Tenant Eviction for Personal Use in Turkey: Legal Grounds and Procedure

Tenant Eviction for Personal Use in Turkey

Evicting a tenant in Turkey is subject to strict legal rules under the Turkish Code of Obligations (Law No. 6098). One of the few legally valid grounds for eviction is when the landlord or their close relative requires the property for personal use. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent landlords and tenants in eviction lawsuits, ensuring compliance with legal formalities and defending client rights.

Evicting a tenant in Turkey is subject to strict legal rules under the Turkish Code of Obligations (Law No. 6098). One of the few legally valid grounds for eviction is when the landlord or their close relative requires the property for personal use. At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers represent landlords and tenants in eviction lawsuits, ensuring compliance with legal formalities and defending client rights.

What Is Eviction for Personal Use?

Eviction for personal use (Türkçe: kendisi, eşi, altsoyu, üstsoyu veya bakmakla yükümlü olduğu diğer kişiler için gereksinim) allows landlords to terminate the lease if they, their spouse, children, parents, or dependents genuinely need the property for residential or commercial use.

Legal Conditions for Eviction

  • The lease must be terminated at the end of its fixed term or in accordance with termination periods for indefinite contracts
  • The landlord must serve a written eviction notice at least 30 days before the lease end date
  • The landlord must file a lawsuit within 1 month of the lease’s legal end
  • There must be a real and sincere need for the property—not a pretext for increasing rent or replacing the tenant arbitrarily

Who Qualifies Under “Personal Need”?

The following individuals may invoke personal use for eviction:

  • Landlord (property owner)
  • Spouse of the landlord
  • Children (including legally adopted)
  • Parents or grandparents
  • Persons under the landlord’s legal care

Common Legal Disputes in Personal Use Eviction

  • Tenants challenging the legitimacy of the claimed need
  • Disputes over whether notice was properly served
  • Eviction actions filed late, beyond the legal time limit
  • Landlords re-renting the property shortly after eviction (this may lead to legal liability)

Obligation Not to Rent Again Within 3 Years

After eviction for personal use, landlords are legally prohibited from renting the same property to someone else within 3 years. If they violate this rule:

  • The former tenant may claim compensation
  • The landlord’s credibility may be undermined in future eviction suits

Court Procedure for Personal Use Eviction

  1. Eviction notice served by notary or registered mail
  2. Eviction lawsuit filed in the Civil Court of Peace
  3. Evidence presented (witnesses, family registration documents, etc.)
  4. Court decision based on sincerity and consistency of the landlord’s need

The court assesses each case individually. Burden of proof lies with the landlord.

Legal Representation for Landlords and Tenants

We assist landlords in:

  • Drafting and serving proper notices
  • Preparing legal justification documents
  • Filing and managing the eviction lawsuit

We defend tenants by:

  • Challenging the claim of need
  • Proving bad faith or misuse of the procedure
  • Negotiating settlement or alternative lease terms

Internal Resources and Related Legal Guides

Contact Our Turkish Rental Law Team

Whether you are a landlord pursuing eviction or a tenant defending your right to stay, our experienced team of English Speaking Turkish Lawyers is ready to represent you. Contact our Turkish Law Firm for professional guidance, litigation support, and dispute resolution strategies tailored to Turkish rental law.