ENTRANCE
According to Article 352/2 of the Turkish Code of Obligations (TCO), if a tenant fails to pay the rent on time, the landlord has the right to file an eviction lawsuit within one month of the end of the lease term, provided the tenant has given two justified notices within a lease year or lease term. This regulation provides a specific ground for termination for the landlord if the tenant’s default becomes systematic.
The two-justifiable notice system aims to protect both the stability of the tenancy and the landlord’s economic interests. The aim is to prevent persistent and habitual payment delays.
DEVELOPMENT
1-) Legal Basis and Regulation
TCC article 352/2:
“If the tenant has caused two justified written notices to be given due to non-payment of rent in a rental year or a rental period, the lessor may terminate the rental agreement by filing a lawsuit within one month from the end of the rental period.”
2-) Conditions for Two Justified Warnings
A-) Non-Payment of Rent
-For the warnings to be valid, the reason must be non-payment of the rent (or additional expenses).
-Incomplete payment or no payment is evaluated within this scope.
B-) Non-Payment of Rent
-For the warnings to be valid, the reason must be non-payment of the rent (or additional expenses).
-Incomplete payment or no payment is evaluated within this scope.
C-) Realization within the Same Lease Year or Period
-Both warnings must be made in the same rental year (or period).
-The rental year is generally calculated based on the start date in the contract, not the calendar year.
D-) Written Form
-Warnings must be made in writing (via notary, registered letter or KEP).
-Verbal notification is not legally valid.
E-) Being Based on the Same Contract
-Warnings must arise from the lease agreement for the same rented property.
F-) Failure to pay rent until the proper notification date of the notice.
Sending a notice alone doesn’t have any consequences. The notice must be served on the tenant. The tenant must also not pay rent before the notice is served. In other words, it doesn’t matter if the tenant pays after the notice is served.
3-) Period for Filing an Eviction Case
-A lawsuit must be filed within 1 month from the end of the lease period.
-This period is lapse of time, if the period is exceeded, the right to file a lawsuit is void.
4-) Competent and Authorized Court
Competent court:Civil Court of Peace
Competent court:The location of the rented property is the Civil Court of Peace
5-) Proof and Evidence
-Samples of warning letters, notary records, bank statements, rental agreements.
-The tenant’s payment dates and notice dates are compared.
6-) How Long Does the Trial Take? What is the Case Value?
In eviction cases, litigation costs are generally calculated based on the annual rent, and the advance payments for fees and expenses vary depending on the annual rent. For example, in a case with a single lessor and a single tenant with an annual rent of 120,000 TL, the total advance payments for fees and expenses would be 4,969.10 TL as of 2025. Similarly, in an eviction case with a single lessor and a single tenant with an annual rent of 1,200,000 TL, the total advance payments for fees and expenses would be 23,412.80 TL as of 2025.The average duration of the case is between 6 months and 2 years.
CONCLUSION
The eviction lawsuit due to two justified notices is a special regulation aimed at protecting the lessor, which allows the lessor to terminate the contract in case the tenant systematically defaults in paying the rent.
In accordance with the principle of legal certainty, the justification and timeframe requirements for warnings must be strictly enforced. The established precedents of the Court of Cassation are guiding in this regard, and it is crucial that the one-month limitation period is not missed when filing a lawsuit.
MOST WONDERED QUESTIONS ABOUT EVICTION CASE DUE TO TWO JUSTIFIED WARNINGS (CAUSED BY TWO DELAYS IN RENT)
1-) What is the case of eviction due to two justified warnings?
According to TCC article 352/2, if the tenant is given two justified warnings due to non-payment of rent within the same rental year, the lessor may terminate the contract at the end of the rental period through a lawsuit.
2-) What is the definition of “two justified warnings”?
Two separate written notices must be given within the same rental year.
3-) How should a written warning be made?
It can be done via notary, registered letter or enforcement proceedings (payment order).
4-) Can enforcement proceedings be considered as a warning?
Yes, enforcement proceedings are also considered a justifiable warning. However, as mentioned above, the elements of a justifiable warning do not exist without proper notification.
5-) Why is it important that the warnings are made within the same rental year?
For the condition to occur, two warnings must occur within the same rental year (or rental period).
6-) How is the rental year determined?
It is determined by the start date of the lease agreement. For example, the first year of a lease agreement dated January 1, 2025, is January 1, 2025, through December 31, 2025. The new lease period begins on January 1, 2026.
7-) What happens if payment is made before the warning?
Payment made before the warning prevents the warning from being considered “justified”.
😎 Is there a time limit between two warnings?
There is no specific time period specified, but they must be in different months and performed during the same period.
9-) When is the eviction case opened?
It must be opened within one month of the end of the lease period (or notice year).
10-) In which court is the case filed?
It is opened in the Civil Court of Peace where the real estate is located.
11-) For which rentals is it valid?
It is only applied to residential and roofed workplace rentals.
12-) Can a warning be given other than non-payment of rent?
No, a warning can only be issued for rent debts; it does not apply to other debts such as dues.
13-) Does the process require mandatory mediation?
Yes, there is a mandatory mediation requirement as of September 1, 2023.
14-) How long will the lawsuit last? What is the value of the lawsuit?
