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Tenant Eviction in Turkey: Grounds, Mediation, Court and Acting From Abroad

The keys of a flat being handed over in a tenant eviction in Turkey.

In Turkey, a tenant can be evicted on a legal ground such as unpaid rent, personal need, purchase of a tenanted property or an eviction undertaking, or by notice after the 10-year extension period. Applying to a mediator is mandatory before an eviction action arising from a tenancy; eviction through enforcement without a judgment is outside this requirement. Before a route is chosen, the eviction ground, the lease term, the lease year, the acquisition date and the service of notice must be established.

Can a tenant be evicted when the lease term ends?

No. In residential and roofed business premises leases, the end of the contractual term does not by itself give the landlord a right to evict. The main law governing tenancies is the Turkish Code of Obligations No. 6098. The rule in the Code is clear: "The landlord cannot terminate the contract by relying on the expiry of its term". If the tenant does not give notice at least 15 days before the term ends, the contract is deemed extended for 1 year on the same terms (Turkish Code of Obligations, Art. 347). This right to give notice belongs only to the tenant.

The time limit of this protection is the 10-year extension period. Once this period has ended, the landlord may terminate the contract without giving a reason by serving notice at least 3 months before the end of each following extension year. In a fixed-term lease, the 10 years are counted from the extensions that begin after the first lease term ends, not from the start of the contract; in an indefinite-term lease, they are counted from the start of the tenancy.

For this reason, the idea that "the 1-year contract has ended, so the tenant must leave" is wrong. This article explains the landlord's side of residential and roofed business premises leases; the deposit, rent increases and the tenant's rights are covered separately in the guide for the tenant's side.

How is a tenant evicted: which eviction routes exist?

A tenant can only be evicted through enforcement proceedings or a court action based on a ground listed in the law; each ground has its own deadline and authority. In rent disputes, the civil court of peace has jurisdiction regardless of the amount; in eviction through enforcement without a judgment, the enforcement office and the enforcement court are involved. In the language of rent and eviction law, enforcement without a judgment means proceedings started at the enforcement office without a court decision.

The table below shows the main eviction routes, the authority to apply to and the deadline that must not be missed.

Main routes for tenant eviction (under the legislation as of November 2026)

Eviction groundRoute and authorityDeadline not to be missed
Unpaid rentEnforcement proceedings or an action at the civil court of peaceAt least 30 days to pay in the written notice or the payment order
Two justified written warningsAction at the civil court of peace1 month from the end of the lease year
Landlord's needAction at the civil court of peace1 month from the end of the lease term
New owner's needAction at the civil court of peaceNotice within 1 month of acquisition, action 6 months after acquisition
Eviction undertakingEnforcement proceedings or an action1 month from the undertaken date
10-year extensionNotice, and an action if necessaryNotice at least 3 months before the end of the extension year

Each eviction route has its own deadline; if the deadline is missed, that route may close. There may be more than one ground against the same tenant, but each proceeds under separate conditions and on a separate timetable.

Which facts are decisive in evicting a tenant?

The route for evicting a tenant is determined by the lease term, the lease year, the acquisition date, the dates of the written notices and their service, any eviction undertaking and the power of attorney. The sentence "the tenant does not pay the rent and does not leave" does not by itself show which route is open. Of two files that look the same, one may proceed through enforcement and the other only through a court action. The choice of route depends on these facts:

  • the start date and term of the contract,
  • the current lease year and the extensions,
  • the acquisition date of the property and the land registry record,
  • the period and amount of the unpaid rent,
  • the written notices sent and the dates of service,
  • the date of the eviction undertaking and the handover date,
  • the genuine need of the owner or a relative to use the property,
  • the scope of the power of attorney.

A route chosen without reading these facts together may be rejected because a deadline was missed or a procedural precondition for the action is lacking. The dates must be taken from documents such as the lease agreement and the land registry record; the oral statement of an estate agent or the tenant is not sufficient. For example, the rent may have gone unpaid in the same month in two files. The eviction route for unpaid rent, however, opens only in the file where the 30-day payment period was properly given by written notice or by payment order.

How is a tenant who does not pay the rent evicted?

