: If the tenant does not pay within the specified period despite the eviction notice, the landlord can evict the tenant through an eviction lawsuit in Turkey. It is important to note that the landlord cannot self-evict the tenant if the payment is not made within the period specified in the notice. An eviction lawsuit is mandatory for eviction of tenant for non payment of rent.

Step 3: The landlord can initiate enforcement proceedings with an eviction request against the tenant to demand the eviction of the property. In this enforcement proceeding, the landlord requests both the eviction of the property and the payment of the unpaid rents. The payment order sent to the tenant gives them 30 days to pay, and if payment is not made or the enforcement proceeding is contested, the landlord gains the right to file an eviction lawsuit in Turkey. If the landlord opts for the enforcement proceeding route, sending an additional notice is not necessary. The payment order sent by the enforcement office, which gives a 30-day payment period, acts as the eviction notice.

Step 4: After all these steps are completed, an eviction lawsuit is filed, and the conditions for tenant eviction are examined by the judge based on the parties' objections and evidence. If the court determines that the rent has not been paid, it rules in favor of the landlord and orders the eviction of the tenant.

• Eviction Due to Non-Payment of Rent with Two Valid Notices

According to the second paragraph of Article 352 of the Turkish Code of Obligations, a reason for the eviction of tenants in residential and roofed workplaces is the issuance of two valid eviction notices by the landlord due to the non-payment of rent. It is generally expected that the tenant pays the rent on time and in full. However, there may be situations where the rent is not paid on time or is paid incompletely. If the tenant has delayed or failed to pay the rent, the landlord has the right to send a written notice. It is important to make three distinctions at this point:

1. Rental agreement of less than one year: If two valid notices have been issued during the rental period, the landlord can terminate the rental agreement through an eviction lawsuit within one month from the end of the rental period.
2. Rental agreement of one year: If two valid notices have been issued within this period, the landlord can request the eviction of the tenant through an eviction lawsuit within one month from the end of the rental period.
3. Rental agreement of more than one year: If two valid notices have been issued within this period, the landlord can terminate the rental agreement through an eviction lawsuit within one month from the end of the year in which the notices were issued.

• Eviction Based on Eviction Commitment

According to the first paragraph of Article 352 of the Turkish Code of Obligations, another reason for an eviction lawsuit against the tenant is eviction based on a written eviction commitment. A document in which the tenant undertakes to vacate the rented property on a specific date is called a "written eviction commitment." For the written eviction commitment to be considered valid, it must be prepared after the tenant has taken possession of the rented property. In other words, if it is prepared before the tenant takes possession of the property, for example, while signing the rental agreement, the written eviction commitment is not legally valid.

However, if the commitment is valid, the tenant must vacate the property on the specified date. If the property is not vacated despite the commitment, the landlord can initiate enforcement proceedings or file a lawsuit within one month from the committed date to terminate the rental agreement.

The most common situation in practice is the landlord obtaining a blank eviction commitment from the tenant. Although eviction commitments given by the tenant while signing the rental agreement are not valid, undated eviction commitments given at that time are later filled in by the landlord and used in eviction lawsuits. The Supreme Court considers blank eviction commitments valid and treats them as a "signature on a blank paper." Therefore, tenants should be prepared for the possible consequences of giving an eviction commitment with the date left blank to the landlord.

• Eviction Due to the Need of the Landlord or Their Relatives

According to the first paragraph of Article 350 of the Turkish Code of Obligations, one of the conditions for tenant eviction in Turkey is the housing need of the landlord. According to the law, if the landlord needs to use the rented property for themselves, their spouse, their descendants, their ascendants, or other persons they are legally obliged to care for, they can evict the tenant by filing an eviction lawsuit in Turkey.

However, this need must be real and sincere. The sincerity required by the law means that the landlord genuinely needs the property for themselves, their spouse, their descendants, or other persons they are legally obliged to care for. If the landlord has another available property, the eviction lawsuit filed based on this need will be rejected. Therefore, the landlord must prove to the court with evidence that this housing need is genuine and not hypothetical.

