Lease agreements lie at the intersection of two fundamental constitutional rights: property rights and the freedom of housing and work. They impose reciprocal obligations and liabilities on both parties. Under the Turkish Code of Obligations (TCO), the tenant is legally recognized as the weaker party and protected as a requirement of the social state principle. Consequently, unlike general contract law rules, the termination of a lease agreement and the eviction of a tenant from real estate are subject to strict formal conditions and limited statutory grounds. In this article, the grounds for termination of lease agreements and the legal avenues available to landlords for tenant eviction will be thoroughly analyzed within the framework of the TCO and residential lease doctrine.
1. Termination of Lease Agreements via Notice (TCO Art. 347)
Contrary to general contract law principles, the expiration of the lease term does not automatically terminate a residential or roofed workplace lease agreement. The legislator has subjected notice-based termination to different conditions for tenants and landlords:
A) Termination from the Tenant’s Perspective:
In fixed-term residential and roofed workplace leases, unless the tenant gives notice of termination at least fifteen days prior to the expiration of the lease term, the contract is deemed extended for one year under the same conditions. This right is granted unconditionally to the tenant; the landlord cannot terminate the lease based solely on the expiration of the lease term.
B) Termination from the Landlord’s Perspective (Ten-Year Extension Period):
The landlord cannot terminate the contract based merely on the expiration of the agreed lease term. However, once the ten-year extension period expires, the landlord may terminate the agreement without stating any justification, provided that written notice is served at least three months prior to the end of each subsequent extension year. This notice requirement pertains to public policy, and failure to comply with statutory timelines results in a forfeiture of rights.
2. Eviction Lawsuits Arising from Landlord-Related Grounds (TCO Art. 350)
The landlord may terminate the lease agreement and demand eviction by filing a lawsuit upon the presence of specific statutory grounds exhaustively enumerated in the law:
A) Eviction Due to Necessity (Personal/Family Need):
A lawsuit may be filed if the landlord requires the property for housing or workplace needs for themselves, their spouse, descendants, ascendants, or other dependents by law. To establish this claim before the court, the need must be real, sincere, and mandatory. Needs based on future possibilities or hypothetical contingencies cannot constitute valid grounds for eviction. Eviction is executed via a lawsuit filed at the end of the term in fixed-term leases, or in accordance with termination periods in indefinite-term leases.
B) Eviction Due to Reconstruction and Urban Renewal:
This legal path is utilized when the leased property requires demolition and reconstruction, or substantial repair, renovation, expansion, or alteration that renders the property unusable during such works. In this case, approved reconstruction plans or renovation projects must exist. By law, property evicted for reconstruction or renovation cannot be leased to anyone other than the former tenant for three years without justifiable cause; otherwise, the landlord incurs liability to pay compensation to the former tenant (TCO Art. 355).
3. Termination and Eviction Arising from Tenant-Related Grounds (TCO Art. 352)
Eviction may also occur due to circumstances, undertakings, or actions attributable to the tenant following the formation of the lease agreement:
A) Existence of a Written Undertaking to Vacate (Eviction Commitment):
If the tenant undertakes in writing, after the delivery of the leased premises, to vacate the property on a specific date, the landlord may terminate the lease by applying for enforcement or filing a lawsuit within one month starting from that date. Validity conditions for an eviction commitment are extremely strict: it must be in written form and executed freely after the signing of the lease agreement. Commitments obtained on the same day as the contract or prior to property delivery are legally invalid.
B) Eviction Due to Two Justified Written Warnings:
If the tenant causes two justified written warnings to be served within a single lease year for non-payment of rent, the landlord may file an eviction lawsuit within one month following the end of the lease term or the lease year in which warnings were issued. The warnings must pertain to different months, clearly specify the due rental amount, and be served in writing (typically via notary).
C) Tenant or Spouse Owning Suitable Alternative Housing:
If the tenant or their cohabiting spouse owns a residential property suitable for dwelling within the boundaries of the same district or municipality, and the landlord was unaware of this at the time of contract execution, the landlord may terminate the lease via court action within one month from contract expiry.
4. Non-Payment of Rent and Tenant Default (TCO Art. 315)
The primary contractual obligation of a tenant is to pay the agreed rent fully and on time. If the tenant defaults on paying due rent or ancillary expenses, the landlord may issue a written notice granting a grace period and stating that the contract will be terminated if payment is not completed within that period. For residential and roofed workplace leases, the mandatory grace period is at least thirty days, commencing on the day following service of notice. If the debt is not fully satisfied upon expiration of 30 days, the landlord may file an eviction suit in Civil Court of Peace or initiate enforcement proceedings with an eviction request (Sample No: 13).
