When and how a tenant can be evicted from residential or covered commercial premises in Turkey: statutory grounds, one-month deadlines, mandatory mediation and tenant protections.
This article is based on the provisions of the Turkish Code of Obligations No. 6098 on residential and covered commercial leases as in force on 1 November 2026. Explanations on mediation and procedure are general information; current legislation and case law should be checked before starting any eviction process. The Turkish version of this article prevails.
“As a landlord, how can I get my tenant out?” and “as a tenant, when can I be evicted?” are the two most common questions in Turkish lease relationships – and they matter just as much to foreign owners who let out property in Turkey and to expatriates renting a home here. The answer is narrower than many expect: for residential and covered commercial premises, Turkish law ties the landlord’s right to end the lease to specific grounds and strict deadlines. Missing one of these deadlines can delay a justified eviction by a full year.
This guide walks through the eviction (tahliye) grounds under the Turkish Code of Obligations (TCO), the deadline for each, mandatory pre-trial mediation and the tenant’s protections. The topic is a key part of our lease law and real estate law practice.
The basic rule: expiry of the term is not enough
Under TCO Article 347, for residential and covered commercial leases, a fixed-term lease is deemed renewed for one year on the same terms unless the tenant gives notice at least fifteen days before the term ends. The landlord cannot terminate the lease simply because the term has expired. In other words, “the contract is over, please leave” is generally not enough for a landlord.
A landlord can terminate without giving a reason only after the ten-year extension period: under the same article, once the ten-year extension period has passed, the landlord may end the lease without stating any reason by giving notice at least three months before the end of each subsequent extension year. For leases of indefinite duration, the landlord may terminate by notice under the general rules once ten years have passed since the start of the lease.
Form matters too: under TCO Article 348, a termination notice for residential and covered commercial premises is valid only if made in writing. For premises let as the family home (aile konutu), under TCO Article 349 the tenant cannot terminate without the spouse’s express consent; and where the non-tenant spouse has become a party to the lease by notifying the landlord, the landlord must send the termination notice and any payment deadline to both spouses separately.
The law limits the grounds on which a landlord can seek eviction through the courts. Under TCO Article 354, the provisions on ending a lease by court action cannot be changed to the tenant’s detriment; a clause such as “the landlord may require eviction at any time” therefore does not bind the tenant.
Eviction grounds and deadlines
| Ground | Legal basis | Deadline |
|---|---|---|
| Landlord’s or relatives’ need for housing/workplace | TCO Art. 350(1) | For fixed-term leases, action within 1 month from the end of the term |
| Reconstruction or major renovation | TCO Art. 350(2) | Likewise, action within 1 month |
| New owner’s need | TCO Art. 351 | Written notice within 1 month of acquisition + action after 6 months; or action within 1 month from the end of the term |
| Written undertaking to vacate | TCO Art. 352(1) | Enforcement proceedings or action within 1 month from the undertaken date |
| Two justified warnings | TCO Art. 352(2) | Action within 1 month from the end of the term / the lease year in which the warnings were given |
| Tenant owns a habitable home in the same district | TCO Art. 352(3) | Action within 1 month from the end of the lease |
| Non-payment of rent (default) | TCO Art. 315 | For residential and covered commercial premises, a written deadline of at least 30 days with a termination warning |
Eviction for need
Under TCO Article 350, the landlord may end the lease by court action if it needs to use the premises as a home or workplace for itself, its spouse, descendants, ascendants or other persons it is legally obliged to support. For fixed-term leases, the action must be filed within one month from the end of the term. In practice the need must be genuine, sincere and compelling; a vague possible future need is generally not enough (this is the settled approach in Court of Cassation practice; no case number is given).
There is an important restriction for landlords who evict for need: under TCO Article 355, a landlord who has the premises vacated for need may not, without just cause, let them to anyone other than the former tenant for three years. If it does, it must pay the former tenant compensation of no less than one year’s rent paid in the last lease year.
Reconstruction and major renovation
Under the second limb of the same article, if the premises need to be rebuilt, or substantially repaired, extended or altered for reconstruction, and cannot be used during the works, the landlord may again sue within one month. Under TCO Article 355, premises vacated on this ground cannot be let to others in their former condition for three years; the former tenant has a priority right to rent the renewed premises in their new condition and at the new rent, which must be exercised within one month of the landlord’s written notice. For buildings under urban transformation, Law No. 6306 also applies; see our urban transformation page.
The new owner’s need
Under TCO Article 310, if the leased property changes hands for any reason after the lease is concluded, the new owner becomes a party to the lease – so a buyer is bound by the existing lease. TCO Article 351 gives the new owner a special route: if it or its relatives need the premises, it may end the lease by an action filed six months later, provided it notifies the tenant in writing within one month of acquisition. Alternatively, it may use this right by filing an action within one month from the end of the lease term. Missing the one-month notice deadline closes the first route.