If the landlord's need for housing or workplace is sincere, they can file an eviction lawsuit within one month at the end of a fixed-term rental agreement or by adhering to the termination period and notification periods for indefinite-term rental agreements. During the court process, the genuineness and sincerity of the housing need will be evaluated, and if deemed genuine, the eviction of the tenant will be ordered. Additionally, if the tenant is evicted due to this need, the rented property cannot be leased to anyone other than the previous tenant for three years according to Article 355 of the Turkish Code of Obligations.

• Eviction Due to the New Owner's Need

According to Article 351 of the Turkish Code of Obligations, another condition for evict a tenant in Turkey in residential and roofed workplaces is the need of the new owner. If the rented property changes hands for any reason after the rental relationship has begun, the new owner becomes a party to the rental agreement. The rental agreement is considered transferred, and the new owner is responsible under this rental agreement.

The new owner can continue the rental agreement under the same conditions in place of the previous owner. However, the new owner can also terminate the agreement due to their needs for the property. In this case, the new owner must notify the tenant in writing within one month from the date of the property's transfer and can file an eviction lawsuit after six months.

Alternatively, the new owner can choose to terminate the agreement by filing a lawsuit within one month from the end of the rental period. The most critical aspect in this scenario is that the new owner must ensure that the notification reaches the tenant within one month. Simply sending a notice is not sufficient; the new owner must prove that the tenant received the notification within one month from the date of sale.

• Eviction Due to Reconstruction or Urban Renewal

According to the second paragraph of Article 350 of the Turkish Code of Obligations, another reason for eviction of tenant in residential and roofed workplaces through an eviction lawsuit is if the rented property is to be reconstructed or redeveloped. If the property needs to undergo substantial repairs, enlargement, or alteration, making it unusable by the tenant during this process, the rental agreement can be terminated. Therefore, the reconstruction or redevelopment must be significant, and the property must be unusable during this process. This method cannot be used for minor repairs.

If these conditions are met, an eviction lawsuit can be filed within one month at the end of a fixed-term rental agreement or by adhering to the termination period and notification periods for indefinite-term rental agreements. The court will evaluate the conditions for reconstruction and renovation in the lawsuit and issue an eviction order if the conditions are met. If the property is vacated due to reconstruction or renovation, it cannot be rented to anyone other than the former tenant for three years.

• Eviction Due to Disturbance of Neighbours

Tenants are required to respect their neighbours and adhere to the rules of good neighborliness. Violations of these obligations can be grounds for eviction of tenant in Turkey. Nowadays, landlords can suffer significant damages due to irregular or contract-violating use of the rented property.

To protect landlords from such damages, especially during the maintenance and termination of rental relationships, tenants are obligated to use the property carefully and respect their neighbors as stipulated in Article 316 of the Turkish Code of Obligations. This obligation applies to all rental agreements by its nature.

Respecting neighbors is a fundamental principle of communal living. According to the jurisprudence of the Court of Cassation, actions such as disturbing neighbors, causing unrest, using the rented property as a brothel, insulting the landlord, threatening with death, and playing loud music are considered violations of neighborly conduct.

According to Article 316/2 of the Turkish Code of Obligations, if a tenant violates this obligation, the landlord in residential and roofed workplace rentals must send a written notice, giving the tenant at least 30 days to rectify the violation, stating that otherwise, the contract will be terminated.

• Eviction of a Tenant After 10 Years

Eviction of a tenant who has rented for 10 years must be considered separately for fixed-term and indefinite-term lease agreements.

a) Eviction in Indefinite-Term Lease Agreements:

In indefinite-term lease agreements, the landlord has the right to evict the tenant without any specific reason at the end of ten years. However, the landlord must comply with the notice periods stipulated by law to exercise this right.

The legal termination period is the date when the six-month rental period ends. The notice period for termination is three months.

Therefore, the landlord can terminate the lease by giving the tenant written notice at least three months before the end of the six-month termination period. If the notice period specified in the contract or by law is not followed, the notice will be valid for the next termination period.

b) Eviction in Fixed-Term Lease Agreements:

In fixed-term lease agreements, if the tenant does not provide written notice at least 15 days before the end of the lease period, the lease is automatically extended for another year. If the lease continues to extend for ten additional years, the landlord gains the right to tenant eviction in Turkey at the end of the tenth extension year.