A tenant who does not pay the rent is sent a written notice that gives a period for payment and states that the contract will be terminated if payment is not made. In residential and roofed business premises leases, this period is at least 30 days (Turkish Code of Obligations, Art. 315). The period runs from the day after the written notice is given to the tenant, that is, after service of notice. If payment is not made within the period, the landlord may terminate the contract and seek eviction. Failure to pay the rent on time is called default in law.

Before the notice, the amount of rent that has fallen due, that is, whose payment date has arrived, must be calculated correctly. A disputed rent increase or a payment made to an intermediary may weaken the default; bank records are therefore decisive.

A payment the tenant makes to an estate agent is valid if the owner has authorised the agent to collect the rent, for example by a power of attorney; without such authority, as a rule, it does not release the tenant from the debt.

There is also a route separate from default. An action may be brought within 1 month from the end of the lease year against a tenant who has given cause for two justified written warnings within one lease year. A justified warning is a written warning sent because the rent was in fact not paid.

The difference between eviction through enforcement and an eviction action

For unpaid rent, the enforcement route proceeds without mediation and under the supervision of the enforcement court, while an eviction action proceeds at the civil court of peace after mediation.

On the enforcement route, the landlord starts proceedings for the unpaid rent at the enforcement office, and the payment order contains, for a residence, the 30-day payment period and a warning that eviction may be sought if payment is not made. The tenant may object to the payment order within 7 days. If the tenant does not object and does not pay the rent on time, the enforcement court orders eviction on the landlord's request made within 6 months from the end of the notice period.

If the tenant objects, the proceedings stop and the lifting of the objection is requested from the enforcement court; if this is not requested within 6 months from service of the objection, enforcement without a judgment cannot be pursued for the same claim. On the court route, the landlord brings an eviction action for default at the civil court of peace. Which route is more suitable depends on the likelihood of the tenant objecting and on the strength of the documents.

How does a landlord evict a tenant because of personal need?

The landlord may bring an eviction action if they, their spouse, descendants, ascendants or persons they are obliged to support need the property as a home or workplace. In a fixed-term lease, the action is brought within 1 month from the end of the lease term (Turkish Code of Obligations, Art. 350).

In an indefinite-term lease, the action is brought within 1 month from the date determined by taking into account the termination periods and notice periods. If the landlord notifies the tenant in writing within this period that an action will be brought, the time limit for the action is extended by 1 lease year. These rules on eviction grounds cannot be changed by contract to the tenant's detriment.

The court looks for a need that is genuine, sincere and compelling. A temporary need or one that has not yet arisen is not an eviction ground; the need must also continue throughout the proceedings. A property vacated because of need cannot be let to anyone other than the former tenant for 3 years unless there is a justified reason. Otherwise, compensation of at least 1 year's rent is paid to the former tenant.

Eviction action by an owner living abroad for personal need: what did the Court of Cassation say?

In its decision of 29 June 2021 (E. 2017/1540, K. 2021/878), the Court of Cassation Assembly of Civil Chambers reviewed the case of an owner living abroad. The owner had bought a tenanted flat in Istanbul, notified the tenant of the need for a home by a notarial notice the next day and brought an eviction action. The tenant argued that the claim of a permanent return to Turkey was untrue.

The first-instance court dismissed the action because the return was not proven by passport records. The Assembly of Civil Chambers, however, assessed the witness statements, the document showing that the owner's spouse had resigned from a job in the USA and the residence transfer certificate obtained for the return to Turkey together. It accepted that the need was genuine, sincere and compelling. As the tenant vacated the flat during the proceedings, it held, for the purposes of litigation costs, that the owner had been right when the action was brought.

The decision provides an important standard for an owner abroad. Although the case dates from before Law No. 6098, the Assembly applied the same standard as the current rule on a new owner's need. It did not treat living abroad as an obstacle to need; it required the return to be made concrete by documents. It should not be forgotten that the first-instance court also relied on a statement by the owner that the property had been bought as an investment; such statements may be used against the owner when the sincerity of the need is disputed.

When can a new owner who buys a tenanted flat seek eviction?

A new owner who buys a tenanted flat may bring an eviction action 6 months after acquisition if they give notice of their need within 1 month of acquisition.

