If you are a landlord living outside of Turkey but you have a property rented in Turkey, there might come a time when you need to evict your tenant. It is essential to understand the legal process involved in this eviction to ensure everything is handled correctly and lawfully. In this article, we will answer the question which frequently asked these days: How to evict a tenant in Turkey?
The Legal Process of Evicting a Tenant in Turkey: A Guide for Landlords Living Abroad
Even if the lease is for a certain period of time, it is not sufficient to evict the tenant when the lease expires. Because according to Turkish law only tenant has right to terminate the contract in the end of the lease. The tenant can only be evicted for the reasons specified in the law.
Under What Circumstances Can A Tenant Be Evicted?
In order for the landlord to evict the tenant, one of the reasons listed in the law must be present. According to the Turkish Code of Obligations, the tenant can only be evicted for the following reasons. We will explain how to evict a tenant with options declared by law. But before reading our agree
How to Evict a Tenant in Turkeyment always keep in mind that we advise our clients to hire a lawyer before acting in any way. You might want to visit our English Speaking Lawyer article to get more information our service:
Eviction of Tenant Due to Need
If the landlord himself, his spouse, descendants or relatives need housing, the tenant can be evicted. This need of the host should be sincere. If the landlord owns another property in the same area, need isn't considered sincere. For indefinite leases, the notice period is 6 months. In order to terminate the lease agreement at the end of the 6-month period, the tenant must be notified 3 months in advance. If the tenant has not vacated the house despite this notice, an eviction lawsuit can be filed. It must be initiated within one month of the expiry of the notice period. In fixed-term rentals, an eviction lawsuit must be filed within 1 month from the end of the rental period. After the tenant is evicted, it cannot be rented to anyone other than the former tenant for a period of 3 years.
Evacuation Of Tenant Due To Renovation
If the house needs to be renovated, the tenant may be asked to evict. But we're not talking about minor renovations. There must be significant renovations, such as demolishing and rebuilding the house, or replacing or expanding it without demolition. The tenant must not be able to use the home during these renovations. There is a 6-month notice period for indefinite leases. To terminate the agreement at the end of period, tenant must be notified 3 months in advance.
If the tenant has not vacated the house despite this notice, an eviction lawsuit can be filed. It must be initiated within one month of the expiry of the notice period. Eviction lawsuit must be filed within 1 month from the end of the rental period. There is a ban on filing a tenant eviction lawsuit due to renovation works. The house cannot be rented to anyone other than the former tenant for a period of 3 years from the end of the renovation.
Evacuation of the Tenant Based on the Eviction Undertaking
It's tenant's declaration that he will vacate the house after a certain period of time. The eviction notice must be made after the rental agreement. It is void if given with the lease. The tenant must leave the house at the end of the period specified in the eviction letter. If the tenant has not left the house, an eviction lawsuit can be filed within one month from the end of the period. At the same time, the tenant may be asked to execute the eviction by initiating enforcement proceedings.
Evacuation of the Tenant in Case of Non-Payment (Removal from the House)
If the tenant has not paid 2 rents for the rented property in the same year, it is possible for the tenant to be evicted. If the rent is not paid, the tenant must receive 2 legitimate strikes. For example, tenant doesn't pay the rent for April and June in a rental year. Notice must be sent to the tenant for both months. An eviction lawsuit must be filed within one month from the end of the lease term.
Evacuation of the Tenant in case of Another Home
If the tenant or spouse has another house in the district where the rented house is located or within the boundaries of the municipality, the eviction of the tenant may be decided. In order for the landlord to benefit from this reason for eviction, he must learn about this later. If the landlord finds out about this while signing the lease, the tenant cannot be evicted.
Evacuation of the Tenant Disturbing the Neighbors
The tenant is obliged to be respectful to the neighbors of the leased property and to use the leased property with care. They must also abide by the local rules. These are the tenant's maintenance duties. If the tenant does not fulfill his obligations, his eviction may be requested.
Evacuation of Tenant for Important Reasons
If there are reasons that make the continuation of the contract between the tenant and the landlord unbearable, both parties can terminate the contract.
Eviction of Tenant Due to Bankruptcy
In the event of the Tenant's bankruptcy, the Landlord may be required to give written notice to the Tenant or bankruptcy trustee and to provide security for the payment of rents. A reasonable period of time will be allowed for assurance.