In this case, the landlord can terminate the lease by providing written notice at least three months before the end of each extension year following the tenth extension year. It is important to note that the eviction of a 10-year tenant can only be requested through a lease termination lawsuit starting from the 11th year after the 10-year lease period has elapsed.

WHERE TO FILE A TENANT EVICTION LAWSUIT IN TURKEY?

The court responsible for handling eviction lawsuits is the civil court of first instance. However, this court does not have exclusive jurisdiction. Therefore, the lawsuit can also be filed in the civil court of first instance located in the defendant's place of residence or where the contract is to be performed. The competent court is the court where the property is located, but it is not mandatory to file the lawsuit there.

HOW LONG DOES AN EVICTION LAWSUIT TAKE IN TURKEY?

There is no definitive answer to how long an eviction lawsuit takes in Turkey. The duration depends on the content of the case, the workload of the court hearing the case, the location where the lawsuit is filed, and whether the tenant exercises their right to appeal.

On average, a typical eviction lawsuit in Turkey takes about 2 to 2.5 years. However, due to recent regulations on rental relationships and the limitation of rent increase rates to 25%, the number of disputes has increased significantly. Courts, due to their workload, are unable to allocate the necessary time to cases, extending the judicial process. Therefore, the most accurate answer to how long an eviction lawsuit takes is that it varies depending on the court and its workload.

MANDATORY MEDIATION IN RENTAL DISPUTES IN TURKEY

In recent years, mandatory mediation for resolving rental disputes in Turkey has been introduced as a significant change in the Turkish legal system. Mandatory mediation is an alternative dispute resolution method that aims to reach an agreement between parties before going to court. This mechanism aims to provide faster and more effective solutions by alleviating the burden on the judicial system.

Mandatory mediation in rental disputes in Turkey came into effect on September 1, 2023. According to the Turkish Code of Obligations, parties must apply to a mediator before filing a lawsuit for disputes arising from residential and roofed workplace rental agreements. If a lawsuit is filed without applying to a mediator, the court will dismiss the case due to a lack of procedural requirements.

However, mandatory mediation in rental disputes in Turkey is not applicable in every situation. For example, eviction lawsuits due to non-payment of rent are not subject to mandatory mediation and can be pursued directly through legal action.

The mandatory mediation process begins with the parties coming together under the supervision of a mediator. The mediator guides the parties impartially and fairly, helping them move towards an agreement. During this process, the rights of the parties are protected, and a fair resolution is sought.

Mandatory mediation aims to resolve rental disputes in Turkey quickly while ensuring the parties' rights are upheld. By reducing the judicial system's burden and accelerating the resolution process, it contributes to the more orderly and fair conduct of rental relationships.

In conclusion, mandatory mediation in rental disputes in Turkey aims to manage legal processes more effectively and efficiently. Understanding this process correctly and taking the necessary steps will significantly contribute to achieving a fair resolution.

WHAT HAPPENS IF A RENTED HOUSE IS SOLD?

The Turkish Code of Obligations includes provisions aimed at protecting tenants. The goal is to ensure that the tenant is not harmed in the event that the rented house is sold. If the landlord has signed a lease agreement with the tenant before selling the house, this agreement and its terms remain valid after the sale. This means that the new owner must comply with the terms of the existing agreement. The new owner cannot evict the tenant without adhering to the conditions specified in the law regarding tenant eviction in Turkey.

However, if the new owner wishes to use the house for their own needs, they can request the tenant's eviction by fulfilling certain conditions as per the Turkish Code of Obligations. In this case of eviction for need, the new owner must give notice at least one month in advance from the date of acquisition of the house. If the tenant does not vacate the property within the specified time, the new owner can file an eviction lawsuit for the stated need.

In summary, the Turkish Code of Obligations protects the rights of the tenant in the event that the landlord sells the rented house, while also providing a legal basis for the new owner's request for eviction under certain conditions. For detailed information on this topic, you can check our article titled "Tenants' Rights After Sale of the Rented House."

