I. How to Evict a Tenant in Turkey?
The eviction of a tenant in residential and roofed workplace is only possible for reasons stipulated in the Turkish Code of Obligations. In this article, we will provide information on the reasons for the eviction of a tenant and the answer to the question ‘How to Evict a Tenant?’ in relation to those reasons.
II. Reasons for Eviction of a Tenant in Turkey
The reasons for the eviction of a tenant in the Turkish Code of Obligations can be summarized as follows:
- Eviction Due to Non-payment of Rent
- Eviction Due to Eviction Notice
- Eviction Due to Two Valid Notices
- Eviction Due to Necessity
- Termination and Eviction Due to the Expiry of a Ten-Year Extension Period Termination and
- Eviction Due to the Right of Careful Use and Respect for Neighbors
- Eviction Due to the Tenant or Spouse Owning a Residence
- Eviction Due to the New Owner’s Needs Eviction Due to Reconstruction, Zoning, or Repair
Mediation Requirement in Rental Disputes
In accordance with the Enforcement and Bankruptcy Law, all rent disputes are subject to mediation, except for removal of objection and eviction cases. In other words, it is necessary to apply for mediation before filing a lawsuit to evict the tenant. Filing an eviction lawsuit without applying for mediation as a condition of litigation will result in the rejection of the case due to procedural reasons. You can find detailed information about this process in our article Mediation in Rental Disputes.
1. How to Evict a Tenant due to Non-payment of Rent?
The tenant is responsible for paying the rent. The obligation to pay the rent, whether monthly or annually, must be paid within the term specified in the lease agreement. When Should Rent Be Paid? You can read our article.
The rent must be paid in full. The remaining rent debt will also be grounds for eviction of the tenant. Similarly, the rent increase will need to be made exactly as stated in the lease agreement.
Thirty days should be given to the tenant who does not pay the rent on time and in full, by initiating enforcement proceedings or sending a warning. (TOC article 315) It is possible to evict a tenant who does not pay the rent despite a thirty-day notice.
For more detailed information about the eviction process due to non-payment of rent, see “What Should Be Done for a Tenant Who Doesn’t Pay Rent?” You can read our article.
2. Eviction of the Tenant Due to Eviction Commitment
After the delivery of the leased property, the tenant, to the lessor; Another reason for eviction is a written commitment to evacuate the rented property on a certain date. In practice, this commitment is called an eviction commitment.
If the tenant does not evacuate the residence or roofed workplace despite the eviction commitment, it is possible to initiate an eviction process through enforcement proceedings or litigation within a period of 1 month.
Frequently asked questions during the evacuation process due to the eviction commitment: “How to Cancel Evacuation Commitment?” , “Is a Blank Evacuation Commitment Valid?” You can read our articles “Family Residence Objection Discussion Against Eviction Commitment“.
You can find more detailed information about the evacuation process due to the eviction commitment in our article “Evacuation Process Due to the Evacuation Commitment“.
3. How to Evacuate a Tenant Due to Two Valid Notices?
Failure to pay the rent in full or at all despite the thirty-day notice period is itself a reason for eviction. But what should be done if the tenant always pays the rent late?
Within the same rental period; It is possible for a tenant who pays all or part of the rent at least twice after the notice sent to him/her to file an eviction lawsuit within one month from the end of the contract.
Due to two justified warnings, the indispensable part of the eviction process is to send a warning about the tenant or to send a payment order with enforcement proceedings. Because unless a process is initiated against the tenant, there is no legal sanction for the tenant’s mere delays.
The eviction process is a very technical one due to two justified warnings. Therefore, it is important that the termination of the lease agreement and eviction process is carried out correctly. You can find detailed information about the eviction process due to two justified warnings in our article “Evacuation Due to Two Valid Notices“.
4. Evacuation Process Due to Ten-Year Extension Period
It is possible to conclude lease agreements for a definite or indefinite period. In the process of evicting a ten-year tenant, it is important whether the lease agreement is for a definite period or for an indefinite period.
After the ten-year extension period for indefinite-term lease agreements and the ten-year extension period for definite-term lease agreements expire, the lease agreement may be terminated and the return of the leased property may be requested by sending a warning at least three months before the end of the agreement.
5. How to evict a Tenant due to the Need of the Landlord?
The landlord or lessor may have a sincere, real and compelling need for the leased property. If the lessor himself, his spouse’s descendants and descendants and legally obliged dependents need the leased property, termination and eviction may be requested by filing a lawsuit within one month from the end date of the contract.
