HOW CAN I QUIT MY TENANT IN TURKEY?

If you are a landlord in Turkey and want to terminate your tenant's lease, you need to follow the legal process defined by the Turkish Code of Obligations (Türk Borçlar Kanunu). Lease termination can vary depending on the type of lease, the reason for termination, and the agreement conditions.

Here is a step-by-step guide:

1. Identify Your Reason for Termination

In Turkey, landlords cannot simply evict tenants without valid legal reasons. Common valid reasons include:

• End of the Lease Term:

  • For fixed-term leases: The landlord cannot terminate the lease until the lease's first renewal (typically 1 year). After this, they can give notice with at least 3 months' warning before the next lease period.

  • For indefinite-term leases: The landlord can terminate the lease by giving legal notice.

• Personal Use:If the landlord or a close family member needs the property for their personal use (e.g., to live in it), they can file for termination.

• Renovation or Reconstruction:If major repairs, reconstruction, or renovation prevent the property from being rented, the landlord may terminate the lease.

• Non-Payment of Rent:If the tenant fails to pay rent, the landlord can serve a written warning (via a notary) and give the tenant at least 30 days to pay. If the tenant still doesn’t comply, eviction can be pursued.

• Two Notices for Late Payments:If the tenant repeatedly fails to pay rent on time (two valid warnings within a lease year), the landlord can terminate the lease through the court.

• Breach of Contract:If the tenant breaches any part of the lease agreement (e.g., subletting the property without permission or causing damage), legal grounds for eviction exist.

2. Provide Proper Written Notice

Depending on the reason for termination:

• For Lease Expiry: Send a written notice 3 months before the lease's renewal date. This can be done via a notary (noter kanalıyla) for legal validity.

• For Personal Use or Renovation: Clearly state the reason in the notice.

• For Non-Payment: Issue a legal payment request through a notary with a 30-day payment deadline.

3. File an Eviction Lawsuit (If Needed)

If the tenant refuses to leave after proper notice:

• File an eviction lawsuit (tahliye davası) in a Turkish court.

• Legal proceedings can take time, and involving a lawyer is highly recommended.

4. Obtain Enforcement via Court

If the court approves the eviction, you can enforce it through execution offices (icra dairesi) with a court decision.

Key Notes

• You cannot evict a tenant for arbitrary reasons. Turkish laws are tenant-friendly.

• Always consult a lawyer specializing in real estate law to avoid legal pitfalls.

• Avoid informal eviction attempts like changing locks or cutting utilities, as this is illegal and can result in penalties.

Would you like a specific example for one of the termination reasons? Call us.