Need to remove a tenant who will not leave, and unsure what the law allows? To evict a tenant in Turkey you need a valid legal ground and, in almost every case, a court decision or an enforcement order. A landlord cannot change the locks, cut the utilities, or force a tenant out in person. The right to evict a tenant in Turkey is set mainly by the Turkish Code of Obligations, and it deliberately protects tenants against removal without cause.
This guide explains, step by step, how to evict a tenant in Turkey: the legal grounds, the eviction undertaking, the two enforcement routes, the mandatory mediation stage, the realistic timeline, the costs and the mistakes that most often derail a case. The figures and procedures here are current as of the time this article is written, and you should confirm the current position with a lawyer, because rules, court fees and thresholds change.
What It Takes to Evict a Tenant in Turkey
To evict a tenant in Turkey you must rely on one of the specific grounds the law recognises, and follow the correct procedure for that ground. There is no general right to end a residential lease simply because the fixed term has run out. Residential tenancies renew automatically, and the tenant may stay unless the landlord has a lawful reason to end the arrangement and proves it.
The Turkish Code of Obligations lists the grounds in a closed set. Some are landlord based, such as genuine personal need for the property. Others are tenant based, such as repeated late payment of rent. Each ground has its own notice rules, its own deadlines and its own route to enforcement, so the first task is always to identify which ground fits your situation before serving anything.
Legal Grounds to Evict a Tenant in Turkey
The legal grounds to evict a tenant in Turkey fall into two broad families: reasons connected to the landlord or the property, and reasons connected to the tenant’s own conduct. Choosing the wrong ground, or trying to end a lease with no ground at all, is the most common reason an eviction fails.
Landlord and property based grounds
- Genuine need of the owner or family. The landlord, a spouse, children or dependants genuinely need the property to live in or to run a business.
- Reconstruction or major renovation. The building must be rebuilt or substantially repaired in a way that makes living there impossible during the works.
- A new owner’s need. Someone who buys an occupied property may seek eviction for their own or their family’s use, within a set period after acquiring the title deed (tapu).
- The ten-year extension ground. After the fixed term plus ten years of automatic renewal, the landlord may end the lease without giving any reason, provided the correct notice periods are used.
Tenant conduct based grounds
- Two justified rent warnings in one lease year. If a tenant pays late and receives two separate written default notices within the same rental year, the landlord may sue to evict at the end of that year.
- A written undertaking to vacate. Where the tenant has signed a valid eviction undertaking for a fixed date, the landlord can enforce it once that date passes.
- Serious breach or the tenant owns a suitable home. Narrower grounds also exist, for example where the tenant or spouse already owns a fit dwelling in the same district that the landlord did not know about at signing.
Whether your facts fit one of these grounds, and which one gives the fastest lawful route, depends on your lease, your notices and your evidence; a lawyer can assess that in a short consultation before you start.
The Eviction Undertaking (Tahliye Taahhütnamesi)
An eviction undertaking is a written promise by the tenant to leave the property on a stated date, and it is one of the strongest tools a landlord has. When it is valid, it lets you pursue eviction through enforcement rather than a full trial on the merits. To be valid it must be in writing, signed by the tenant, give a clear vacate date, and be dated after the tenant has already moved in. An undertaking signed on the same day as the lease, before the tenant took the property, is routinely challenged.
Once the promised date passes and the tenant stays, the landlord has a short window to act, usually one month, either by starting enforcement proceedings for eviction or by filing a lawsuit. In our practice at Karanfiloglu Law Firm, disputes here almost always turn on the date and circumstances of signing, so keeping the signed original and any messages around it matters a great deal.
The Tenant Eviction Process in Turkey, Step by Step
The tenant eviction process in Turkey runs through either the courts or the enforcement office, depending on the ground, and either route needs a lawful reason and proper notice. Here is how to evict a tenant in Turkey in practice, stage by stage. Both sides usually need to keep careful records throughout.
- Confirm your ground and gather evidence. Collect the lease, the title deed, payment records and any correspondence that supports the chosen ground.
- Serve the required notice. Send the correct notice through a notary (noter), whether a rent default warning, a notice of need, or a demand based on an eviction undertaking, so service can be proved later.