Situations such as the lessor herself/himself or his/her adult children living in the family residence, being rented, not having a residence suitable for living, or returning to the country for sure can be considered as needs.
You can find detailed information about eviction cases due to necessity in our article “Evacuation Case Due to Necessity“.
6. How to Evict a Tenant for the Right to Use with Care and Respect for Neighbors?
The tenant must be respectful to both the neighbors in the leased property and the lessor. Disturbing actions can make the rental relationship unbearable. For this reason, termination of the contract and eviction are regulated in Article 316 of the Turkish Code of Obligations.
The rented property must be used with care, especially the rented property must not be deliberately damaged. Intentional damage by the tenant to the leased property is another reason for unilateral termination of the lease agreement. Similarly, using the rented property as an appointment house in an immoral manner is also against the obligation to use it with care.
7. Eviction Due to the Tenant’s or Spouse’s Owning a Residence
It is regulated as a reason for eviction that the tenant or his/her spouse with whom he/she lives in the same residence has a suitable residence within the same municipality borders as the rented one. It will be necessary to conduct proper research before filing an eviction lawsuit based on this reason. Because the tenant will not only need to own a house, but also it will need to be investigated whether this house is suitable for habitation.
8. How to Evict a Tenant Due to New Owner’s Need
According to the Turkish Code of Obligations, the contract does not terminate if the leased property changes hands for any reason. The lease agreement will continue with the new owner under the same conditions. For this reason, the new owner will need to obtain a written lease agreement and, if available, an eviction notice from the old owner.
The owner who purchases a rented residence or workplace will need to send a notice to request the eviction of the tenant. This notice must reach the tenant within one month at the latest from the date of acquisition. The new owner may file an eviction lawsuit based on his/her needs starting from the end of the lease or six months later.
9. How to Remove a Tenant Due to Reconstruction, Zoning, Repair?
After renting a residence or workplace, a mandatory repair or renovation may be required. In such a case, if the rented property cannot be used, the process may be initiated to evict the tenant.
In fixed-term contracts for eviction due to reconstruction or repair, a lawsuit must be filed within one month from the end of the period. For indefinite-term contracts, a lawsuit must be filed within one month from the termination period.
III. Frequently Asked Questions During Tenant Eviction Processes
1. How Long Do Tenant Eviction Cases Last in Turkey?
It is not possible to determine and determine exactly how long the tenant eviction process will take. Unless the tenant objects to the enforcement proceedings initiated based on the eviction letter, a decision must be taken from the court to evict the tenant. Because how long this process will take is at the discretion of neither the lessor nor the tenant, nor the lawyers nor the judge.
There are two important eviction processes without judgment in the Execution and Bankruptcy Law for the eviction of the tenant. These are enforcement proceedings due to non-payment of rent and eviction notice. In enforcement proceedings with a request for eviction, it is possible to remove the objection and file an eviction lawsuit, depending on the nature of the tenant’s objection. Removal of objection and eviction cases will be heard in the enforcement court. Since the trial procedure in enforcement courts is limited to formal examination, the process can be concluded faster than in civil courts of peace.
Civil courts of peace are technically general courts and carry out judicial activities. For this reason, the claims, defenses and evidence of the plaintiff and the defendant will be discussed. For example, in a case of eviction due to necessity, discovery and expert examination may be required. Similarly, in an eviction case due to non-payment of rent, an account review may be conducted. Collecting this evidence may extend the duration of the case.
Another reason why lawsuits for eviction of tenants take a long time is not getting support from a rental law lawyer. Because incomplete payment of the fee, incomplete notification of evidence, and failure to follow the notification will prolong the case.
Postponement of Execution / Postponed Execution in Rent Eviction Cases
In rent eviction cases, the court’s decisions will not need to be finalized. In other words, the enforcement process will continue with the reasoned decision. However, if the tenant files an appeal requesting postponement of enforcement, formerly known as postponed enforcement, the execution of the eviction will be stopped.
The fact that the tenant cannot be evicted due to the decision to postpone the execution during the appeal review will also cause the eviction process to be prolonged.
2. Fees and Expenses in Tenant Eviction Cases
Fees to be aware of during the tenant’s eviction process. Application fee, cash fee, attorney fee, discovery fee, appeal fee, prison fee, fulfillment fee, seizure, delivery and sales fee, and release fee. Expenses may be postage, warrants, advance fee, expert witness, expense advance or evidence advance for notifications. For detailed information, you can read our article Judicial Fees and Advances 2024.