Generally, litigation costs in eviction cases are calculated based on the annual rent, and the advance payments for fees and expenses vary according to the annual rent. For example, in a case with a single tenant and a single lessor with an annual rent of 120,000 TL, the total advance payments for fees and expenses would be 4,969.10 TL as of 2025. Similarly, in an eviction case involving a single lessor and a single tenant with an annual rent of 1,200,000 TL, the total advance payments for fees and expenses would be 23,412.80 TL as of 2025. The average duration of a lawsuit is between 6 months and 1 year. If the plaintiff submits all necessary notices, notices, and other required documents, and the court completes any missing documents by summoning them before the hearing, the lawsuit will automatically be shortened. If all the documents are completed, an eviction decision can be issued at the first hearing.
15-) What can be the tenant’s defense?
Reasons may be put forward such as that the warnings were not made on time, that there was an objection, or that the deadline was missed.
EVICTION CASE DUE TO TWO JUSTIFIED WARNINGS (CAUSED BY TWO DELAYS IN THE RENT) AND THE COURT OF APPEALS DECISIONS
1-) Supreme Court Decision – 6th HD., E. 2009/8672 K. 2009/11254 T. 17.12.2009:
| “…According to established precedents, an eviction lawsuit filed due to two justified warnings must be filed within one month from the end of the lease agreement. In order for an eviction order to be issued in a lawsuit filed for two justified notices, the tenant must have given two justified notices within a lease year. Payments made after the notice is served do not prevent the occurrence of two justified notices. Two justified notices do not occur in indefinite contracts, in cases where rent must be paid annually, or in contracts of less than one year. |
2-) Supreme Court Decision – 6th HD., E. 2014/4142 K. 2014/5419 T. 29.4.2014:
| “…Pursuant to Article 352/2 of the Turkish Code of Obligations, an eviction lawsuit based on two justifiable notices must be initiated by the landlord. To file this lawsuit, an owner who is not a landlord must first send a notice to the tenant requesting payment of the rent and then send the notices. If there is more than one landlord, they must send the notices together and file the lawsuit together. These issues relate to the right to sue and will be considered by the court on its own initiative. In accordance with Article 352/2 of the Turkish Code of Obligations, an eviction lawsuit filed due to two justified warnings must be filed within one month of the end of the rental year in which the warnings were given, for leases longer than one year. In order for an eviction lawsuit filed based on two justified notices to be issued, the tenant must be given two justified written notices for non-payment of rent within the lease term for leases of less than one year, or within one or more years for leases of one year or more. Payments made after the notice is served do not prevent the occurrence of two justified notices. Two justified notices do not occur in indefinite leases or in cases where the rent is due annually. |
3-) Supreme Court Decision – 6th HD., E. 2012/17521 K. 2013/1481 T. 31.1.2013:
| “…The plaintiff, in enforcement proceedings dated September 13, 2011, requested the collection of the rent differences for January, February, March, April, May, and June 2011. The plaintiff, in enforcement proceedings initiated on September 14, 2011, demanded the collection of the rent for July, August, and September 2011, which he claimed were unpaid. In a notice dated October 7, 2011, the plaintiff requested payment of the September 2011 rent. In this case, since the underpayment of the rent at the time of the first enforcement proceedings rendered all rent payments for the January 1, 2011-January 1, 2012 lease years demandable pursuant to the stipulation in the contract, the conditions for two justified warnings were not met, as the plaintiff had divided the rents and filed separate enforcement proceedings and warnings. While the court should have dismissed the case, issuing a written eviction order is incorrect.“ |
4-) Supreme Court Decision – 6th HD., E. 2014/6969 K. 2014/8890 T. 03.07.2014:
| “…In our case, there is no dispute between the parties regarding the one-year lease agreement, dated August 1, 2002, which is the basis for the case and the basis for the judgment. The agreement stipulated that the rent would be paid in advance at the beginning of each month. The plaintiff initiated enforcement proceedings on March 22, 2012, to collect the February 2012 rent. A payment order was issued to the defendant on March 23, 2012, and 2,500 TL was transferred to the plaintiff’s account via ATM on April 2, 2012. Similarly, the defendant initiated enforcement proceedings on April 12, 2012, to collect the April 2012 rent. The payment order was issued to the defendant on April 13, 2012, and the rent was deposited into the enforcement file on April 14, 2012. The defendant argued that the payment made to the defendant’s account on April 2, 2012, was for April. The court, relying on the defendant’s argument, dismissed the case on the grounds that the April notice was unfounded. The dispute centers on whether the April 2, 2012, payment was for the April rent. The defendant tenant must substantiate its claim of payment with written evidence based on the annual rent. The payment receipt in question contains no indication that the payment was for April, but the explanation section states that it was a rental payment. Therefore, this payment, in accordance with the plaintiff’s acceptance, should be considered a February rent payment. In this case, given that two justified notices have been issued in accordance with the principles explained above, it is incorrect to reject the rent in writing when the eviction order should have been issued. |
The Importance of Legal Support
Tenancy law, eviction cases, and contractual disputes require technical knowledge, legislative expertise, and in-depth expertise in judicial practices. While the legal provisions are clear, each case has its own unique circumstances, and even a small mistake can lead to loss of rights. Therefore, working with an experienced attorney from the beginning of the process is crucial to determining the right strategy, protecting your rights, and achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications. A professional lawyer will guide you not only in preparing the petition but also in gathering evidence, representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.