For residential and roofed commercial leases, the Turkish Code of Obligations (TBK) gives the tenant strong protection. The most common mistake landlords make is to think that the tenant must leave once the term written in the contract expires. In fact, the statutory grounds for eviction (tahliye) are limited in number, and most of them are tied to short time limits that extinguish the right if missed.
What happens when the term expires?
In fixed-term leases, if the tenant does not give notice at least 15 days before the end of the term, the lease is extended for one year on the same terms. The landlord cannot evict the tenant on the ground that the lease term has ended (TBK art. 347).
The ten-year extension rule: After the lease has been extended for ten years, the landlord may terminate it without giving any reason by giving notice at least three months before the end of each subsequent extension year. For example, a lease that began with a one-year contract can be terminated in this way once the first year plus ten extension years have been completed. In indefinite-term leases, the landlord may terminate the lease by notice once ten years have passed since the start of the lease.
Grounds arising from the landlord
Need (TBK art. 350(1)): The landlord may file suit if they, their spouse, children, parents or persons they are obliged to support need to use the premises as a home or workplace. The need must be genuine, sincere and compelling; the court examines this through witnesses and documents.
Reconstruction or major renovation (TBK art. 350(2)): Where use of the premises is impossible during the reconstruction or major renovation of the building.
On these two grounds, for fixed-term leases the lawsuit must be filed within one month of the end of the term. If this time limit is missed, the lease is extended for another year and the lawsuit can only be filed at the end of the next period.
A new owner’s need (TBK art. 351): A person who buys the leased premises and needs them for themselves or their relatives may choose one of two routes:
- Give the tenant written notice within one month of acquisition and file the lawsuit six months later,
- Or file the lawsuit within one month of the end of the lease term.
Ban on re-letting: A landlord who evicts a tenant on grounds of need or reconstruction may not, without just cause, let the premises to anyone other than the former tenant for three years (TBK art. 355).
Grounds arising from the tenant
Undertaking to vacate (TBK art. 352(1)): If the tenant has undertaken in writing to vacate the premises on a specific date (tahliye taahhüdü) and has not done so, the landlord may start enforcement proceedings or file a lawsuit within one month of that date. The undertaking must have been given after the premises were handed over. Undertakings signed at the same time as the lease may be held invalid on the ground that the tenant signed them under pressure.
Two justified notices (TBK art. 352(2)): If, within one lease year, the tenant has caused two justified written notices to be sent for failing to pay rent, the landlord may file suit within one month of the end of that lease year. This ground arises if the notices were justified, even if the rent was paid later.
The tenant owns a home in the same district (TBK art. 352(3)): If the tenant or the spouse living with them owns a habitable home within the same district (ilçe) or municipality (belde) and the landlord did not know this when the lease was concluded, a lawsuit can be filed within one month of the end of the lease.
Non-payment of rent (default): If the tenant does not pay the rent, the landlord gives written notice allowing at least 30 days; if payment is not made within that period, the landlord may terminate the lease (TBK art. 315). In this case the fastest route is often eviction through enforcement proceedings (icra yoluyla tahliye).
Applying to a mediator first is mandatory
In disputes arising from a lease, applying to a mediator before filing a lawsuit is a precondition for the lawsuit (Mediation in Civil Disputes Law (HUAK) art. 18/B). This rule covers eviction, rent determination and rent claims. The only exception is eviction through enforcement proceedings without a judgment (ilamsız icra); no mediation is required for these.
Strict time limits do not run during mediation. However, applying in the last days of the one-month filing period leaves very little time after the mediation report is issued.
Rent increases
On renewal, the rent increase may not exceed the twelve-month average change in the CPI (TÜFE) for the previous lease year (TBK art. 344). For leases that have lasted five years, the court may set a new, fair rent, also taking comparable rents into account. A rent determination lawsuit (kira tespit davası) is filed for this; it is also subject to mandatory mediation.
A short checklist for landlords
- Check the start date and term of the lease; all filing deadlines depend on these dates.
- Make sure undertakings and notices are in writing, dated and provable.
- When calculating the filing deadline, plan for the mediation stage as well.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.