Tenant Eviction in Turkey: What Every Foreigner Landlord Must Know
Housing supply and rental processes are problematic in many parts of the world. Nowadays, rental prices have increased in Turkey. On the other hand, the Turkish government has determined the maximum rent increase rate as 25%. As a result, the rents of those who are already tenants have remained low. There has been a significant increase in the number of landlords who want to evict their tenants.
Under the framework of the Turkish Citizenship by Investment Law, which came into force at the end of 2018, numerous foreigners have made real estate investments to acquire Turkish Citizenship. If you are seeking comprehensive information about the current status of Turkish Citizenship by Investment Law in 2024, you can read our blog post by clicking here. Foreigners, who rent out their real estate, want to evict their tenants because of the low rental prices. This article provides a detailed explanation of the process for both foreigners and Turkish citizens to evict their tenants.Let's dive in!
Table of Contents
- What is Tenant Eviction?
- Reasons for Eviction of Tenant
- Not Paying the Rent on Time
- Tenant's Non-Compliance with the Agreement
- Using the Eviction Commitment
- The Need of Landlords or Their Relatives to Home
- The Presence of the Tenant's or His Spouse's Residence in the Same District
- The Need of Renovation for Home
- Disturbing Neighbors
- Tenant's Bankruptcy
- Expiration of 10-Year Lease Agreement
- Death of Tenant
- Violation of the Obligation of Care
- Termination of the Lease Agreement Due to Important Reasons
- Where can be the Case for Eviction Filed?
- How Long Do Eviction Cases Take?
- How is the Order of Evacuation Implemented?
- Eviction Cases for Tenants Without a Written Lease Agreement
- How can be a tenant who pays his rent regularly evicted?
- What is Tenant Eviction?
- How can be a Tenant Evicted in Turkey?
- Not Paying the Rent on Time
- Tenant's Non-Compliance with the Agreement
- Using the Evacuation Commitment
- The Need of Landlords or Their Relatives to Home
- The Presence of the Tenant's or His Spouse's Residence in the Same District
- The Need of Renovation for Home
- Disturbing Neighbors
- Tenant's Bankruptcy
- Expiration of the 10-Year Lease Agreement
- Death of Tenant
- Violation of the Obligation of Care
- Termination of Lease Agreement for Important Reasons
- Where can be the Case for Eviction Filed?
- How Long Do Eviction Cases Take?
- How is the Decision of Evacuation Implemented?
- Eviction Cases for Tenants Without a Written Lease Agreement
- How is a tenant who pays his rent regularly evicted?
Tenant eviction refers to the process of removing a tenant from the leased property. The landlord may be required to take legal action to evict the tenant from the property due to non-compliance or other specific reasons.
The dismissal of a tenant can be based on a variety of reasons. These reasons are explained in detail below. The basic provisions regarding the eviction of the tenant are included in the Turkish Code of Obligations No. 6098, Article 347, and its following. Apart from this, there are provisions regarding the removal of the tenant in various parts of the legislation. What you need to know about them is explained in detail below and the questions asked are answered.
Certain conditions are needed to evict the tenant. Let's consider the reasons for removing the tenant from the house.
If the tenant has not paid the rent twice in a year, the owner of the property can evict the tenant. For this, the lessor must give the tenant two valid written warnings. For example; if the tenant has not paid the rent for July and September in the same rental year; The tenant must be sent a warning for these two months. Here, the lessor must file an eviction lawsuit within one month following the end of the rental year.
Pursuant to article 352/2 of the Turkish Code of Obligations; “The tenant, within the lease term in lease agreements of less than one year; in lease agreements for one year or more, if he has caused two justified warnings in writing because he has not paid the rent for one rental year, the lessor may terminate the lease agreement by litigation within one month, starting from the end of the lease term and the lease year in which the notices are given for leases longer than one year.”
There are 3 ways to evict the tenant who does not pay the rent regularly to the landlord or the tenant who does not pay the rent at all. These are;
Evacuation of the tenant with 2 justified warnings In case two rental fees for the same rental year are not paid, two warnings should be sent to the tenant. If rental contract is for one year or less than one year and two justifiable warnings are given within this period, the lease can be terminated by litigation within one month from the end of the lease term. If it is longer than one year and two justified warnings are given within this period, the lease agreement may be terminated by litigation within one month starting from the end of the year in which the warnings were made.
Evacuation of the tenant by default: In case the rent is not paid, a warning is issued to the tenant. In this notice; It should be stated that "the rent must be paid within 30 days, otherwise the contract will be terminated". If the tenant pays within 30 days, he cannot be evicted. However, if the payment is not made within this period, the eviction of the tenant is provided by enforcement.
