{"id":812,"date":"2025-08-18T14:46:18","date_gmt":"2025-08-18T11:46:18","guid":{"rendered":"https:\/\/tureliceylan.com\/en\/?p=812"},"modified":"2025-08-18T14:46:48","modified_gmt":"2025-08-18T11:46:48","slug":"can-a-shopping-mall-tenant-be-evicted","status":"publish","type":"post","link":"https:\/\/tureliceylan.com\/en\/can-a-shopping-mall-tenant-be-evicted\/","title":{"rendered":"Can a Shopping Mall Tenant Be Evicted?"},"content":{"rendered":"\n

Eviction is among the most common disputes between shopping mall (AVM) tenants<\/strong> 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?<\/em><\/p>\n\n\n\n

In What Cases Can a Mall Tenant Be Evicted?<\/strong><\/p>\n\n\n\n

The eviction of a shopping mall tenant is primarily governed by the Turkish Code of Obligations (TCO) No. 6098<\/strong>. Commercial units within a shopping mall fall under the scope of \u201cleases of residential and roofed commercial premises\u201d<\/strong>, meaning that special protective rules<\/strong> apply to tenants in these premises.<\/p>\n\n\n\n

1. Non-Payment of Rent (TCO Art. 315)<\/strong><\/p>\n\n\n\n

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

\u201cIf the tenant fails to pay the due rent, the landlord may serve a written notice requesting performance.\u201d<\/p>\n\n\n\n

Additionally, if the tenant receives two justified notices<\/strong> (ihtar) within the same calendar year, the landlord may file for eviction based on repeated default<\/strong>.<\/p>\n\n\n\n

2. Improper Use of the Premises (TCO Art. 316)<\/strong><\/p>\n\n\n\n

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.<\/p>\n\n\n\n

3. Expiration of Lease Term and Non-Renewal (TCO Art. 347)<\/strong><\/p>\n\n\n\n

The landlord cannot evict the tenant during the first 10 years<\/strong> of the lease unless there is legal cause. However, after the 10th year, the landlord may terminate the lease without cause<\/strong>, provided they give at least one month\u2019s written notice<\/strong>before the end of the lease term.<\/p>\n\n\n\n

4. Written Eviction Undertaking by the Tenant (TCO Art. 352\/1)<\/strong><\/p>\n\n\n\n

If the tenant has given a written undertaking<\/strong> to vacate the premises on a specific date but fails to do so, the landlord may file an eviction lawsuit.<\/p>\n\n\n\n

5. Demolition or Major Renovation (TCO Art. 350)<\/strong><\/p>\n\n\n\n

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

Special Considerations in Shopping Mall Practice<\/strong><\/p>\n\n\n\n

Eviction processes in shopping malls often include additional challenges<\/strong>, such as:<\/p>\n\n\n\n