- Attend mandatory mediation. For most residential eviction disputes you must complete mediation (arabuluculuk) before filing, as explained below.
- File the eviction lawsuit or enforcement request. Bring the tenant eviction case at the Civil Court of Peace (Sulh Hukuk Mahkemesi), or start enforcement proceedings at the enforcement office (icra dairesi) where the ground allows it.
- Obtain the eviction decision or order. The court issues a judgment, or the enforcement office issues an eviction order if the tenant does not lawfully object in time.
- Enforce the eviction. If the tenant still refuses to leave, the enforcement office carries out the physical eviction with an officer, and where needed the assistance of the police.
Only the enforcement office may physically remove a tenant. A landlord who tries to do it personally risks criminal and civil liability, which is why the process is worth following to the letter.
Court or Enforcement: Two Routes to Eviction
There are two main routes, and the right one depends on your ground. A rent default or a landlord’s need generally goes through an eviction lawsuit in Turkey, while an eviction undertaking or an unpaid rent demand can go through the enforcement office. The table below sets out the difference.
| Feature | Eviction lawsuit (court) | Enforcement route (icra) |
|---|---|---|
| Typical grounds | Owner’s need, renovation, two rent warnings, ten-year ground | Eviction undertaking, unpaid rent demand |
| Where filed | Civil Court of Peace | Enforcement office (icra dairesi) |
| Tenant’s objection | Defends within the case | May object within a short statutory period |
| Usual speed | Slower, a full hearing on the merits | Often faster where no valid objection is raised |
Picking the wrong route wastes months. An unpaid rent demand through enforcement produces eviction only if the tenant fails to pay or object in time, so it suits clear arrears rather than a disputed personal need claim.
Mandatory Mediation Before an Eviction Lawsuit in Turkey
Mandatory mediation now applies before most eviction disputes reach court, so an eviction lawsuit in Turkey generally cannot be filed until mediation has been tried. Since the rules on compulsory mediation were extended to cover rental relationship disputes, including eviction, a landlord must first apply to a mediator and obtain a final report if no settlement is reached. Filing straight at court without that step usually leads to the case being rejected on procedural grounds.
Mediation is often quick, running over a few weeks rather than months, and it sometimes resolves matters without a trial at all. Enforcement based routes for an eviction undertaking or an unpaid rent demand follow their own procedure at the enforcement office, so confirm with a lawyer whether mediation is required for your specific ground before you file anything.
Timeline: How Long Eviction Takes
Evicting a tenant in Turkey usually takes several months, and a contested court case can run beyond a year once appeals are counted. The ground you use and how hard the tenant fights are the two biggest factors. Treat the ranges below as typical rather than fixed.
- Notice and mediation: often a few weeks, from serving the notary notice to completing mandatory mediation.
- Enforcement route on an undertaking or arrears: commonly a few months where the tenant raises no valid objection.
- Contested eviction lawsuit: frequently around six months to a year at first instance, sometimes longer in busy Istanbul courts.
- Appeal: can add several more months if either side challenges the judgment.
In our practice at Karanfiloglu Law Firm, the cases that move fastest are the ones where the landlord served the correct notary notice on time and kept clean payment records, because that removes the tenant’s easiest procedural defences.
Costs of Evicting a Tenant
The cost of an eviction depends on the route and whether the case is contested, and official charges are only part of it. It helps to separate the fixed official fees from the variable costs.
- Official court and enforcement fees: filing fees and charges set by the state tariff, generally modest at the start and topped up as the case proceeds.
- Notary and service costs: the fee to serve each notice through a notary so that service is provable.
- Mediation fee: a set charge under the mediation tariff, shared or borne according to the outcome.
- Legal representation: lawyer’s fees, which vary with the complexity and length of the case.
- Enforcement of the eviction: costs for the officer, and sometimes movers or a locksmith, when the tenant has to be removed physically.
These figures move with annual tariffs, so treat them as current as of the time this article is written and confirm the latest amounts before you budget. A losing party is often ordered to pay part of the other side’s costs, though recovery in practice is not guaranteed.
Common Mistakes Landlords Make
Most failed evictions come down to a handful of avoidable errors. Knowing them before you start saves months and often the case itself.
