HOW TO EVICT A TENANT IN TURKEY
How Can an Apartment Owner Evict the Tenant According to Turkish Law?
Turkish civil law, similar to the laws in many other Continental European countries, places a strong emphasis on tenant rights. Recognizing that landlords often hold a disproportionate amount of economic power in lease agreements, Turkish law seeks to create a balance by providing protections for tenants and imposing numerous restrictions on landlord’s rights.
One of the key measures to balance rights in lease agreements under Turkish civil law concerns the parties’ ability to terminate a rental agreement in Turkey. While a tenant may freely terminate the lease agreement in Turkey at the end of the lease term, the process is not as straightforward for a landlord. Unlike the tenant, the landlord does not have the right to termination for convenience at the end of the first year regardless of what the lease agreement may state.
As per the Article 347 of Turkish Code of Obligations, the landlord may give a notice of termination 10 years after the beginning of the rental term. It is important to note that there is a rental term before the 10-year period and a notice period afterwards. Therefore, if the term of the rental contract is 1 year, then the landlord may evict the tenant only after 12 years.
The exception to this rule is if the landlord has legal grounds to end the lease agreement in Turkey. There are several conditions that form the basis of legal grounds to terminate a lease agreement in Turkey.
What are the Legal Conditions for Evicting a Tenant in Turkey?
The landlord may evict the tenant in Turkey under the following circumstances:
- If the tenant defaults on the rent, the landlord starts enforcement and the tenant does not pay within 7 days of being delivered the writ of enforcement.
- If the landlord sends the tenant 2 notices to pay rent within the same lease term due to the tenant defaulting on the rent
- 11 years after the beginning of the lease without any reason needed
- If the ownership is sold to a new owner
- If the tenant signs a letter of eviction guarantee
- If the landlord can prove in court that either the landlord, their spouse, their parents or their children need to reside in the property and they have no other choice
How to Serve a Notice of Termination?
A party wishing to terminate a lease agreement in Turkey must provide the other party with a written legal notice stating the grounds for termination. This notice must be sent in advance of the lease term’s conclusion, with the required notice period varying—15 days, 1 month, 3 months, or 6 months—depending on the reason for termination. At this point, it is highly advised to consult a lawyer to ensure the legal validity of the notice of termination.
As for the method of notice, the safest way to serve a notice is by sending a notarized letter through a public notary.
How is the Process of Eviction in Turkey?
To evict a tenant in Turkey, regardless of the reason for termination, a civil court needs to issue an eviction order. A landlord cannot evict a tenant in Turkey without a court order. Depending on the legal grounds for termination, the landlord may or may not need to start enforcement proceedings in advance of filing the eviction process before the court.
To avoid prejudicing your legal rights as a landlord, it is strongly recommended that you consult with a Turkish lawyer before proceeding with eviction. Antalya Lawyer Baris Erkan Celebi and his Antalya Law Firm offers legal advice to property owners in Turkey.
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