Turkish law permits termination of a lease only on a limited set of grounds and subject to strict deadlines. The rules are designed to protect the tenant, which is why selecting the correct ground and following the procedure precisely directly determines the outcome.
Grounds Arising from the Landlord
A landlord may terminate the lease on the ground of a housing or business premises need of the landlord, their spouse, descendants, ascendants or persons they are legally obliged to support. The need must be genuine, sincere and compelling.
Eviction is also available where the property is to be reconstructed or substantially renovated, provided that use is impossible during the works. Under Article 351 of the Turkish Code of Obligations, a person who subsequently acquires the property may, where they must use it as housing or business premises for themselves, their spouse, descendants, ascendants or others they are legally obliged to support, bring the lease to an end by an action filed six months later, provided they notify the tenant in writing within one month of acquisition. For evidential security that one-month written notice should be served through a notary. Alternatively, the new owner may exercise the same right by bringing an action within one month of the expiry of the lease term.
Grounds Arising from the Tenant
- A written undertaking to vacate, where the property is not vacated on the agreed date
- Two justified notices served for non-payment of rent within a single lease year
- The tenant or their cohabiting spouse owning a habitable dwelling within the same district
Deadlines and Procedure
Actions based on need or reconstruction must be brought at the end of the term for fixed-term leases; for indefinite-term leases, within one month of the date determined by observing the termination period and the notice periods prescribed by law.
For an undertaking to vacate to be valid it must be in writing, given personally by the tenant, and dated after the property was handed over. This is the point most frequently disputed in practice.
Consequences of Eviction
A property recovered on the ground of need or reconstruction may not be let to anyone other than the former tenant for three years without just cause. Breach of this rule may give rise to liability in damages for the landlord.