Undertaking to vacate
Under TCO Article 352(1), if the tenant, after the premises were handed over, undertook in writing to vacate on a certain date and has not done so, the landlord may end the lease by starting enforcement proceedings or filing an action within one month from that date. The words “after handover” matter: undertakings signed together with the lease, before the keys are handed over, or left undated are frequently disputed in practice and their validity is examined separately (no case number is given for this point on Court of Cassation practice).
Two justified warnings
For tenants who repeatedly pay late, TCO Article 352(2) provides a specific ground. If, in leases shorter than one year, within the lease term – or in leases of one year or longer, within one lease year – the tenant has caused the landlord to send two justified written warnings for non-payment of rent, the landlord may sue within one month from the end of the term or, for leases longer than one year, from the end of the lease year in which the warnings were given. A warning is “justified” only if the rent was actually due and unpaid at the time.
Tenant owns a home in the same district
Under TCO Article 352(3), if the tenant or the spouse living with them owns a habitable home within the same district or municipality, and the landlord did not know this when the lease was concluded, the landlord may sue within one month from the end of the lease.
Non-payment of rent
Separately, tenant default is a general termination ground. Under TCO Article 315, if the tenant fails to pay rent or service charges falling due after handover, the landlord may set a deadline in writing and warn that the lease will be terminated if payment is not made. For residential and covered commercial premises, this deadline must be at least thirty days and starts the day after written notice is served.
Not missing the one-month deadline: extension of the filing period
For need, reconstruction and tenant-related grounds, the filing period is often only one month. TCO Article 353 provides useful flexibility: if the landlord notifies the tenant in writing, at the latest within the filing period, that it will file an action, the filing period is deemed extended by one lease year. In practice this notice is widely used, as it gives both sides time to prepare.
Mandatory mediation before filing
Following an amendment made by Law No. 7445, since 1 September 2023 applying to a mediator before filing a court action has been a precondition (dava şartı) for disputes arising from lease relationships. Eviction and rent determination actions fall within this scope. If no agreement is reached in mediation, an action may be filed. When exactly the mediation application should be made relative to the date the eviction right arises, and how it interacts with the one-month deadlines, should be assessed separately; checking current case law is important here. See our dispute resolution page for mediation and litigation.
Tenant’s rights and points to watch
- A tenant who does not want to renew must give written notice at least fifteen days before the end of the term (TCO Articles 347 and 348).
- A tenant evicted for need may claim compensation under TCO Article 355 if the landlord lets the premises to someone else within three years without just cause.
- After reconstruction, the former tenant has a priority right to rent the renewed premises.
- If the tenant dies, those who lived with them in the same home may continue the lease as long as they comply with the contract and the law (TCO Article 356).
See also our recent update on how a tenant’s timely move-out notice affects the costs of a rent determination action filed by the landlord.
Frequently asked questions
Can I evict my tenant when the lease term ends?
For residential and covered commercial premises, generally not. Under TCO Article 347, the landlord cannot terminate on the ground that the term has expired; the lease renews automatically for one year. Termination without reason is only possible after the ten-year extension period, by notice at least three months before the end of each extension year.
When must an eviction action for need be filed?
For fixed-term leases, within one month from the end of the term (TCO Article 350). If the landlord notifies the tenant in writing within that period that it will sue, the period is extended by one lease year (TCO Article 353). Mediation is required before filing.
I have just bought a flat with a tenant in it. When can I move in?
If you or your relatives need it, you can notify the tenant in writing within one month of acquisition and file an action six months later; or you can file within one month from the end of the lease term (TCO Article 351).
Is an undertaking to vacate signed together with the lease valid?
TCO Article 352(1) requires the undertaking to be given in writing after the premises were handed over. Undertakings signed at the same time as the lease or before handover are contentious in practice and are assessed case by case.
My tenant has not paid two months’ rent. Can I evict immediately?
There are two routes. Under TCO Article 315, you send a written warning giving at least thirty days to pay and stating that the lease will be terminated if payment is not made. In addition, if two justified warnings were given within one lease year, you can sue within one month from the end of that lease year under TCO Article 352(2).
Conclusion
Eviction from residential and covered commercial premises in Turkey depends on the grounds listed in the law and, very often, on short one-month deadlines. For landlords, choosing the right ground, giving written notices on time and planning pre-trial mediation are decisive; for tenants, knowing the protections the law provides is essential. If you would like a specific eviction matter assessed, you can contact us.
Sources
- Turkish Code of Obligations No. 6098 (published by the Ministry of Labour and Social Security), Arts. 310, 315, 347–356
- bianet, mandatory mediation in lease disputes (news report, in Turkish)
- Capital, new era in lease disputes from 1 September (news report, in Turkish)
This content is provided for general information and does not constitute legal advice.