The rental relationship is regulated under the Turkish Code of Obligations (TCO) with mandatory provisions that accept the tenant as the weaker party and protect them (especially in residential and roofed workplace rentals). Therefore, for a lessor to evict a tenant, it is of great importance to rely on the limited reasons specified in the law and to strictly comply with the rules of procedure.
The critical points and obligations that the lessor must pay attention to in order to avoid loss of rights and to complete the legal path correctly during the eviction process are detailed below:
I. Limitation of Eviction Grounds and the Principle of Tenant Protection
The legal grounds that a lessor can apply for to evict a tenant are listed as limited (numerus clausus) in the law.
Prohibition of Changing Lawsuit Grounds: Provisions regarding the termination of the lease agreement through a lawsuit cannot be changed to the detriment of the tenant (TCO Art. 354). Even if the parties add a termination/eviction reason to the contract that is not written in the law, this reason will not give the lessor the right to unilateral termination.
No Ownership Requirement: The lessor does not have to be the owner; it is possible to rent out an immovable belonging to someone else, and rights arising from the contract belong to the parties of the contract as a rule.
Prohibition of Use of Force: The lessor cannot forcibly remove the tenant from the house even based on one of the limited cases listed in the law. Eviction can only be achieved by a court order and by following legal processes.
Legal Characterization: The legal reason forming the basis of the eviction request must be correctly identified, and legal characterization should not be done incorrectly; otherwise, the risk of loss of rights is high.
II. Periods and Form Requirements in Eviction Procedures
The periods and written form requirements in eviction processes are of a forfeiting nature, and failure to comply with them results in the dismissal of the lawsuit.
Written Form Obligation: In residential and roofed workplace rentals, the notice of termination must be made in writing to be valid.
Litigation Periods: Lawsuits based on many eviction reasons originating from the lessor (need, reconstruction) must be filed within one month starting from the end of the term in fixed-term contracts and from the date to be determined in accordance with the termination period in indefinite-term contracts (TCO Art. 350).
Extending the Litigation Period: If the lessor has notified the tenant in writing that a lawsuit will be filed within the one-month period stipulated for filing a lawsuit, the litigation period is deemed to be extended for one rental year. It is critical that this notification is made within the litigation period at the latest.
Termination at the End of the 10-Year Extension Period: If the lessor wishes to terminate the lease agreement without showing any reason at the end of the ten-year extension period, they must give written notice to the tenant at least three months before the end of each extension year following this period. Incorrect determination of the extension year leads to the dismissal of the lawsuit.
III. Specific Considerations for Grounds Originating from the Lessor
Eviction Due to Necessity (TCO Art. 350/1, 351):
Proof of Necessity: The housing or workplace requirement of the lessor or their relatives listed in the law (spouse, descendants, ancestors, or other persons they are obliged to look after by law) must be proven as real, sincere, and compulsory in the trial. Temporary needs or situations that have not yet arisen are not accepted as grounds for eviction.
New Owner’s Periods: If the new owner (the person who subsequently acquired the property) requests eviction for themselves or their relatives, they must notify the tenant in writing within 1 month from the date of acquisition and file the eviction lawsuit six months later. Alternatively, the new owner may exercise the right to sue within one month from the end of the lease agreement.
Eviction Due to Reconstruction or Development (TCO Art. 350/2):
Substantiality and Impossibility: It is required that the repair, extension, or alteration processes to be carried out are substantial, aim at development, and it is technically understood (usually by an expert report) that the use of the leased property is impossible during these processes. Repairs aimed solely at increasing income are not considered grounds for eviction.
IV. Specific Considerations for Grounds Originating from the Tenant
Written Eviction Undertaking (TCO Art. 352/1):
Validity Conditions: For the undertaking to be considered valid, the lessor must pay attention to the following:
The undertaking must be in writing.
The undertaking must be given at a date after the delivery of the leased property to the tenant. Undertakings given at the same time as or before the lease agreement are generally invalid.
A specific eviction date must be clearly expressed in the undertaking; expressions open to arbitrariness such as “whenever the lessor wants” will not be accepted as valid.
Lawsuit/Execution Proceeding Period: If the tenant does not leave on the committed date, the lessor must start execution proceedings or file an eviction lawsuit within one month.
Non-payment of Rent (Default and Two Justified Notices):
Eviction Due to Default (Single Notice – TCO Art. 315): The lessor must notify the tenant in writing, giving a period of at least thirty days to make payment, and clearly state that the contract will be terminated if payment is not made within this period.
Eviction Due to Two Justified Notices (TCO Art. 352/2):
The notices must be in writing and relate to rent for different months within the same rental year.
The notices must clearly state the amount of rent requested and for which month it belongs.
The lawsuit must be filed within one month starting from the end of the lease term or the rental year in which the notices were made.
Breach of Duty of Care and Neighborhood Law (TCO Art. 316):
The lessor must give the tenant at least thirty days in writing to remedy the breach. In cases where the tenant intentionally causes serious damage to the property, the lessor may terminate the contract immediately with a written notice.
V. Re-leasing Prohibition and Liability for Compensation
Three-Year Re-leasing Prohibition: The lessor cannot rent the property to anyone other than the former tenant for three years unless there is a justified reason.
Compensation Risk: If the lessor acts contrary to these prohibition provisions, they are obliged to pay compensation to the former tenant, not less than one year’s rent paid in the last rental year (TCO Art. 355).
VI. Conclusion
In order not to miss the periods, to send the notices on time and according to the correct legal basis, it is important to receive professional legal support from expert lawyers.