Buying a tenanted flat does not end the tenancy; the new owner becomes a party to the lease agreement. If the new owner or their relatives need the property, the owner notifies the tenant in writing within 1 month from the acquisition date. The eviction action may be brought after 6 months have passed from the acquisition date (Turkish Code of Obligations, Art. 351). Alternatively, the owner may exercise the same right by an action brought within 1 month from the end of the lease term.

The idea that "I bought the flat, so the tenant will leave in 6 months" is wrong. The 6 months are the earliest time from the acquisition date at which an action may be brought; eviction also requires proof of the need and a court decision. A promise by the seller or the estate agent that "the tenant will leave" is not a document binding on the tenant.

Because the acquisition date starts the 1-month notice period, the tenancy must be examined before the title deed transfer. A legal review carried out before buying a tenanted flat assesses the lease agreement, any eviction undertaking and the annotations on the title deed together.

The facade of a five-storey apartment building with balconies on a tree-lined street in Istanbul.

How is a tenant evicted with an eviction undertaking?

An eviction undertaking is a document in which the tenant undertakes in writing to vacate the property on a specific date. For the undertaking to be valid, it must have been given after the property was handed over. The landlord may apply for enforcement or bring an action within 1 month from the undertaken date (Turkish Code of Obligations, Art. 352). If this period is missed, the undertaking can no longer be relied on; however, if the landlord notifies the tenant in writing within the period that an action will be brought, the time limit for the action is extended by 1 lease year.

When the undertaking is put into enforcement, an eviction order is sent to the tenant under the eviction order procedure in the Enforcement and Bankruptcy Law. The tenant may object within 7 days; if the tenant does not object, they are required to vacate the property within 15 days. If the tenant objects, the enforcement court may lift the objection if the signature on the undertaking was notarised or acknowledged.

Is an eviction undertaking signed together with the lease agreement valid?

No. An eviction undertaking given together with the lease agreement and before the property is handed over is invalid. In its decision of 18 November 2025 (E. 2025/2741, K. 2025/5408), the Court of Cassation 3rd Civil Chamber held an undertaking signed as an annex to the contract invalid for this reason. The contract stated that the property would not be handed over without the undertaking, and the undertaking was treated as an annex to the contract. The Chamber stated that it had been proven that the undertaking was given together with the contract, before handover to the tenant. It also stressed that consequences attached in the contract to non-compliance with an invalid undertaking would have no effect.

An eviction undertaking given together with the lease agreement, before the property is handed over, is invalid. The date of the undertaking must fall after the handover date; filling in a date left blank at a later stage also leads to a dispute over the signature and the date. The original of the undertaking should be kept and stored together with the handover report.

Is mediation mandatory for tenant eviction?

Yes. Since 1 September 2023, applying to a mediator has been a procedural precondition for an eviction action arising from a tenancy. The law leaves eviction through enforcement without a judgment outside this requirement (Law No. 6325 on Mediation in Civil Disputes, Art. 18/B). As a rule, the mediator concludes the application within 3 weeks; this period may be extended by at most 1 week where necessary.

The table below shows in which eviction route mediation is a procedural precondition for an action.

The mediation requirement in eviction routes (as of November 2026)

Eviction routeMediation requirementNote
Action for need, by a new owner or for two justified written warningsYesIn an action for need, the application is made within the time limit for bringing the action
Eviction action for defaultYesThe action is brought at the civil court of peace
Enforcement without a judgment for unpaid rentNoAn objection is examined by the enforcement court
Enforcement proceedings based on an eviction undertakingNo1 month from the undertaken date

In mediation, agreement can be reached on the eviction date, the unpaid rent and handover. For a settlement document concerning real property to be enforceable, an enforceability annotation must be obtained from the civil court of peace where the property is located.

When should mediation be sought for eviction?

In an eviction action for need, the mediation application must be made after the right to bring the action has arisen, that is, within the time limit for bringing the action. In its decision of 21 October 2025 (E. 2025/3292, K. 2025/5039), the Court of Cassation 3rd Civil Chamber resolved the difference of opinion between regional courts of appeal in this direction. In the words of the decision: "A mediation application made as a procedural precondition before the time limit for bringing the action has started will not satisfy the mediation requirement."

