One of the most pervasive disputes in residential tenancies arises when a tenant refuses to vacate the real property despite the arrival of the eviction deadline. Landlords frequently inquire about the available legal avenues, particularly regarding the expiration of the lease term, non-payment of rent, or eviction requests based on personal residential necessity.
Under the Turkish Code of Obligations, the eviction of a tenant is strictly conditional upon the existence of specific statutory grounds. A landlord possesses no unilateral authority to remove a tenant based on personal discretion. The entire process must be executed exclusively through formal legal channels.
Can a Landlord Unilaterally Evict a Tenant?
No.
Actions taken by a landlord such as:
Cutting off the tenant’s electricity, water, or gas supply
Changing the door locks of the property
Removing the tenant’s personal belongings from the premises
Applying physical or psychological pressure
are entirely unlawful and may trigger severe criminal liability.
The eviction of a tenant can only be lawfully achieved through:
Enforcement (execution) proceedings
An eviction lawsuit (eviction action)
Or a valid, legally enforceable eviction commitment
On What Statutory Grounds Is Tenant Eviction Possible?
Ev sahibi aşağıdaki durumlarda tahliye talebinde bulunabilir:
Kira Bedelinin Ödenmemesi
Kiracının kira borcunu ödememesi halinde icra takibi başlatılabilir ve tahliye talep edilebilir.
İhtiyaç Nedeniyle Tahliye
Ev sahibinin, eşinin, çocuklarının veya bakmakla yükümlü olduğu kişilerin konut ihtiyacı doğmuşsa tahliye davası açılabilir.
Tahliye Taahhütnamesi
Kiracı tarafından geçerli şekilde imzalanmış tahliye taahhüdü varsa icra yoluyla tahliye mümkündür.
İki Haklı İhtar
Bir kira yılı içerisinde kira ödememesi nedeniyle iki haklı ihtar alan kiracı hakkında tahliye davası açılabilir.
Kirayı Ödemeyen Kiracıya Karşı Ne Yapılabilir?
A landlord may formally demand eviction under the following specific circumstances:
Non-Payment of Rent: If the tenant fails to pay the agreed-upon rent, the landlord may initiate enforcement proceedings and demand eviction.
Eviction Due to Necessity: If a bona fide residential necessity arises for the landlord, their spouse, their descendants (children), their ascendants, or other individuals whom the landlord is legally obligated to maintain, an eviction lawsuit may be filed.
Eviction Commitment (Tahliye Taahhütnamesi): If the tenant has executed a valid written commitment promising to vacate the property on a specific date, eviction can be enforced directly through enforcement offices.
Two Justified Warning Letters: An eviction lawsuit can be filed against a tenant who has received two justified written warnings regarding the non-payment of rent within the same lease year.
What Steps Can Be Taken Against a Non-Paying Tenant?
If a tenant defaults on rent payments, the landlord is legally entitled to:
Issue a formal warning letter via a notary public.
Initiate enforcement proceedings for the collection of debt.
Execute enforcement proceedings with a specific request for eviction.
If the tenant fails to settle the arrears within the statutory timeframe despite receiving the formal payment order, the eviction process may be accelerated.
How Long Do Eviction Proceedings Take?
The duration of eviction lawsuits varies extensively based on:
The specific underlying legal ground for eviction
The current caseload and scheduling density of the competent court
The nature of the objections raised by the tenant
In judicial practice, the process routinely extends from several months to longer periods depending on the complexity of the case.
Is Mediation Mandatory?
Yes. Under current statutory legislation, it is a strict mandatory prerequisite to apply for mediation before filing a lawsuit regarding tenancy disputes. Consequently, the mediation process must be fully exhausted and concluded before an eviction lawsuit can be actively heard by the court.
The Critical Importance of Procedural Compliance
Tenant eviction procedures are highly technical matters where procedural rules are strictly enforced by courts. Specifically:
Drafting warning letters in strict compliance with legal forms
Strict adherence to statutory notification timelines and limitations periods
Compiling comprehensive and flawless evidentiary files
are of paramount importance to prevent any loss of rights.
Any non-compliant or procedurally defective transaction may result in the immediate dismissal of the lawsuit or a protracted extension of the dispute. Therefore, it is strongly advised that all lease and tenancy disputes be managed under the guidance of a qualified legal professional.