The termination of a lease and the eviction of a tenant are governed in detail by the Turkish Code of Obligations. A landlord may not evict a tenant arbitrarily; the asserted ground, notice and proceedings must comply with the law.
The applicable route depends on the type and term of the lease and on the legal ground relied upon. Different grounds are subject to different notices, time limits and evidentiary requirements.
Non-payment of rent may permit the landlord to serve the statutory notice and, if payment is not made within the prescribed period, to pursue eviction through enforcement proceedings or a court action, as appropriate.
Two justified notices for late payment within the same rental year may constitute a separate ground for eviction, provided that the statutory requirements and filing period are satisfied.
A written eviction undertaking may also be relied upon if it is validly issued after delivery of the leased premises and meets the legal requirements. Enforcement or court proceedings must be commenced within the applicable period.
Genuine residential or business-premises need on the part of the landlord or certain close relatives may constitute a statutory ground for eviction. The alleged need must be real, sincere and established by evidence.
Reconstruction or substantial works that make continued use of the premises impossible may provide another ground. The nature of the works and the statutory conditions must be demonstrated.
Tenants retain the right to challenge invalid notices and unlawful eviction demands. Because errors in notice, timing or procedure can determine the outcome, every tenancy dispute should be assessed on its own facts.
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