In an action for need, if the mediation application is made before the time limit for bringing the action starts, the procedural precondition is not deemed satisfied. The limitation period does not run from the application until the date the final report is drawn up. An application made after the period has started therefore preserves the 1-month time limit for the action in an action for need.

Example timeline · hypothetical

Consider an owner who seeks eviction for need in a lease ending on 31 May. Expecting that the tenant will not leave, the owner applies to a mediator in April and brings an action in June with the report recording no agreement. Because the application was made before the time limit for bringing the action started, the procedural precondition is not deemed satisfied and the action may be dismissed on procedural grounds. Had the application been made on or after 1 June, the time limit for the action would not have run during mediation.

How does a foreign owner follow a tenant eviction from abroad?

An owner abroad can conduct the eviction process through a power of attorney given to a lawyer in Turkey; as a rule, the owner does not need to come to Turkey. The power of attorney can be issued at a Turkish consulate or in the country where the owner lives; one issued in that country is used with an apostille or consular legalisation, depending on the country, and a translation. The guide to a power of attorney issued abroad explains these options in detail.

The scope of the power of attorney is particularly important for an eviction file. Unless expressly authorised, the representative cannot use alternative dispute resolution methods or settle (Code of Civil Procedure, Art. 74). The authority to apply to mediation and to reach an agreement must therefore be stated expressly in the power of attorney.

Changing the locks or having the electricity and water cut off is not a way to evict. Entering the home, removing belongings or instructing an intermediary to put pressure on the tenant without the tenant's consent or enforcement handover may give rise to civil and criminal liability. An owner abroad may also be held responsible for the consequences of such interference carried out through an estate agent or the building management.

Correspondence with the tenant should be conducted in writing through a single channel. If an intermediary negotiates separately with the tenant, this may produce statements that contradict the route followed by the lawyer.

How is the property taken back after an eviction decision?

An eviction decision or an enforcement court decision does not by itself hand over the keys; if the tenant does not leave voluntarily, eviction is carried out through the enforcement office. If the tenant leaves voluntarily, the handover should be documented with a report. The report records the handover date, the keys, the meter readings and the condition of the property. If an owner abroad cannot attend the handover, their representative or a person they have authorised may sign the report; photographs and video support the report. The electricity, water and natural gas subscriptions should also be transferred on the same day.

Deductions from the deposit and any damage claimed should be supported by evidence such as the contract and photographs. A document meaning "I have no claims" should not be signed before a dispute over money or damage has been resolved. The claim for unpaid rent can also be pursued through enforcement, separately from the eviction.

For an owner who will let the property again after the eviction, the legal and tax obligations of a foreign owner letting out property are also important.

The bright, emptied living room of a flat ready to be taken back after eviction.

Which documents matter for evicting a tenant?

What is decisive in a tenant eviction is not the number of documents but the document that answers the chosen eviction ground. Payment records stand out in an unpaid rent file, documents showing the need in a need file, and the acquisition date and the notice in a purchase of a tenanted property. Documents issued in a foreign language are submitted to the court and the enforcement office with a Turkish translation.

  • Concerning the tenancy: the lease agreement and its annexes, the handover report, amendments to the contract and, if any, the original of the eviction undertaking.
  • Concerning ownership: the land registry record, the acquisition date and the sale document.
  • Concerning payment and notice: bank receipts, written notices, service of notice annotations and correspondence.
  • Concerning need and representation: documents showing the return or the use, and the power of attorney.

Not every file needs all these documents; the same document may be decisive in one file and irrelevant in another. Which document supports which ground is determined after the file has been reviewed and the dates have been checked; a missed deadline cannot be remedied by a notice sent later.

Conclusion: In tenant eviction, the right ground and deadline must be established first

In tenant eviction, two files that look the same proceed by different routes. Unpaid rent can be pursued through enforcement and without mediation, while an action for need depends on mediation and a short time limit for the action. An eviction undertaking is useful only if it was given after handover.

The date that starts the timetable also changes with the route: the acquisition date in a purchase of a tenanted property, the end of the lease term in an action for need, and service of the written notice or the payment order for unpaid rent. Each of these dates starts a separate period; in 4 of the 6 routes in the table, the statutory period is 1 month.

