Turkey Tenant Eviction Lawsuit Landlord Guide 2026

Direct Answer: How to Legally Evict a Defaulting Tenant and Repossess Property in Turkey

Evicting a non-paying or overstaying tenant and regaining lawful possession of residential or commercial property in Turkey is governed by the Turkish Code of Obligations No. 6098 (TBK Articles 315 and 350 to 356) and the Enforcement and Bankruptcy Law No. 2004 (İİK). Landlords navigating 2026 proceedings rely on three primary statutory pathways: First and fastest is Eviction for Non-Payment Default (Temerrüt Nedeniyle Tahliye) via Execution Office Order No. 13 (Örnek No. 13), granting the tenant a strict 30-calendar-day cure window to pay full rental arrears; upon expiration without full settlement, counsel files an eviction action before the Execution Court (İcra Hukuk Mahkemesi), securing a binding eviction decree within 3 to 6 months without entering mandatory mediation. Second is enforcing a valid Written Eviction Commitment (Tahliye Taahhütnamesi) under TBK Article 352/1, provided it was executed after the lease commencement date, requiring legal enforcement within one calendar month of the agreed date. Third encompasses lawsuits for Genuine Personal Residential Need (İhtiyaç) or the expiration of the 10-year statutory extension rule, which statutorily mandate completing Mandatory Pre-Litigation Mediation (Zorunlu Arabuluculuk) prior to docketing before the Civil Court of Peace (Sulh Hukuk Mahkemesi).

1. Legal and Regulatory Framework for Tenant Eviction in Turkey 2026

Turkish tenancy legislation carefully balances the constitutional protection of private property against arbitrary evictions, mandating strict compliance with formal notice protocols and statutory mediation.

Statutory Foundations and Landmark Precedents:

• Turkish Code of Obligations No. 6098 (TBK):
• Article 315 (Tenant Default in Payment): Authorizes the lessor to provide written notice granting a 30-day cure period (60 days for agricultural leases) for non-payment of rent or ancillary charges, with explicit notification that failure to settle will result in lease termination and judicial eviction.
• Article 347 (Lease Expiration and the 10-Year Rule): Residential and roofed commercial leases do not terminate upon contract expiration; they renew automatically year-to-year. A landlord cannot terminate without statutory cause until ten statutory extension years have elapsed (11 years total duration), requiring at least 3 months' written notice prior to the end of each subsequent extension year.
• Article 350 (Personal Residential or Commercial Need): Allows landlords to seek eviction if they, their spouse, descendants, or ascendants genuinely require the premises for personal habitation or trade. Under Article 355, landlords evicting on grounds of personal need are barred from re-leasing the property to third parties for three full years, under penalty of paying statutory compensation equal to one year's rent.
• Article 352/1 (Written Eviction Undertaking): If a tenant undertakes in writing to vacate by a specific date after obtaining physical possession, and fails to surrender the keys, the landlord must file an eviction action or initiate execution within one month from that date.
• Enforcement and Bankruptcy Law No. 2004 (Articles 269 to 269/d):

Governs the expedited "Execution Proceeding with Eviction Demand" (Örnek No. 13), providing the most formidable procedural shortcut in Turkish law to repossess property from rent-defaulting tenants.

• Mediation Law No. 6325 as Amended by Law No. 7445:

Instituted mandatory pre-litigation mediation as a jurisdictional prerequisite (Dava Şartı) for all tenancy disputes brought before the Civil Courts of Peace. Mediation sessions must conclude within 3 to 4 weeks before any court docketing can take place.

Casework across Istanbul and Ankara demonstrates that foreign property owners frequently suffer extended delays by issuing defective notices or missing the 1-month window, whereas structured execution proceedings recover full possession within months.

2. The Most Effective Procedural Tracks for Tenant Eviction

Landlords choose between several procedural mechanisms depending on the breach:

Track 1: Execution Order No. 13 for Non-Payment Default (Örnek No. 13)

The fastest, most reliable eviction route, completely bypassing mandatory mediation:

1. Counsel files an enforcement request via the National Judiciary Informatics System (UYAP) demanding accrued arrears and eviction.
2. The Execution Office serves a formal Payment and Eviction Order upon the tenant granting:

• 7 days: To raise formal objections against the debt or tenancy.
• 30 days: To pay the principal arrears, interest, and enforcement disbursements in full.