Evacuation of the tenant through enforcement: An enforcement proceeding with an eviction request can be initiated against the tenant. Through enforcement proceedings with an eviction request, both the eviction of the tenant from the house and the unpaid rent are requested. If only rental fees are requested, enforcement proceedings without judgment should be initiated.
One of the reasons for the lessor's termination of the lease agreement is that the tenant does not comply with the acts or obligations under the lease agreement. A lease is a contract that imposes obligations on both parties. For this reason, if the tenant does not fulfill the obligations imposed on him, the lessor warns him to comply with these obligations. Otherwise, the contract may be terminated.
The document in which the tenant commits to vacate the leased property on a certain date is called a written evacuation commitment. For the tenant to be evicted based on the eviction letter, the eviction commitment must be provided after the lease is signed. If the evacuation commitment is made during the rental agreement, the evacuation commitment will be invalid. On the other hand, the eviction letter must also be written. (Turkish Code of Obligations article 352/1)
If the tenant does not leave the house even though the promised time has come, an eviction lawsuit should be filed within one month from the expiry of the specified period. In case there is an eviction commitment, the eviction of the house may be requested by filing an enforcement action against the tenant. (Turkish Code of Obligations article 352/1)
The lessor may file an eviction lawsuit against the tenant in order to use the property as a residence for himself, his spouse, descendants, or legal dependents at the end of the lease term. This lawsuit can be filed even if the Tenant fulfills his obligations. For example; Since the children of the lessor grow up, need to be in a certain place for marriage or education, or because they are about to get married, the lessor may file an eviction lawsuit to vacate the rented property.
But this need must be because of a sincere and genuine need. The eviction lawsuit filed by the lessor when he has other immovable properties that are available is rejected. For this reason, it will be necessary to prove to the court that this housing need is genuine for the lessor himself or other persons listed in the law.
This situation must be notified to the tenant 1 month before the end of the lease agreement. If the tenant does not vacate the house, an eviction lawsuit can be filed upon the expiration of the lease agreement. If the rental agreement is for an indefinite period. first of all, the end of the rental agreement should be determined with the termination notice in accordance with the termination notice periods. An eviction lawsuit must be filed within 1 month from this date.
It is possible to terminate the contract if the tenant or his spouse has a residence, suitable for living within the borders of the same district or municipality. The landlord should learn that there is a house belonging to the tenant or his spouse after the agreement. For the contract to be terminated for this reason, a lawsuit must be filed within one month from the end of the contract.
If the immovable is required to be repaired, expanded, or changed for reconstruction or development also, it is impossible to use it during these works, the lease agreement may be terminated. For the contract to be terminated in this way, the construction or development must be substantial and it must not be possible to use it during construction. If the lease is for an indefinite period, each six-month period is a termination period. At the end of the six-months, the contract may be terminated. For this, the tenant must be given three months notice. If the tenant does not evacuate the house despite this notice, it is possible to file an eviction lawsuit. Here, the eviction action must be filed within one month from the end of the termination period.
If the lease is for a fixed term, an eviction lawsuit must be filed within one month from the expiry of the contract. On the other hand, if the house was evacuated based on the reason for the renovation: The immovable cannot be rented to anyone other than the former tenant for 3 years. Otherwise, compensation will be in question, not less than the last 1-year rent paid by the former tenant.
One of the most basic obligations of the tenant is not to disturb the residents of the area. If the tenant violates this obligation, the landlord must warn the tenant. If the tenant does not change the situation despite the warnings, the landlord may terminate the lease for this reason.
If the tenant goes bankrupt and cannot assure the lessor that he will pay the accumulated rent, the lessor can terminate the lease. In order to file an eviction lawsuit regarding the bankruptcy of the tenant, the Commercial Court must have ruled on the tenant’s bankruptcy.
Even if the tenant fulfills its obligations arising from the lease agreement, the lessor may terminate the contract without giving any reason, by complying with the termination periods at the end of the extension year following the ten-year extension period. In the case of indefinite lease contracts, the contract may be terminated at the expiry of the term.
Evacuation For Indefinite-Term Lease Agreement Exceeding Ten Years
The lessor (house/business owner) has the right to terminate the indefinite lease at the end of ten years without giving any reason. However, for the lessor to terminate the indefinite lease at the end of ten years, it must comply with the termination period and the termination notice periods. The statutory termination period is the end of the six-month lease period. The notice period for termination is three months. Accordingly, the lessor may terminate the contract by giving written notice to the lessor at least three months in advance, effective at the end of the six-month termination period. If the termination period or notice period specified in the contract or law is not complied with, the notice will be valid for the next termination period.
Evacuation For Fixed-Term Rental Agreement Exceeding Ten Years
In fixed-term lease agreements, unless the tenant gives written notice at least 15 days before the end of the specified period, the lease agreement is deemed to be extended for one more year. If the contract is extended for ten years beyond the specified period, at the end of the tenth extension year, the lessor (home/business owner) will have the right to terminate the contract. Accordingly, the lessor may terminate the contract by giving written notice at least three months before the end of each extension year after the ten-year extension year.
