In residential and covered commercial leases, a landlord cannot evict a tenant simply because the lease term has ended. The Turkish Code of Obligations ties eviction to specific grounds: own use, reconstruction, an eviction undertaking, unpaid rent and the expiry of the 10-year extension period. Most of these routes are subject to one-month deadlines, and mediation is required before an action is filed.

In this article we explain the conditions and deadlines for each ground of eviction, the difference between eviction through enforcement proceedings and eviction through a court action, and the most common mistakes landlords make.

Can the Tenant Be Evicted When the Term Ends?

Under art. 347 of the Turkish Code of Obligations (TCO), in fixed-term residential and covered commercial leases, the lease is extended for one year on the same terms unless the tenant gives notice at least 15 days before the end of the term, and the landlord cannot end the lease on the ground that the term has expired.

The landlord can end the lease without giving a reason only once the 10-year extension period has expired. After that, the landlord may end the lease by giving written notice at least three months before the end of each subsequent extension year. For example, a one-year lease made on 1 June 2015 is extended for ten years from 1 June 2016, and that period expires on 1 June 2026; if the landlord gives notice by 1 March 2027 at the latest, the lease ends on 1 June 2027.

If the landlord does not give notice by 1 March 2027, the lease is automatically extended for another year, until 1 June 2028. The landlord does not lose the right: by giving notice at least three months before the end of the next extension year, that is by 1 March 2028 at the latest, the landlord can end the lease on 1 June 2028. The same right applies to every subsequent extension year.

In open-ended leases, the landlord may terminate the lease once ten years have passed from the start of the lease, observing the termination periods under the general provisions.

Eviction for Own Use

The landlord may file an eviction action if the property must be used as a residence or workplace by the landlord, their spouse, descendants (children, grandchildren), ascendants (parents, grandparents) or other persons they are legally obliged to support (TCO art. 350). The Court of Cassation requires the need to be genuine, sincere and compelling, and it must be proven with concrete evidence, such as marriage, retirement, health reasons or the loss of the landlord's current home.

In fixed-term leases, the action must be filed within one month of the end of the lease term. If the landlord notifies the tenant in writing within that month that an action will be filed, the deadline is extended by one lease year (TCO art. 353).

In open-ended leases, the deadline runs from the date determined by the termination periods and notice periods under the general provisions. Unless local custom sets a different lease period, termination is notified in writing at least three months in advance, for the end of a six-month period calculated from the start date of the lease (TCO arts. 328 and 329). The action is filed within one month of the end of that period. For example, in an open-ended lease that started on 1 January, the six-month periods end at the end of June and the end of December; if the landlord gives notice of termination by the end of March at the latest, the action can be filed within one month of the end of June. If the three-month notice period is not observed, the notice takes effect for the next six-month period.

A new owner who acquires the property later has a separate route. If the new owner notifies the tenant in writing of their need within one month of acquisition, they may file an eviction action six months later. Alternatively, they may file the action within one month of the end of the lease term (TCO art. 351).

A property vacated for own use cannot, without a justified reason, be let to anyone other than the former tenant for three years. A landlord who breaches this rule must pay the former tenant compensation of no less than one year's rent paid in the last lease year (TCO art. 355).

Reconstruction and Major Renovation

If the property must be reconstructed, or substantially renovated, extended or altered for redevelopment, and cannot be used during the works, the landlord may file an eviction action within the same one-month period (TCO art. 350). In that case, the former tenant has a priority right to lease the renovated property in its new condition and at the new rent.

If the building has been determined to be a risky building under Law No. 6306, the process follows the urban transformation rules. For tenants' rights in that situation, see our guide to urban transformation rent assistance.

Eviction Undertakings

If the tenant has undertaken in writing to vacate the property on a specific date but does not do so, the landlord may end the lease by starting enforcement proceedings or filing an action within one month of that date (TCO art. 352(1)). For the undertaking to be valid, it must:

  • Be in writing,
  • Be given after the property has been delivered to the tenant,
  • State a specific vacating date.
A small model house and a key on a wooden table
For an eviction undertaking to be valid, it must be given after the property has been delivered to the tenant.

The 3rd Civil Chamber of the Court of Cassation has held that an undertaking given after the lease relationship has begun is, as a rule, the product of the tenant's free will. A tenant who claims that the date was filled in later must prove this with a document of equal evidentiary weight (Docket 2024/4052, Decision 2025/1108, Official Gazette 28 June 2025).

In a 2026 decision, the same Chamber stated that signing a new lease agreement after an eviction undertaking may render the earlier undertaking void (Docket 2026/2877, Decision 2026/2766, Official Gazette 18 July 2026). A landlord holding an eviction undertaking should bear this in mind before signing a new agreement with the tenant.

Note: The one-month period for proceedings or an action based on an eviction undertaking runs from the vacating date stated in the undertaking. If it is missed, eviction can no longer be sought on the basis of the undertaking, and the lease is extended for another year.