1. If the tenant fails to settle within 30 days, counsel files an Action for Removal of Objection and Eviction before the Execution Court (İcra Hukuk Mahkemesi), which orders eviction based purely on non-payment proof.

Track 2: Enforcing Written Eviction Undertakings (Tahliye Taahhütnamesi)

Operates where a tenant executed an independent written undertaking to surrender the property by a defined calendar date:

• The Post-Lease Execution Rule: The undertaking must be executed on a date subsequent to the signing of the initial lease contract. An undertaking signed concurrently with the lease is routinely nullified by the Court of Cassation for being signed under contractual duress.
• Strict One-Month Forfeiture Rule: Counsel must initiate enforcement or file a lawsuit within precisely 30 days of the committed vacate date. Missing this month forfeits the document permanently.

Track 3: The Two Justified Warnings Rule (İki Haklı İhtar - TBK Article 352/2)

If a tenant fails to pay rent on time across two separate rental months within the same single rental year, and the landlord issues two separate justified notarial or execution warnings, the landlord earns the statutory right to file an eviction lawsuit within one month following the expiration of that rental year.

Track 4: Eviction for Genuine Personal Need (İhtiyaç Nedeniyle Tahliye)

If the owner, their spouse, parents, or children have a sincere, pressing requirement to reside in the property because they own no other suitable residence in the same metropolitan area, counsel initiates mandatory mediation upon lease anniversary, followed by a lawsuit in the Civil Court of Peace.

3. Step-by-Step Procedure for Eviction, Mediation, and Physical Repossession

Securing an enforceable court order and physically regaining vacant possession involves coordinated judicial steps:

Phase 1: Navigating Mandatory Pre-Litigation Mediation (Arabuluculuk)

• For actions docketed in Civil Courts of Peace, counsel files an electronic application with the Ministry of Justice Mediation Bureau.
• An accredited mediator conducts formal sessions. If the tenant agrees to vacate under a negotiated schedule, the parties execute a formal Mediation Settlement Protocol. Under Law No. 7445, this protocol carries the force of a final Supreme Court decree (İlam Niteliğinde Belge), allowing immediate direct execution if breached.
• If the tenant remains recalcitrant, the mediator certifies a "Non-Agreement Protocol" (Anlaşamama Tutanağı), permitting counsel to file the formal lawsuit.

Phase 2: Court Proceedings and Eviction Judgments

• Counsel represents the landlord in court, disproving false tenant defenses, presenting bank statements showing missing payments, and discrediting fraudulent claims of signature forgery through forensic handwriting analysis (Adli Tıp Kurumu).
• The court issues a definitive judgment terminating the lease, ordering eviction, and assessing trial expenses and attorney tariff fees against the tenant.

Phase 3: Physical Enforcement and Eviction (Zorla Tahliye)

1. Serving the Eviction Notice: The enforcement bailiff serves an official order granting the tenant 10 days to vacate voluntarily.
2. On-Site Forced Eviction: On the appointed enforcement day, the enforcement bailiff attends the premises accompanied by retained counsel, police officers (Polis/Zabıta), and a licensed locksmith (Çilingir).
3. Locksmith and Chattels Disposition: The locksmith breaches the existing locks. Bailiffs conduct a full inventory of personal belongings. If the tenant is absent, belongings are hauled by movers to a bonded court warehouse (Yediemin Deposu) at the tenant's legal expense, and new keys are surrendered immediately to the landlord.

4. Cost and Expense Breakdown for Eviction Lawsuits in Turkey 2026

The statutory court fees, enforcement disbursements, and legal retainers involved in eviction proceedings in 2026 are detailed below in Turkish Lira and US Dollar equivalents:

*Disbursement Reimbursement Note: Under Turkish law, the evicted defaulting tenant is legally sentenced to reimburse the landlord for all court fees, locksmith costs, moving expenses, and official Bar Association attorney fees (AAÜT). Counsel immediately places liens on tenant bank accounts, vehicles, and salaries to collect these disbursements.*

5. Real-World Case Study: Evicting a Defaulting Tenant in Kadıköy and Recovering Arrears

Background of the Tenancy:

A foreign property investor owning a high-end 3-bedroom apartment in Bostancı, Kadıköy, leased the property in 2023 under a written contract, accompanied by a separate Written Eviction Commitment (Tahliye Taahhütnamesi) stipulating handover on January 15, 2026. In mid-2025, the tenant stopped paying rent entirely, claiming economic hardship, while refusing all communication and accumulating 240,000 TRY in unpaid rent.

