Evicting a tenant in Turkey can be a time-consuming and legally complex process—especially when the tenant is a foreign national. Whether the problem is unpaid rent, expired contract, refusal to vacate, or unauthorized use of the property, landlords must follow precise legal procedures under the Turkish Code of Obligations (Law No. 6098). At ER&GUN&ER, our English Speaking Turkish Lawyers assist landlords—both local and foreign—in resolving tenant disputes swiftly and legally. This guide explains the legal grounds, eviction procedures, and court processes for evicting a foreign tenant in Turkey.
Can Foreign Tenants Be Evicted Under Turkish Law?
Yes. Foreign tenants have the same rights and obligations as Turkish citizens under the Turkish Tenancy Law. Eviction is allowed for valid reasons such as:
- Failure to pay rent (even one installment)
- Continued occupation after lease expiry
- Breach of contract terms (e.g. unauthorized subletting)
- Need for personal use by landlord or family
- Major renovation or reconstruction
- Two justified payment notices within one year
Legal Basis: Turkish Code of Obligations (TBK)
The eviction process is regulated primarily under Articles 347–356 of TBK. The process differs based on whether the eviction is based on payment default, lease expiration, or justified personal need.
Eviction Based on Non-Payment of Rent
If a tenant fails to pay rent, the landlord must send a written payment notice (ihtarname) demanding payment within 30 days. If the tenant still doesn’t pay, the landlord may initiate eviction proceedings at the Enforcement Court or file a general eviction lawsuit.
Eviction Due to Lease Expiry
After the fixed-term lease ends, it renews automatically unless terminated. To prevent renewal, the landlord must serve a notice of non-renewal at least 15 days before the contract’s anniversary date. Otherwise, the lease continues for another year.
Eviction Due to Personal Use or Family Need
Under TBK Article 350, landlords can file for eviction if they or a first-degree relative need to occupy the property personally. The landlord must file a lawsuit within one month of lease expiry. Courts evaluate sincerity and need carefully—documentary evidence is crucial.
Eviction for Renovation or Reconstruction
Landlords may request eviction if the property requires major renovation or demolition that cannot be completed while the tenant is present. Plans, permits, and expert reports are required to support the claim. Tenants have the right of return post-construction unless waived.
Eviction Based on Two Notices in a Year
According to TBK Article 352/2, if a tenant receives two written payment notices in the same lease year—even if they eventually pay—the landlord gains the right to file for eviction within one month from the end of that year.
Eviction After Extended Lease Renewal (10-Year Rule)
If a tenant has continuously renewed a lease for 10+ years, the landlord may terminate the lease without giving a reason, provided they send a non-renewal notice 3 months before the end of the lease period. This right is granted under TBK Article 347/2.
Mandatory Mediation Before Eviction Lawsuits
As of 2023, landlords must file for mandatory mediation before initiating eviction lawsuits in civil court. If the parties cannot settle during mediation, a lawsuit can proceed. We represent clients during this session and document all negotiations.
Court Procedure: How to File for Eviction
- Prepare and send notarized payment warning or lease termination notice
- Apply for mediation and attend session
- File the eviction lawsuit in Civil Court of Peace
- Submit lease, notices, payment records, and POA
- Attend hearings (POA allows remote representation)
- Receive court judgment and enforce through execution office
Can I Represent the Landlord Through a Lawyer?
Yes. Foreign landlords or Turkish landlords living abroad may appoint a Turkish Law Firm through a notarized Power of Attorney. Our firm handles the entire process—including arabuluculuk, court filings, and enforcement—without requiring the landlord’s presence in Turkey.
Examples from Our Legal Practice
- 🇬🇧 British landlord evicted foreign student tenant in İzmir over payment default—case resolved in 4 months
- 🇦🇪 UAE investor filed for personal need-based eviction in Bodrum—won case after proving return to Turkey
- 🇨🇦 Canadian landlord terminated long-term contract under 10-year rule—court approved notice validity
Frequently Asked Questions (FAQs)
- Can a landlord evict a tenant immediately in Turkey? No. Court judgment is required unless there is a voluntarily signed evacuation protocol.
- Can I evict my tenant if the lease has expired? Only with valid notice and after mediation and court proceedings.
- What if the tenant is a diplomat or UN staff? They may have additional protections under international conventions. Legal strategy differs.
- How long does the eviction lawsuit take? Typically 6–12 months depending on court workload and defense strategy.
- What is the cost of eviction proceedings? Includes legal fees, court charges, expert reports, and execution fees. We offer fixed-price eviction packages.
- Can the tenant appeal the judgment? Yes. Appeals go to the Regional Court of Appeal (BAM), adding 4–8 months.
- Is a notary warning mandatory before lawsuit? Yes—for payment default and non-renewal. Without it, the case may be dismissed.
- Can I evict without a written lease? Yes, but more difficult. We rely on rent receipts, witness testimony, and utility registrations.
- Is mediation required even if the tenant refuses? Yes. We must apply and attend. If the tenant doesn’t show, a record is issued to proceed.
- Can I evict a tenant for Airbnb-style subletting? Yes. Unauthorized subletting or commercial use violates lease terms—grounds for eviction.
- Can the police remove the tenant after judgment? Yes. After judgment and execution order, enforcement officers may involve police if needed.
- Do foreign tenants have extra rights? No. They are equal under the law—but language and consular issues may complicate communication.
Conclusion: Eviction Is a Legal Process—Not a Shortcut
Whether you are a Turkish or foreign landlord, evicting a foreign tenant requires strict compliance with Turkish tenancy law. Our English Speaking Turkish Lawyers handle the full eviction process from notice to court enforcement—ensuring your rights are respected and your property is protected. Contact the Best Lawyer in Turkey at ER&GUN&ER to resolve tenant disputes efficiently, lawfully, and with full confidence.