One of the most commonly used legal grounds for terminating a lease agreement is the landlord’s genuine need for the property, either for themselves or for certain close family members. However, simply claiming a need is not sufficient. The right to seek eviction is only valid if the conditions required by law are met and, most importantly, if the strict filing deadlines are observed.
This issue is highly relevant for anyone who owns property or rents real estate in Türkiye. It is particularly important for Turkish citizens living abroad who wish to use or manage their properties in Türkiye, as well as for foreign nationals who own real estate in the country. In this article, we explain the legal basis of eviction due to necessity, the required conditions, whether a formal notice is mandatory, and the most critical issue of all—the filing deadlines. We also provide a practical example based on a lease agreement beginning on 06.06.2026.
What Is Eviction Due to Personal Need?
Eviction due to personal need allows a landlord to terminate a residential or commercial lease through a court action when the property is genuinely required for the landlord’s own use or for the use of certain family members specifically listed in the law.
The legal basis for this right is found in Article 350 of the Turkish Code of Obligations No. 6098 under the heading “Necessity, Reconstruction and Redevelopment.”
Under the law, a landlord may terminate a lease if:
- The property is required for the landlord, their spouse, descendants, ascendants, or persons they are legally obliged to support for residential or business purposes; or
- The property must undergo substantial reconstruction, redevelopment, expansion, or renovation that makes continued occupancy impossible.
Although Article 350 regulates both necessity and reconstruction-related evictions, this article focuses primarily on eviction based on personal need.
Whose Need Can Justify an Eviction?
The law limits the individuals whose need may legally justify an eviction claim. A landlord cannot rely on the needs of individuals outside this list.
Eligible persons include:
- The landlord
- The landlord’s spouse
- Children and grandchildren (descendants)
- Parents and grandparents (ascendants)
- Individuals whom the landlord is legally obligated to support
This right is available not only to the original landlord but also to a new owner who acquires the property through purchase or another legal transfer. However, different notification requirements and deadlines may apply to new owners under Article 351 of the Turkish Code of Obligations.
The Need Must Be Genuine, Sincere, and Necessary
One of the most common reasons eviction lawsuits are dismissed is the failure to prove a legitimate need.
According to well-established decisions of the Court of Cassation, the alleged need must be genuine, sincere, and necessary. Courts generally reject claims where the real objective is to increase rental income, lease the property to another tenant at a higher rate, or rely on a hypothetical future need that may never materialize.
Furthermore, the need must continue to exist throughout the litigation process. If circumstances change and the need disappears, the lawsuit may be dismissed.
Which Court Has Jurisdiction?
Eviction lawsuits based on necessity are filed before the Civil Court of Peace (Sulh Hukuk Mahkemesi) located where the property is situated.
A critical procedural rule should also be noted:
Since 1 September 2023, mandatory mediation has become a prerequisite for lease-related disputes, including eviction cases. A lawsuit filed without first completing the mediation process may be dismissed due to the absence of a required procedural condition. Because mediation can affect filing deadlines, landlords should avoid waiting until the last moment.
Is a Formal Notice Required?
No. A landlord is not legally required to send a formal notice to the tenant before filing an eviction lawsuit based on necessity.
For fixed-term lease agreements, the landlord may file the lawsuit directly within the statutory period following the expiration of the lease term.
Nevertheless, serving a written notice is often highly beneficial. As explained below, a properly delivered notice may extend the filing period by an additional lease year and significantly reduce the risk of missing critical deadlines.
The Most Important Issue: Filing Deadlines
The decisive factor in necessity-based eviction cases is compliance with statutory deadlines.
These deadlines are considered strict and mandatory. Courts examine them on their own initiative, even if the tenant does not raise an objection. Missing the deadline by even a single day may result in dismissal of the case.
1) Fixed-Term Lease Agreements
For fixed-term leases, the eviction lawsuit must be filed within one month following the expiration of the lease term.
2) Indefinite-Term Lease Agreements
For indefinite-term leases, the lawsuit must be filed within one month following the termination date determined according to the applicable notice periods and termination rules governing such leases.
3) İExtension of the Filing Period Through Written Notice (Article 353)
Because the one-month filing period is extremely short, Article 353 provides an important safeguard for landlords.
If the landlord notifies the tenant in writing that an eviction lawsuit will be filed, either during the lease term or within the one-month filing period, the right to file the lawsuit is extended for one additional lease year.
This provision gives landlords substantially more time to initiate legal proceedings and helps prevent the loss of rights due to a missed deadline.
Practical Example: Lease Agreement Beginning on 06.06.2026
Assume that a residential lease agreement is signed on 06.06.2026 for a fixed term of one year.
The timeline would operate as follows:
If No Written Notice Is Sent
The lease expires on 06.06.2027.
The landlord must file the eviction lawsuit within one month of that date, meaning no later than 06.07.2027.
If the lawsuit is not filed within this period, the landlord loses the right to seek eviction based on necessity for that lease year.
If Written Notice Is Sent
If the landlord provides written notice to the tenant stating that an eviction lawsuit will be filed—either during the lease term (06.06.2026–06.06.2027) or within the one-month filing period ending on 06.07.2027—the filing deadline is extended by one additional lease year pursuant to Article 353.
In that case, the eviction lawsuit may be filed until 06.06.2028.
Conclusion
Eviction due to personal need is one of the strongest legal grounds available to landlords under Turkish law. However, success depends not only on proving a genuine and necessary need but also on strict compliance with procedural requirements and filing deadlines.
Particular attention should be paid to:
- Whether the need is genuine, sincere, and ongoing
- The identity of the person whose need is being asserted
- Mandatory mediation requirements
- Statutory filing periods
- The strategic use of written notices to extend deadlines
Because a missed deadline can permanently eliminate the right to seek eviction for that lease period, obtaining legal advice and carefully planning the process is strongly recommended.
F.A.Q.
Is a notice of demand required before filing an eviction lawsuit based on necessity?
No, it is not legally mandatory. However, sending a written notice is highly recommended because, under Article 353 of the Turkish Code of Obligations, it can extend the filing period for the eviction lawsuit by one additional lease year.
What happens if I miss the deadline to file the lawsuit?
The one-month filing period is a strict forfeiture period. If it is missed, the landlord loses the right to file an eviction lawsuit for that lease term. However, if a written notice was served within the statutory period, the filing deadline may be extended for one additional lease year.
I live abroad. Can I initiate this eviction process without traveling to Turkey?
Yes. The mandatory mediation application and the subsequent court proceedings can be handled through a duly authorized attorney in Turkey. Your personal attendance is generally not required.
Can I immediately rent the property to someone else after obtaining an eviction order?
No. Unless there is a justified reason, a property vacated due to a necessity-based eviction cannot be rented to a third party for three years under Article 355 of the Turkish Code of Obligations. Failure to comply may result in compensation liability.