Landlord-tenant relationships in Turkey are governed by the Turkish Code of Obligations, which outlines mutual rights and responsibilities. One of the most frequently overlooked but legally significant issues is the non-payment of utility bills—such as electricity, water, natural gas, and internet—by the tenant. These unpaid obligations may not be categorized as rent, but under certain circumstances, they can lead to eviction actions.
At ER&GUN&ER Law Firm, our English Speaking Turkish Lawyers advise both landlords and foreign property owners in initiating eviction proceedings when tenants consistently default on utility bills. This article explains the legal infrastructure for eviction based on unpaid utilities, supported by court precedents and practical litigation experience.
Are Utility Bills the Tenant’s Responsibility?
Yes. In almost all Turkish residential lease agreements, the responsibility for paying utilities is passed on to the tenant. Even if not expressly stated in the contract, Turkish jurisprudence presumes that the person consuming the service (tenant) is responsible for payment, unless the contract or invoice states otherwise.
Failure to pay utility bills not only causes financial loss to the landlord (especially in shared meters or when the bill is issued to the landlord’s name) but also poses risks of power and water cuts, legal action against the property, and damage to the landlord's credit standing.
Legal Grounds for Eviction Due to Unpaid Utilities
Under Turkish rental law, non-payment of utilities may justify eviction in two main legal avenues:
- As a breach of contractual obligations under Article 316 of the Turkish Code of Obligations
- As a cause for termination based on misuse of property
If the tenant neglects their duty to pay utilities, despite written warning or repeated demand, the landlord may argue that the tenant is not fulfilling their fundamental obligations under the lease—thus justifying a legal termination and eviction request.
Step-by-Step Eviction Process
- Send a written notice to the tenant, demanding payment of outstanding utility bills
- Allow a reasonable period (usually 30 days) for compliance
- If unpaid, file a lawsuit at the Civil Court of Peace to terminate the lease
- Present bills, consumption records, and warnings as evidence
- Request eviction and legal costs in court
If the court finds that the tenant persistently neglected their obligations, it may rule in favor of eviction, often effective within 15–30 days after judgment.
Can Utility Debt Be Treated as Rent Arrears?
In some cases, yes. Especially when utility payments are bundled with rent (such as in student apartments or furnished flats), unpaid bills can be considered rent components. In such situations, landlords may utilize the standard two-warning rule for rent-based evictions within one rental year.
However, if utilities are paid directly by the tenant to service providers, a breach arises only when the debt causes consequences to the landlord or violates the contract. The precise legal route depends on how the tenancy was structured.
What Evidence Is Needed in Court?
- Official utility bills issued to the tenant or to landlord with consumption details
- Screenshots from e-devlet or e-şarj payment portals
- Written notices, WhatsApp messages, or e-mails reminding payment
- Bank account records showing non-payment
- Witnesses (e.g., building manager, other tenants)
Our Turkish Law Firm assists clients in compiling admissible and persuasive evidence, preparing the lawsuit petition, and navigating the court process effectively.
Real Case Examples
- 🇩🇪 A German landlord filed eviction against a tenant who owed 6 months of unpaid water bills totaling ₺3,200. The court found repeated warnings and landlord-paid invoices convincing—eviction granted.
- 🇬🇧 A UK investor’s tenant refused to pay electricity registered under landlord’s name. Despite arguments over meter change, the court held the tenant liable and ruled eviction under Article 316.
- 🇷🇺 A Russian expat tenant was evicted after power cutoffs affected the building and neighbors filed complaints. The landlord documented the disruption, leading to court-approved termination.
Frequently Asked Questions (FAQs)
- Can I cut the electricity if my tenant doesn’t pay? No. Self-help remedies are illegal in Turkey. Use court mechanisms instead.
- Can I include utility payments in rent? Yes. This is common in furnished rentals. Be sure to specify in the contract.
- Can utility non-payment lead to a criminal case? Rarely. Unless there is fraud or theft, it’s a civil matter.
- Is WhatsApp communication valid evidence? Yes—if screenshots are timestamped and tied to a known number.
- What if the bills are in my name? You may still sue if the contract assigns responsibility to the tenant.
Contact Our Rental Law Team in Turkey
If your tenant has failed to pay utilities and you’re unsure how to proceed, our experienced English Speaking Turkish Lawyers are ready to assist. At ER&GUN&ER Law Firm, we help landlords protect their rights through proper documentation, legal notices, and litigation. Trust our Turkish Law Firm to manage the eviction process professionally and efficiently.