Can a Shopping Mall Tenant Be Evicted?

Eviction is among the most common disputes between shopping mall (AVM) tenants and mall management or property owners. Given its direct impact on business continuity, many tenants ask: Under what circumstances can a mall tenant be evicted? How does the eviction process work? What rights does the tenant have to defend against eviction?

In What Cases Can a Mall Tenant Be Evicted?

The eviction of a shopping mall tenant is primarily governed by the Turkish Code of Obligations (TCO) No. 6098. Commercial units within a shopping mall fall under the scope of “leases of residential and roofed commercial premises”, meaning that special protective rules apply to tenants in these premises.

1. Non-Payment of Rent (TCO Art. 315)

If the tenant fails to pay rent and does not cure the default following a written notice, the landlord may initiate an eviction lawsuit.

“If the tenant fails to pay the due rent, the landlord may serve a written notice requesting performance.”

Additionally, if the tenant receives two justified notices (ihtar) within the same calendar year, the landlord may file for eviction based on repeated default.

2. Improper Use of the Premises (TCO Art. 316)

If the tenant uses the leased premises contrary to its intended purpose, violates shared space rules, or causes serious disputes with mall management, the landlord has grounds to terminate the lease and file for eviction.

3. Expiration of Lease Term and Non-Renewal (TCO Art. 347)

The landlord cannot evict the tenant during the first 10 years of the lease unless there is legal cause. However, after the 10th year, the landlord may terminate the lease without cause, provided they give at least one month’s written noticebefore the end of the lease term.

4. Written Eviction Undertaking by the Tenant (TCO Art. 352/1)

If the tenant has given a written undertaking to vacate the premises on a specific date but fails to do so, the landlord may file an eviction lawsuit.

5. Demolition or Major Renovation (TCO Art. 350)

If the landlord plans to rebuild or substantially renovate the leased property, they may seek eviction. However, the need for reconstruction must be genuine and necessary, and it must be proven in court.

Special Considerations in Shopping Mall Practice

Eviction processes in shopping malls often include additional challenges, such as:

• Pressure from mall management to terminate leases
• Forcing tenants to sign new lease agreements under threat of eviction
• Issuing eviction notices after disputes over excessive service charges
• Invoking violations of the mall’s management plan to justify eviction

Some of these practices may violate the law and infringe on tenants’ rights protected under the Code of Obligations.

How Can a Tenant Protect Their Rights?

Mall tenants may take legal action in the following cases:

• Facing threats of eviction
• Receiving unfair notices or facing wrongful termination
• Being pressured into new lease terms not included in the original contract

Legal remedies include:

• Sending formal notices (ihtarname)
• Filing declaratory or annulment lawsuits
• Requesting injunctions to prevent wrongful eviction
• Challenging unlawful eviction attempts in court

Our Legal Services at Türeli & Ceylan Attorney-at-Law

• Legal review of your shopping mall lease agreement
• Litigation and defense against unlawful eviction attempts
• Legal support for eviction undertakings, formal notices, and enforcement actions
• Representation in negotiations with mall management and mediation proceedings

A shopping mall tenant can only be evicted if legal grounds exist and the process complies with procedural requirements. By being aware of your rights, you can effectively resist wrongful eviction attempts.

If you operate a business in a shopping mall and are facing eviction pressure, Türeli & Ceylan Attorney-at-Law is ready to provide you with tailored legal solutions. Let us help you assert your rights and avoid unjust removal.