Commercial and Legal Crisis:

The owner was deprived of 40,000 TRY in monthly rental yield while the tenant exploited court backlog rumors to remain rent-free, threatening to cause the expiration of the one-month enforcement window following the January 15 commitment date.

GARS Dual Litigation Strategy:

1. Our litigation team concurrently launched two procedural tracks: First, an Execution Order No. 13 for non-payment default granting a strict 30-day cure period. Second, an execution filing based on the Written Eviction Commitment prior to the expiration of the one-month deadline.
2. The tenant submitted a bad-faith objection claiming the commitment was signed in blank, while failing to deposit the overdue rent in the non-payment proceeding within the mandatory 30 days.
3. Counsel bypassed handwriting delays by immediately filing a Lawsuit for Removal of Objection and Eviction before the Istanbul Anatolian Execution Court under TBK Article 315 for non-payment default, submitting certified banking ledgers establishing zero payment during the 30-day window.
4. The Execution Court ruled in the landlord's favor after just two hearings (within 75 days of filing), ordering immediate lease termination and eviction.

Physical Repossession and Debt Collection:

Following expiration of the 10-day notice, our attorney accompanied enforcement bailiffs and police officers to the property, unlocked the doors, and placed the premises in the owner's possession. Simultaneously, our team levied bank garnishments on the tenant's accounts, successfully recovering the full 240,000 TRY in rental arrears plus interest and all legal disbursements.

6. Critical Traps in Turkish Eviction Proceedings and Strategic Countermeasures

Property owners in Turkey frequently compromise their eviction rights through simple errors:

Strict observance of these rules shields landlords from unnecessary litigation delays and criminal liability.

7. Comparative Legal Matrix: Statutory Eviction Pathways in Turkey 2026

The following matrix compares the legal grounds for tenant eviction in Turkey:

8. Frequently Asked Questions on Turkish Tenant Eviction Lawsuits

Has the 25% rent increase cap been abolished, and what is the legal rate in 2026?

Yes. The temporary 25% statutory cap on residential rent increases was officially abolished. Under Article 344 of the Turkish Code of Obligations, the statutory ceiling for annual residential and commercial rent increases in 2026 is determined by the 12-month rolling average of the Consumer Price Index (TÜFE) published monthly by the Turkish Statistical Institute (TÜİK).

What occurs if the tenant settles all arrears within the 30-day cure period under Order No. 13?

If the tenant pays the full principal rent, interest, and enforcement expenses within the 30-day statutory window, the eviction action under TBK Article 315 is dismissed. However, that notice counts as a valid "First Justified Warning." If the tenant defaults a second time in another month during the same rental year, the landlord can evict them under the "Two Justified Warnings" rule.

Can a new property purchaser evict an existing tenant, and what is the statutory deadline?

Yes. Under TBK Article 351, a new owner who purchases tenanted property and genuinely requires it for personal habitation must serve formal notarial notice upon the tenant within one month of the purchase deed date. The new owner is then entitled to file an eviction lawsuit six months following the purchase date.

Is an eviction commitment sent via SMS or WhatsApp legally enforceable in Turkish courts?

No. TBK Article 352 explicitly mandates that an eviction commitment must be in written physical form bearing the tenant's wet signature or verified secure electronic signature. Digital messages on WhatsApp or SMS can serve as supporting circumstantial evidence, but they cannot form an independent legal basis for execution proceedings.

How is eviction handled if a tenant locks the premises and departs abroad?

Counsel files an Execution Order No. 13 served upon the tenant's official registered domicile (MERNİS address) under Article 21 of the Notification Law. Once the statutory deadlines expire without appearance, the court enters an eviction order in absentia. Enforcement bailiffs and police officers physically access the unit, record an inventory of remaining items, and surrender the property to the landlord.