- Trying to remove the tenant personally. Changing locks or cutting water and power is unlawful and can expose the landlord to liability. Only the enforcement office may evict.
- Serving notice informally. A verbal demand or a plain letter is hard to prove. Serve rent warnings and other notices through a notary so the date and content are on record.
- Relying on a defective eviction undertaking. An undertaking dated the same day as the lease, or with a vague date, is easily challenged. Make sure it is signed after move in and states a clear vacate date.
- Skipping mandatory mediation. Filing an eviction lawsuit in Turkey without first completing required mediation usually gets the case thrown out on procedure.
- Missing the deadlines for the chosen ground. Each ground has strict notice periods and filing windows. Miss one, for example the month to act on an eviction undertaking, and you may have to wait a full further term.
Getting these details right is where advice pays off, and it is often the point at which landlords we assist at Karanfiloglu Law Firm in Istanbul first contact a lawyer.
A Practical Summary
To evict a tenant in Turkey you need a lawful ground, the correct notice, and the right forum, whether that is the Civil Court of Peace or the enforcement office. Confirm your ground, serve any notary notice properly, complete mandatory mediation where it applies, then pursue an eviction lawsuit or enforcement order, and let the enforcement office carry out any physical removal. Because notice periods, court fees and the mediation rules change, confirm the current position with a qualified lawyer before you serve an eviction notice in Turkey, especially where the tenant is likely to contest.
Talk to a Lawyer in Istanbul
If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at [email protected], or visit us at Mecidiyeköy Mah. Büyükdere Cad. No:67-71, Alba İş Merkezi, Kat:8, Şişli, İstanbul. Contact us to discuss your situation.
Frequently Asked Questions
Can a landlord evict a tenant in Turkey without a court order?
In almost all cases no. To evict a tenant in Turkey you need either a court judgment or an enforcement order, and only the enforcement office may remove a tenant physically. A landlord who changes the locks, cuts utilities or forces a tenant out personally can face civil and criminal liability, regardless of any rent owed.
What are the legal grounds to evict a tenant in Turkey?
The main grounds are the genuine personal need of the owner or family, reconstruction or major renovation, a new owner’s need after buying the property, the ten year extension ground, two justified rent default warnings in one lease year, and a valid written eviction undertaking. Each ground has its own notice periods and filing deadlines under the Turkish Code of Obligations.
How long does the tenant eviction process in Turkey take?
The tenant eviction process in Turkey usually takes several months, and a contested lawsuit can run beyond a year with appeals. An enforcement route based on an eviction undertaking or unpaid rent is often faster where the tenant raises no valid objection, while a disputed court case on the merits takes longer.
What is a tahliye taahhutnamesi, or eviction undertaking?
An eviction undertaking is a written, signed promise by the tenant to leave on a specific date. When it is valid, dated after the tenant moved in and stating a clear vacate date, the landlord can enforce it through the enforcement office if the tenant stays. It is one of the strongest and quickest routes to eviction.
Is mediation required before an eviction lawsuit in Turkey?
Yes, for most residential eviction disputes mediation is now a mandatory step before filing. A landlord must apply to a mediator and obtain a final report if no settlement is reached before bringing an eviction lawsuit in Turkey. Skipping this step usually causes the court to reject the case on procedural grounds.
Can a new owner evict an existing tenant after buying a property?
Yes, a buyer who needs the property for their own or their family’s use may seek eviction, but only by following the law. The new owner must give notice within a set period after registering the title deed and then, if the tenant does not leave, pursue an eviction case rather than acting alone.
Can a tenant be evicted for late or unpaid rent in Turkey?
Yes. If a tenant receives two separate written rent default warnings within the same lease year, the landlord may file to evict at the end of that year. Alternatively, an unpaid rent demand can be pursued through the enforcement office, which can lead to eviction if the tenant fails to pay or object within the legal period.
Do I need to serve an eviction notice in Turkey through a notary?
For most grounds yes. Serving an eviction notice in Turkey through a notary (noter) proves the date and content of the notice, which is often decisive if the tenant later disputes it. Informal or verbal demands are hard to rely on in court and are a frequent reason evictions fail.
About the Author
Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; the firm also serves clients in Russian and Chinese with experienced in-office translators.
Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.