The advance fee for the eviction of real estate, which is heard in the civil courts of peace, is calculated based on the annual rental fee. The value of the case is the annual rent that must be paid as of the date the case is filed.
If the parties are represented by a lawyer in the case, a lawyer’s fee will be awarded against the party who is wrong in the case, in accordance with the Lawyer Minimum Fee Tariff.
Removal of objection and eviction cases heard in enforcement courts are subject to a fixed fee. Similarly, the attorney’s fee is a fixed fee for cases with hearings in enforcement courts.
In enforcement proceedings without a judgment and in enforcement proceedings with a judgment, an application fee, advance fee, release fee, prison fee, fulfillment fee and postage costs will be required.
If the tenant does not evacuate the rented property despite the court decision, he will be forced to evacuate it through the enforcement office. In such a case, an additional expense must be paid for the transportation of the tenant’s belongings in the rented property and their delivery to the trustee.
In the process of evacuating the tenant, the fees and expenses must, as a rule, be paid by the requesting creditor/lessor/owner. Evacuation process; The tenant who is found to be wrong at the end of the enforcement proceedings and/or lawsuit will be responsible for the fees and expenses paid. (It is not possible to charge the contractual attorney fee to the other party. In other words, you cannot receive the fee you paid to your attorney for the follow-up of the processes from the tenant.)
3. The Importance of the Written Rental Agreement in the Eviction of the Tenant
A written rental agreement is very important in the processes to be initiated for the eviction of the tenant. The nature of the leased property, whether the contract is for a definite or indefinite period, the start date of the lease, whether there is an increase clause, and whether there is a notice requirement for the eviction process will need to be examined before the eviction process.
4. How to Remove Tenant in Non-Contracted / Verbal Lease Agreements?
In rental law, there are mandatory and regulatory articles in the law. The agreement of the parties regarding the lease is sufficient for the establishment of the contract. However, proof problems arise in non-contractual/verbal lease agreements. For example, where the rent will be paid, when it will be paid, and the start date pose problems.
The conditions in the above section of our article also apply to verbal rental agreements. Since tenant eviction cases are limited to time limits, the start date of verbal lease agreements may be subject to dispute.
In verbal lease agreements, the following issues will need to be clarified before eviction processes. Is it a rented residence or a roofed workplace? When is the start date of the rental agreement? Who is the tenant party in the rental agreement? Where and how are rents paid? What is the full address of the rented property?
In oral, non-contractual lease agreements, as a rule, the rent increase will not be automatic, as there is no written agreement between the parties on this issue. If the parties cannot reach an agreement, the lessor will have to file a rent determination lawsuit for an increase every year.
Another problem may arise from the uncertainty of how the leased property was delivered and the fixtures. Things become easier when it is stated in the written lease agreement which fixtures are given with the leased property. Likewise, it can be stated that the rented property was delivered empty, painted and clean. It will be possible to return the rented property under the same conditions.
Verbal rental agreements will be accepted for an indefinite period. It is necessary to pay attention to this issue in terms of references to fixed and indefinite term contracts in the reasons for evacuation.
5. Is it possible to evict a 1-year tenant based on the end of the contract?
Even if the lease agreement is made for 1 year, the landlord will not be able to request eviction upon expiry of the period. In fixed-term lease agreements, the tenant will be able to use the leased property for an additional ten years in addition to the contract period. The tenant has the right to terminate the contract with at least fifteen days’ notice before the end of the contract.
6. How to Remove a Tenant in Case of Many Parties to the Rental Agreement?
It may be possible for there to be more than one lessor or lessee party in the lease agreement. This may occur at the beginning of the contract, or it may occur at a later period.
For example; If the lessor or owner dies, the heirs will assume the title of lessor in the lease agreement. Similarly, the lease will not terminate in the event of the death of the tenant. Those who live in the same residence as the tenant or their heirs become parties to the contract.
It is possible for the spouse, who is not a party to the lease agreement, to become a party to the agreement by unilateral notification to the lessor.
Enforcement proceedings or eviction cases initiated in cases involving the lessor or tenant will need to be followed by all parties and directed against all tenants. Cases in which the formation of parties is incomplete may be subject to extension and rejection.
Memduh Remzi BAL
Lawyer / Attorney in Turkey
Landlord Tenants Attorneys in Turkey
Call Us : +90 212 909 86 34
Sen Mail : info@ballawyer.com