The right to terminate the lease agreement due to the death of the tenant is only given to the tenants. In ordinary lease contracts, heirs can terminate the contract by complying with the legal notice periods. In residential and roofed workplaces; Those who live in the same house with the deceased tenant can continue the rental agreement as a party, as long as they comply with the contract and the provisions of the law.
Under normal conditions, the tenant has obligations such as using the rented property with care, acting in accordance with the law of the neighborhood, and not causing damage to the property other than ordinary use. If this duty of care is not acted upon, the tenant may be given 30 days with a warning. It is stated in the warning letter that the contract will be terminated if the 30 days period is not complied with. In the event of serious damage within these 30 days, the lease can be terminated through notice.
If the rental relationship can no longer be bearable for both parties or it becomes impossible for both parties to continue the rental agreement, the parties can always terminate the rental agreement based on important reasons. If there is an important reason, the lease agreement can be terminated immediately for valid reasons.
Pursuant to Article 4 of the Code of Civil Procedure; In eviction cases, the civil court of peace is in charge. In these cases, the competent court is the court where the immovable is located. But this court is not the definitive court. Therefore, the lawsuit can also be filed in the civil court of peace where the defendant resides or where the contract is to be executed.
The target of the judiciary is 300 days for the rental cases to be concluded Decisions can be made during this period when legal services are received, while this period varies between 1 and 1.5 years when legal representation is not involved.
The decision to evacuate as a result of the eviction lawsuit is not immediately enforced. For the eviction decision to be implemented, the tenant must first be notified of the decision. Evacuation can occur 10 days after the notification.
The tenant has the right to appeal against the eviction decision. The cases for the eviction of the tenant are heard in the Civil Courts of Peace, and it is also possible to apply to the legal remedy of appeal against the tenant eviction decisions given in the Civil Courts of Peace. The tenant can file an appeal with the Regional Court of Justice against the eviction decision. However, this alone will not stop the execution of the tenant's eviction decision.The appeal period is two weeks from the notification of the reasoned decision of the first instance court to the parties in the Civil Courts of Peace and other civil cases.
If the court orders an eviction and the tenant still hasn't left the property, the landlord can initiate enforcement proceedings. Bailiffs carry out official proceedings to evict the property. The tenant is given a certain period. For the tenant to request the adjournment of the enforcement, he or she must take the enforcement decision to appeal. The tenant who requests the suspension of execution, must deposit the 3-month rental fee with interest into the file. If the tenant still does not leave within the given time, the bailiffs will come to the property and perform the eviction. The tenant's belongings may be confiscated and the property vacated.
There is no requirement for it to be written among the validity conditions of rental agreements, they can also be made orally. However, in case of a possible conflict, it would be correct to make a written contract in terms of claiming rights and proving the claim on issues such as the date of commencement of the contract, the monthly rent, and when the rent will be paid.
If it is proved before the court that there is a lease agreement between the parties, the lessor can evacuate with the realization of the evacuation reasons stated in the law.
The lessor can use various tools during the trial to prove it. For example, if rent payments are made through a bank, bank records can be summoned by the court to prove the existence of the lease agreement. The fact that the electricity, water, or natural gas bills of the relevant real estate are under the subscription of the tenant also has the power to prove the existence of the lease agreement.
Even if the tenant pays the rent regularly, the lessor may evict him based on the provision of TCO m.350 due to the need for housing. The housing need of the lessor may be related to himself, his spouse, descendants, or dependents. In this case, termination notice must be given to the tenant within 3 months at the end of each 6-month rental period if there is an indefinite-term rental agreement, and 1 month before the end of the rental agreement if a fixed-term rental agreement is in question. Despite the notice, if the tenant does not leave the leased property, an eviction lawsuit can be filed.
To summarize,Tenant eviction in Turkey refers to the process of legally removing a tenant from a leased property due to various reasons, including non-payment of rent, violation of lease agreements, landlord's need for the property, renovation requirements, disturbance to neighbors, bankruptcy of the tenant, and more. Eviction cases are filed in the civil court of peace, and the process can take around 1 to 1.5 years without legal representation. If eviction is ordered by the court and the tenant doesn't leave, enforcement proceedings can be initiated by the landlord to physically evict the tenant.
To ensure a smooth and efficient tenant eviction, careful steps must be taken during the property leasing process. Meticulous preparation of the lease agreement, setting rental increase rates, and accurately defining eviction commitments as outlined by the law can simplify the eviction procedures. If you're interested in consulting Global Mobility Turkey's experienced legal team and seeking legal assistance in this area, don't hesitate to fill out the form below. Our professional team will get back to you promptly.