10-Year Tenant's Eviction
If the lease has been renewed for a total of 10 years, the tenant asked to evict. At the end of this period, the tenant may be asked to evacuate 3 months before each new rental period.
How To Evict A Tenant Who Does Not Pay His Rent?
This way is the easiest and quickest way for landlords who asks
how to evict a tenant in Turkey. There are 3 ways to evict a tenant
who does not pay regular rent or a tenant who does not pay rent at
all. These ;
Evacuation of tenant with 2 notices: If 2 rents are not paid for
the same rental year, 2 notices must be sent to the tenant. After 2
reminders, an eviction lawsuit must be filed within one month of
the end of the rental year.
Tenant eviction by default: if rent is not paid, the tenant will
receive a reminder. This reminder should include the phrase
"The rent must be paid within 30 days, otherwise the lease
agreement will be terminated". It cannot be terminated if the
tenant pays within 30 days. However, if the payment is not made
within this period, a provision is made for the tenant to be
evicted by enforcement.
Evacuation of the tenant by enforcement: Execution proceedings can
be initiated against the tenant with a request for eviction. In the
enforcement proceedings with an eviction petition, both the
eviction of the tenant from the house and the unpaid rent are
requested. If only rent is requested, enforcement proceedings
should be carried out without a verdict.
Can A Tenant Who Pays His Rent Regularly Be Evicted?
The tenant who pays the rent regularly to the landlord cannot be evicted without reason. One of the reasons for eviction listed in the law must be present. These reasons must be genuine and sincere. Otherwise, the tenant may be compensated. Therefore, a different action should be taken depending on the specifics of the concrete case. If the tenant pays the rent on time, uses the property for its intended purpose, and treats its neighbors with respect, it cannot be terminated without justification. Even in fixed-term rentals, the tenant cannot be asked to evacuate on the grounds that the rental period has expired. For this reason, the eviction must be based on the existence of one of the conditions of discharge that are limited in the law.
How Long Does the Evacuation Process Take?
There is no exact time frame for how long the evacuation process will take. This is because the duration depends on the characteristics of each particular event. Although a specific time cannot be given, evacuation cases come to an end in practice; It can take from three months to a year.
How to Get Accrued Rents?
For accrued rents, the lessee can be pursued through a general lien. However, only the rental fee can be collected when followed through a general lien. If the tenant is also given an eviction decision, enforcement proceedings should be initiated with the eviction petition.
Frequently Asked Questions
Does it automatically renew when the lease expires?
According to Turkish Code of Obligations, if tenant does not declare that he does not want to continue the lease 15 days before the end of the lease term, agreement continues automatically.
How to Get the Tenant Out of the Store?
Tenant cannot be evicted of the store due to the expiration of the lease. The grounds for eviction are specified in the law. Based on these reasons, the landlord may request. The evacuation of the tenant from the workplace or shop.
Can a Tenant Leave When the 1-Year Rental Agreement Expires?
The landlord cannot evict the tenant based on the expiration of the lease. If there are reasons mentioned above, landlord can evict the tenant.
What's the Fastest Way to Evacuate a Tenant?
Evacuation time may vary depending on the nature of the event. For example, enforcement proceedings can be initiated with an eviction petition for the eviction of a tenant who does not pay rent. With a petition for eviction, enforcement proceeding is faster than an eviction lawsuit.
Can the Landlord Evacuate the Tenant?
Landlord must have a valid reason to evict the tenant. The grounds for eviction are specified in the law. Tenant can be evicted for one of these reasons.
Can the Tenant Be Removed After the Lease Agreement Ends?
Another frequently asked question is Can the tenant be evicted after the lease expires? According to Turkish Code of Obligations, only tenant has right to terminate the rental agreement. However, if there are reasons, the landlord can evict the tenant. In our step-by-step article, we have examined these situations in detail.
How to Remove a Tenant Without a Lease Agreement?
The lease agreement does not need to be in writing. The tenant can also be evicted without a written lease agreement. Tenancy can be proved by various evidences.
How is the Tenant Removed When the Rental Agreement Ends?
The landlord can evict the tenant if certain conditions are met when the lease ends. These situations are as follows:
- The tenant does not continue the contract,
- the tenant does not pay the rent,
- the tenant has been on a lease for 10 years,
- the owner or his family wants to live in the rented house.
- need for renovation, eviction obligation,
- the tenant has to respect their neighbors and use the rented carefully,
- the tenant's bankruptcy and other reasons.
Originally Published by 22 May 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