Timing matters even more for an owner abroad. Applying to mediation too early in an action for need, missing the 1-month period or forgetting the mediation authority in the power of attorney may send the file back to the start. Shortcuts such as changing the locks do not save the owner time; they create a new dispute. The right route is chosen when the ground, the dates and the documents are assessed together and in time.

Frequently Asked Questions

Can a foreign owner have a tenant evicted in Turkey?

Yes. A foreign owner may seek tenant eviction under the same rules as a Turkish owner; there is no special eviction regime for foreigners. Eviction requires a legal ground such as unpaid rent, need or a valid eviction undertaking, or notice after the 10-year extension. The process can be conducted from abroad through a power of attorney, but the 30-day notice period and the mediation requirement are the same for a foreign owner.

How long must I wait if the tenant does not pay the rent and does not leave?

A tenant who does not pay the rent on a residence is given a payment period of at least 30 days. This period is given by a written notice or, in enforcement proceedings, by a payment order and runs from the day after service. If the tenant does not pay on time, eviction is sought through enforcement or a court action. In enforcement proceedings, the tenant has 7 days to object to the payment order.

Must the tenant leave when a 1-year lease agreement ends?

No. In residential leases, the end of the contract term does not oblige the tenant to leave. If the tenant gives no notice, the contract is extended by 1 year each year. If there is no ground such as need or unpaid rent, the landlord can terminate the contract only after the 10-year extension period. This requires notice at least 3 months before the end of the extension year.

If I buy a tenanted flat, must the tenant leave after 6 months?

No. In a tenanted flat, the 6 months are not the tenant's departure date but the earliest time at which the new owner may bring an action. The new owner must notify the tenant of the need in writing within 1 month from the acquisition date; the 6 months are also counted from the acquisition date. If the tenant does not leave, the action must separately prove that the need is genuine, sincere and compelling.

Can a tenant be evicted by a notarial notice?

No. A notarial notice does not by itself remove the tenant; the notice is only a written notification. It is used to give a tenant who does not pay the rent a 30-day payment period or to notify the new owner's need. If the tenant does not leave, enforcement proceedings or a court action are required for eviction; a notary cannot issue an eviction decision or carry out enforcement steps.

Can eviction for need be sought if the landlord has another home?

Yes. The law has no requirement of "not having another home"; the standard is that the need is genuine, sincere and compelling. In this assessment, the court considers whether another home available to the owner is suitable for the need. In a fixed-term lease, the action must be brought within 1 month from the end of the lease term.

What happens if a tenant who agreed in mediation does not leave?

If a tenant who agreed on an eviction date in mediation does not leave, eviction can be sought through enforcement by obtaining an enforceability annotation on the settlement document. The annotation is obtained from the civil court of peace where the property is located and is mandatory. The settlement document should clearly state the eviction date, the method of handover and the amounts to be paid. As mediation talks are, as a rule, concluded within 3 weeks, these details should be prepared before the first meeting.

Which powers should an owner abroad give in the power of attorney?

A power of attorney for tenant eviction should expressly state 2 special powers in addition to the authority for court actions and enforcement proceedings: applying to mediation and settling. If these powers are not stated, the representative cannot conduct the mediation process or reach an agreement with the tenant. The power of attorney can be prepared at a Turkish consulate or abroad and used with an apostille or consular legalisation and a translation.

Can a home vacated because of need be let to someone else?

No. A home vacated because of need cannot be let to anyone other than the former tenant for 3 years unless there is a justified reason. A landlord who does not comply with this rule pays the former tenant compensation of no less than 1 year's rent paid in the last lease year. A claim of need must therefore be based on a genuine plan of use.

Can an estate agent change the tenant's locks while I am abroad?

No. Tenant eviction cannot be carried out by changing the locks, cutting off the electricity and water or removing belongings. Entering a home against the tenant's consent may constitute the offence of violating the inviolability of the home, which on complaint carries imprisonment from 6 months to 2 years. The property can be taken back only through the tenant's voluntary handover or through enforcement.

This article is for general information and does not replace legal advice. Each file must be assessed separately on the basis of its own decisions and records.

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