Is a Tenant Obliged to Leave When the Property Is Sold? Rights of the New Owner

Türeli & Ceylan Law Firm – Tenancy & Real Estate Law

Have you sold a rental property but the tenant is still occupying it?
Or have you purchased a property that is still under tenancy and now wish to evict the tenant?

In this guide, we explain—based on the Turkish Code of Obligations—the rights of the new property owner, the eviction process after a property sale, and the relevant legal procedures. We also outline how Türeli & Ceylan Law Firm provides professional support in managing these matters.

Legal Framework: Sale of Leased Property and Tenancy Relations

According to Article 310 of the Turkish Code of Obligations:

“In the event that the leased property is transferred to a third party, the lease agreement shall remain valid for the new owner. However, if the new owner, their spouse, descendants, or ascendants have a genuine and compulsory need for residential or commercial use of the property, the new owner may terminate the lease.”

In other words, the sale of a leased property does not automatically terminate the lease. The tenant may continue residing in the property for the duration of the lease.
However, in specific circumstances, the new owner may initiate eviction.

Conditions Under Which the New Owner May Evict the Tenant

For a new owner to exercise their right to evict the tenant, all of the following conditions must be met:

1. Existence of a Legitimate Need for Residential or Commercial Use
   The new owner must prove that they—or their spouse, child, parent—genuinely and necessarily need the property for personal use.
2. Written Notification Within 1 Month of Purchase
   The new owner must serve written notice via a notary to the tenant within 1 month of the title deed transfer (Art. 351 TCO).
3. Eviction Lawsuit May Be Filed 6 Months After Purchase
   If the tenant refuses to vacate the property, the new owner may file an eviction lawsuit after 6 months from the date of acquisition.

Article 351 TCO: “If the new owner intends to use the property for themselves or close relatives, they must notify the tenant in writing within 1 month of acquiring the property and may initiate an eviction lawsuit after 6 months.”

If a Valid Eviction Undertaking Exists

If the tenant previously signed a valid eviction undertaking (tahliye taahhütnamesi) with the former owner—and it was transferred to the new owner—then the tenant is obliged to vacate the property on the agreed date.

If not, the landlord may pursue direct enforcement proceedings for eviction based on the undertaking.

Continuation of the Lease Agreement

The new owner may also choose to maintain the existing lease. In such cases:

• The existing rent amount and lease term remain valid
• The tenant pays rent to the new owner
• A new contract is not mandatory, but recommended for clarity

Common Issues in Practice

• The new owner misses the 1-month notification deadline
• Notification made via WhatsApp or verbally, rather than through a notary
• Eviction requested for investment purposes, not genuine need
• Eviction undertakings with undated or incorrectly dated documents
• Lawsuits filed before the lease expires

These mistakes may lead to dismissal of the lawsuit and allow the tenant to remain in the property for an extended period.

How Türeli & Ceylan Law Firm Assists You

• We manage the entire post-sale eviction process from beginning to end
• We ensure that notification to the tenant is made properly and lawfully
• If needed, we file a timely eviction lawsuit after the required 6-month period
• If a valid eviction undertaking exists, we initiate direct enforcement proceedings
• We gather all supporting evidence and represent you throughout litigation
• We protect your interests by avoiding costly mistakes and delays

Frequently Asked Questions (FAQ)

Q: I bought the property, but it’s been over 2 months and I haven’t sent a notice. Can I still file for eviction?
A: You may have forfeited your right due to missing the 1-month notice deadline. A legal evaluation based on the specific case is required.

Q: Can I hand-deliver the notice to the tenant instead of using a notary?
A: No. The notice must be delivered via notary or registered mail with return receipt. Otherwise, it may be deemed invalid.

Q: I bought a house and plan to move in. What if the tenant refuses to leave?
A: If all legal conditions are met, you may initiate an eviction lawsuit after 6 months and remove the tenant with a court ruling.