5. Eviction Methods and Statutory Timelines Comparison Table
| Eviction Ground | Legal Basis (TCO) | Lawsuit / Enforcement Deadline |
| Eviction Due to Necessity (Need) | Article 350/1 | Within 1 month from the end of the lease term |
| Eviction Due to Reconstruction | Article 350/2 | Within 1 month from the end of the lease term |
| Written Eviction Undertaking | Article 352/1 | Within 1 month starting from the committed vacate date |
| Two Justified Written Warnings | Article 352/2 | Within 1 month from the end of the lease year/term |
| Tenant Default (Non-Payment) | Article 315 | Upon expiration of the 30-day statutory notice period |
| Ten-Year Extension Period | Article 347 | With written notice at least 3 months prior to period end |
6. Frequently Asked Questions (FAQ)
Q1: Can a tenant be evicted if the lease agreement was made orally?
A1: Under the Turkish Code of Obligations, the validity of lease agreements is not subject to any formal writing requirement; therefore, oral lease contracts are fully valid in law. However, since proving details such as lease start date, rent amount, and eviction terms can be challenging in oral agreements, the landlord must establish eviction grounds (e.g., necessity or default) under general evidentiary rules.
Q2: How can the old tenant be evicted by a new purchaser of the property?
A2: The new owner automatically becomes a party to the lease contract by operation of law upon acquiring the property. Provided that the new owner serves written notification (via notary) within one month from acquisition, they may request eviction by filing a lawsuit six months after the acquisition date. Alternatively, the new owner may file an eviction suit directly based on personal necessity within one month following the expiration of the contractual lease term.
Q3: Can a tenant be immediately evicted if rent is paid late or incompletely?
A3: No, there is no right to immediate summary eviction. In case of incomplete or unpaid rent, the landlord must first issue a default warning granting at least a 30-day statutory period pursuant to TCO Art. 315, or initiate enforcement proceedings with an eviction claim. Only if the outstanding balance remains unpaid upon expiration of this 30-day period can eviction be executed via court judgment or enforcement office.
Q4: Can a landlord evict a tenant simply by stating they will not renew the lease?
A4: Simply reaching the expiration date of the lease term does not give the landlord the right to evict tenants in residential or roofed workplace leases. The contract automatically extends in one-year periods unless the tenant gives notice. The landlord can only evict based on term expiration after the 10-year extension period has elapsed.
7. Precedental Court of Cassation Decisions Regarding Eviction Law
Precedent 1: General Assembly of Civil Chambers (HGK) — Main No: 2017/2100, Decision No: 2021/1084
Although ordinary execution proceedings without a judgment are generally permissible only for monetary claims, Articles 269 et seq. of the Bankruptcy and Enforcement Law (EBL) stipulate special provisions allowing eviction proceedings for leased real estate. In this enforcement path, a payment order is served on the tenant, warning them to pay outstanding rent within 30 days (60 days for agricultural leases), failing which the landlord may seek attachment and eviction. If the tenant objects within 7 days, proceedings stop. To resume proceedings, the landlord must apply to the enforcement court for removal of objection and eviction or file an action for annulment of objection in Civil Court.
Precedent 2: Court of Cassation 3rd Civil Division — Main No: 2017/16973, Decision No: 2018/5110
Pursuant to TCO Article 352/2, an eviction lawsuit based on two justified warnings must be filed within one month following the expiration of the lease term (or the lease year in which warnings were issued for leases longer than one year). For eviction to be ordered, two written warnings must be served within a single lease year for non-payment of rent. Payments made after service of warning do not invalidate the warning’s justified status.
Precedent 3: Court of Cassation 6th Civil Division — Main No: 2013/10338, Decision No: 2013/12808
Under TCO Article 352/2, warnings do not need to specify a cure period to be deemed justified. It is sufficient for validity that the warning is in writing, explicitly identifies the specific month’s rent claimed, is properly served, and that the rent for said month was unpaid at the time of service or paid only after receiving notice.
Precedent 4: Court of Cassation 6th Civil Division — Dated 13.10.2014, Main No: 2014/9523, Decision No: 2014/10948
In lawsuits based on residential necessity, the fact that the landlord/claimant currently resides as a tenant in another property is sufficient proof of necessity. Since the defendant failed to refute the claim that the plaintiff resides in rented premises, the court should have accepted the necessity as real, sincere, and mandatory, ordering eviction. Dismissing the case was held to be erroneous.
Precedent 5: Court of Cassation 3rd Civil Division — Dated 21.02.2023, Main No: 2022/8307, Decision No: 2023/168
When a tenant signs a blank document without a date, the tenant is deemed to have authorized the landlord to fill in the contents. Even if the execution date is absent, an eviction undertaking containing the clause ‘where I currently reside as tenant’ demonstrates that it was executed subsequent to the lease agreement, rendering the eviction commitment valid and enforceable in law.