IS IT POSSIBLE TO EVICT A TENANT IN TURKEY WITHOUT A WRITTEN LEASE AGREEMENT THROUGH A LAWSUIT?

Lease agreements do not have to be made in writing in Turkey. Therefore, a verbally agreed lease is legally valid. However, it should be noted that having a written contract is more appropriate for documenting the agreement and proving claims in case of a dispute.

In cases where there is no lease agreement, challenges may arise in the tenant eviction process in Turkey regarding proof. However, if it can be demonstrated before the court that a lease agreement exists between the parties, the landlord can evict the tenant based on the grounds for eviction of tenant in Turkey specified in the law. The most crucial aspect of this case is to prove that a lease agreement exists, even if verbally.

First, the landlord has the obligation to prove that the property is being used by tenants. Various means can be used in this proof process. For instance, if rent payments are made through the bank, bank records can be requested by the court to prove the existence of the lease agreement. Additionally, utility bills (electricity, water, or natural gas) issued in the tenant's name can also be used to establish the existence of the lease.

Once the existence of the lease agreement is proven in court using the above methods, an eviction lawsuit can be filed if the grounds for eviction of tenant in Turkey specified in the Turkish Code of Obligations are met.

HOW TO FILE EVICTION LAWSUITS IN THE EVENT OF THE LANDLORD'S DEATH?

If the landlord passes away during the lease, the eviction lawsuit in Turkey is filed by the landlord's legal heirs. The heirs are officially identified with a "certificate of inheritance." This document is issued by the court or a notary and clearly specifies the heirs of the deceased landlord.

In the event of the landlord's death, there will be mandatory co-partnership among the heirs. This means that all heirs who are parties to the lease agreement must act together to file the eviction lawsuit. Heirs cannot file separately and must cooperate with one another.

Additionally, rental disputes in Turkey may arise among the heirs due to the landlord's death. In such cases, the court will guide the parties to find a fair resolution. During this process, the legal rights and responsibilities of the heirs will be carefully assessed, and necessary steps will be taken to ensure justice.

WHAT IS THE EASIEST WAY TO EVICT A TENANT IN TURKEY?

Laws and regulations contain significant provisions to protect tenants' rights in Turkey. Therefore, ensuring a tenant eviction process in Turkey can be a challenging. The Turkish legal system safeguards tenants' rights, preventing landlords from unjustly evicting them.

For a tenant eviction in Turkey, specific reasons must be explicitly stated in the law, and the existence of these reasons must be confirmed by a court decision. Thus, for landlords, achieving grounds for eviction of tenant in Turkey adherence to legal processes and procedures. This situation can pose various challenges for landlords, making it essential to seek proper legal advice.

Below are five conditions considered the easiest ways to evict a tenant in Turkey in practice:

• Eviction through enforcement if the rent is not paid.
• Filing an eviction lawsuit if there is a necessity to use the property for the landlord, their spouse, descendants, ancestors, or others they are legally obliged to support.
• Filing an eviction lawsuit if essential repairs, reconstruction, or modifications are required that make the use of the rented property impossible.
• Obtaining a declaration of intent to vacate.
• Applying the procedure for the eviction of a tenant after 10 years.

Evicting a tenant in Turkey is a significant process that requires legal knowledge and experience. Tenant eviction process in Turkey involves numerous procedures and details. Additionally, failure to comply with the provisions of the Turkish Code of Obligations can lead to loss of rights for the parties involved. Therefore, working with an eviction lawyer in Turkey is crucial. You can find detailed information about the duties of an eviction lawyer on our "Rental Law Attorney" page.

The guidance and expertise of an eviction lawyer in Turkey play a critical role in ensuring the tenant eviction process in Turkey proceeds smoothly and fairly, protecting the rights of the parties involved. Given the complexity of the eviction process, the guidance of a specialized eviction lawyer in Turkey ensures that the parties take the right steps and manage the legal process effectively.

Originally published by 19 July, 2024

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.