How to Evict a Tenant in Turkey? A Comprehensive Guide to Eviction Lawsuits 

Türeli & Ceylan Law Firm – Real Estate & Tenancy Law Department

Is your tenant failing to pay rent for an extended period?
Did you sell the property, but the tenant refuses to vacate?
Has the lease expired but the property hasn’t been returned?

In these cases, legal eviction of the tenant is possible. However, if the eviction process is not handled properly, it may take years to resolve.

This article explains the legal grounds for eviction, how to file an eviction lawsuit, how long the process takes, and how you can manage the situation efficiently and lawfully.

What Is Tenant Eviction?

Tenant eviction refers to the legal process by which a landlord removes a tenant from a leased property based on legitimate legal grounds. The eviction is conducted either through court proceedings or enforcement offices, in accordance with the Turkish Code of Obligations (TCO) and the Enforcement and Bankruptcy Law (EBL).

What Are the Legal Grounds for Eviction?

Under Turkish law, a tenant can only be evicted for legally valid reasons. Common grounds include:

1. Non-Payment of Rent (TCO Art. 315)
   If the tenant fails to pay rent on time, the landlord may issue a written notice granting 30 days to pay. If payment is not made, the lease may be terminated, and an eviction lawsuit may be filed.
2. Eviction Due to Two Valid Warnings (TCO Art. 352/2)
   If the landlord issues two justified warnings within one lease year due to late rent payments, the landlord may file for eviction at the end of the lease term.
3. Eviction Based on a Written Undertaking (TCO Art. 352/1)
   If the tenant has signed a written and dated eviction undertaking, they are legally obliged to vacate the property on that date. If they fail to comply, eviction proceedings can be initiated directly via enforcement.
4. Landlord’s or Immediate Family’s Housing Need (TCO Art. 350)
   If the landlord or their immediate family has a genuine and urgent need to reside in the property, an eviction case may be filed at the end of the lease.
5. Reconstruction or Major Renovation (TCO Art. 350/2)
   If the property requires rebuilding or substantial renovation, eviction may be demanded to carry out the work.
6. Eviction by New Owner Due to Personal Need (TCO Art. 351)
   If the property is sold, the new owner must notify the tenant within 1 month of purchase and may file for eviction after 6 months, citing personal use.

How to File an Eviction Lawsuit?

Eviction procedures vary depending on the legal basis and fall into two main categories:

A. Eviction via Enforcement (Without Court Judgment)

• Initiated based on a written eviction undertaking.
• Application is made to the enforcement office.
• If the tenant objects, court proceedings may follow.

B. Eviction via Court Proceedings

• Applicable when based on reasons such as non-payment, necessity, or dual warnings.
• Lawsuit is filed before the Civil Court of Peace (Sulh Hukuk Mahkemesi).
• All supporting documents (lease agreement, notices, title deed, bank records) must be presented.

How Long Does the Eviction Process Take?

• Via enforcement (non-contested): Approximately 2–6 months
• Via court proceedings: Depending on court workload, 6 months to 1.5 years

Errors in procedure or missing documents may extend this period. For this reason, professional legal guidance is crucial.

Common Mistakes in Tenant Evictions

• Invalid or improperly executed eviction undertakings
• Notices not sent in accordance with legal requirements
• Missing statutory deadlines for filing lawsuits
• Landlord’s need not properly substantiated
• Procedural errors in enforcement proceedings

These mistakes can result in losing a valid case and may cause the tenant to remain in the property for another 2–3 years.

How Türeli & Ceylan Law Firm Can Help

• We assess the most appropriate legal ground for eviction in your situation.
• If a valid eviction undertaking exists, we initiate direct enforcement procedures.
• We file eviction lawsuits where necessary.
• We prepare all necessary evidence and documentation to expedite the process.
• We handle notifications, notices, and enforcement actions professionally.
• We ensure a transparent, timely, and effective legal process.

You won’t have to deal with your tenant directly — we ensure you achieve a legally enforceable result.

Frequently Asked Questions (FAQ)

Q: I sold my property. Can I evict the tenant immediately?
A: No. As the new owner, you must notify the tenant within 1 month of purchase and may file for eviction 6 months later, citing personal need.

Q: My tenant verbally agreed to move out but didn’t. What can I do?
A: Without a written and signed undertaking, you will need to file a court eviction case.

Q: The lease expired, but I still can’t evict the tenant. Is that possible?
A: Yes. Even after lease expiry, tenants are protected by law. You must have a valid legal ground and initiate a lawsuit; eviction is not automatic.