Unpaid Rent: Default and Two Justified Warnings

If the tenant does not pay rent that has fallen due, the landlord may use one of two routes:

  • Termination for default: The tenant is given written notice of at least 30 days, stating that the lease will be terminated if payment is not made within that period (TCO art. 315). The same result can also be achieved through enforcement proceedings with a request for eviction for unpaid rent under art. 269 of the Enforcement and Bankruptcy Law.
  • Two justified warnings: If the tenant has caused two justified written warnings within one lease year because rent was not paid, the landlord may file an eviction action within one month of the end of that lease year (TCO art. 352(2)).

If the tenant or the spouse living with them owns a residence suitable for living in within the same district or municipality, and the landlord did not know this when the lease was made, an action may be filed within one month of the end of the lease (TCO art. 352(3)).

Enforcement or Court Action? The Mediation Requirement

In disputes arising from a lease, applying to a mediator before filing an action is a precondition of the action (Law on Mediation in Civil Disputes art. 18/B). This step must be completed before eviction actions based on own use, reconstruction, two justified warnings or the 10-year rule. Time limits do not run from the application to the mediation office until the final report is drawn up.

Eviction through enforcement proceedings without a judgment under the Enforcement and Bankruptcy Law, such as proceedings based on an eviction undertaking (art. 272) or eviction proceedings for unpaid rent (art. 269), is outside the mediation requirement. For a landlord holding an eviction undertaking, the enforcement route therefore often produces a faster result. Eviction actions are heard by the civil courts of peace.

Common Mistakes

  • Taking the undertaking together with the lease: An undertaking taken before the property is delivered risks being held invalid.
  • Missing the one-month deadline: In actions based on own use, an eviction undertaking or two justified warnings, a missed deadline extends the lease for another year.
  • Giving notice orally: In residential and covered commercial leases, notice of termination must be in writing (TCO art. 348).
  • Not documenting the need: A claim of need that cannot be shown to be genuine and compelling leads to dismissal of the action.
  • Signing a new lease after the undertaking: Under the Court of Cassation's 2026 decision, this may render the earlier eviction undertaking void.

Frequently Asked Questions

Can a landlord evict the tenant when the lease term ends?

Not in residential and covered commercial leases. Unless the tenant gives notice at least 15 days before the end of the term, the lease is extended for one year on the same terms. Only after the 10-year extension period has expired can the landlord end the lease without giving a reason, by written notice at least three months before the end of an extension year. If no notice is given, the lease is extended for another year and the landlord can use the same right for the next extension year.

When must an eviction action for own use be filed?

In fixed-term leases, within one month of the end of the lease term. If the landlord notifies the tenant in writing within that month that an action will be filed, the deadline is extended by one lease year. In open-ended leases, the action is filed within one month of the end of the six-month lease period determined by a termination notice given at least three months in advance. In both cases, applying to a mediator before filing the action is mandatory.

When is an eviction undertaking valid?

It must be in writing, given after the property has been delivered to the tenant, and state a specific vacating date. If the tenant does not leave on that date, the landlord may start enforcement proceedings or file an action within one month of that date.

What can be done if the tenant does not pay rent?

The landlord may give the tenant written notice of at least 30 days and state that the lease will be terminated if payment is not made, or start enforcement proceedings with a request for eviction for unpaid rent under the Enforcement and Bankruptcy Law. An eviction action may also be filed against a tenant who has caused two justified written warnings within one lease year.

Is mediation mandatory for eviction?

In disputes arising from a lease, applying to a mediator before filing an action is a precondition of the action. Eviction through enforcement proceedings without a judgment under the Enforcement and Bankruptcy Law, such as proceedings based on an eviction undertaking, is outside this requirement.

Can a property vacated for own use be let to someone else?

Without a justified reason, it cannot be let to anyone other than the former tenant for three years. A landlord who breaches this rule must pay the former tenant compensation of no less than one year's rent paid in the last lease year.

Conclusion

In residential and covered commercial leases, a landlord can evict a tenant only on the grounds set out in the law: own use, reconstruction, an eviction undertaking, unpaid rent, the tenant owning a home in the same district, and the expiry of the 10-year extension period. Most of these routes are subject to one-month deadlines, and mediation is required before filing an action. A landlord holding an eviction undertaking should also consider the enforcement route, which does not require mediation.

Questions About Leases and Eviction

Bilkay Legal provides advisory and litigation services in real estate and rental law. For questions on eviction actions, enforcement proceedings based on eviction undertakings and mediation in rental disputes, you can contact us.

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Related practice area: Real Estate & Rental Law

Att. Mahmut Mert Bilkay
Founding Lawyer

Honors graduate of Marmara University Faculty of Law. Advises and litigates in commercial law, real estate and administrative law.

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