One of the most frequent challenges faced by property owners under Turkish Law is the tenant's failure to pay rent on time or at all. The Turkish Code of Obligations (TCO) and the Enforcement and Bankruptcy Law (EBL) provide property owners with specific statutory mechanisms to enforce rent collection and secure the eviction of defaulting or non-compliant tenants.

1. Eviction via Execution Proceedings for Non-Payment (EBL Art. 269)

The fastest and most efficient legal remedy against a tenant failing to pay rent is initiating "Enforcement Proceedings for Collection of Rent and Eviction" (Sample No: 13) through the Enforcement Office.

  • Objection Period (7 Days): Upon service of the enforcement order, the tenant has 7 days to object to the debt or the existence of the lease agreement. If the tenant objects, the burden of proof shifts to the tenant; unless the tenant proves payment via official bank receipts or written documentation, the landlord may file a lawsuit before the Enforcement Court for the removal of the objection and eviction.
  • Payment Period (30 Days): If the tenant does not object, they are legally required to pay the outstanding rent within 30 days from service (for residential and roofed workplace rentals). If the debt remains unpaid after 30 days, the landlord may apply to the Enforcement Court within the following 6 months to secure an eviction order.

2. Eviction Based on Two Justified Written Notices (TCO Art. 352/2)

If a tenant causes two justified written notices to be issued due to non-payment of rent for different months within a single lease year (or within the lease period for contracts under one year), the landlord is entitled to file an eviction lawsuit within 1 month following the expiration of the lease period.

3. Other Statutory Grounds for Eviction

  • Eviction Based on Written Undertaking (TCO Art. 352/1): If the tenant executes a written eviction undertaking post-delivery of the property, promising to vacate on a specified date, the landlord may initiate enforcement proceedings or file a lawsuit within 1 month from that specified date.
  • Eviction Due to Residential or Business Need (TCO Art. 350): If the landlord genuinely requires the property for residential or business use for themselves, their spouse, descendants, ascendants, or dependents, they may file an eviction lawsuit within 1 month following the lease expiration date.
  • Eviction for Reconstruction or Renovation (TCO Art. 350/2): If substantial repair, expansion, or alteration renders the occupancy impossible during work, an eviction lawsuit may be filed within 1 month after the lease term expires.
  • Eviction by the New Property Owner (TCO Art. 351): A person acquiring property with an ongoing lease who genuinely requires it for personal or family use may file an eviction lawsuit 6 months after acquisition, provided they notify the tenant in writing within 1 month of acquisition.

4. Mandatory Pre-Litigation Mediation Requirement

Pursuant to Article 18/B of Law No. 6325, applying for mandatory legal mediation before filing any tenancy-related eviction lawsuit in Civil Courts of Peace (excluding ordinary enforcement proceedings before Enforcement Courts) is a mandatory procedural prerequisite under Turkish Law. If mediation fails, the lawsuit may proceed accompanied by the final mediation minutes.

Disclaimer: The information provided above is for general guidance purposes only and does not constitute formal legal advice. Consulting a qualified attorney for specific legal disputes is strongly recommended.