Because the Turkish Code of Obligations contains mandatory provisions that strongly protect the tenant, a landlord's ability to have a tenant evicted before the term of the lease is limited to a specific number of legal grounds.
Eviction Due to Non-Payment of Rent
If the tenant fails to pay the rent or ancillary expenses, the landlord must, by a written warning, grant the tenant a period of at least 30 days to pay the debt (TCO Art. 315). If the debt is not paid within this period, the landlord may file an eviction lawsuit. In residential and roofed workplace leases, having issued two justified warnings within one rental year (TCO Art. 352) is also a separate ground for eviction.
Eviction Commitment
This is a written document that the tenant signs of their own free will after the lease relationship has been established, undertaking to vacate the property on a specific date. Eviction may be requested through enforcement proceedings or a lawsuit within one month of the committed date (TCO Art. 352/1).
Eviction Due to Genuine Need
The landlord may file an eviction lawsuit if a need for residence or a workplace arises for themselves, their spouse, their descendants/ascendants, or persons they are legally obliged to support (TCO Art. 350). The need is required to be genuine, sincere, and compelling; these conditions are assessed by the court during the case.
Eviction at the End of the Ten-Year Extension Period
In fixed-term residential/roofed workplace leases, once the ten-year extension period has elapsed from the start of the contract, the landlord may terminate the contract without showing any reason, by giving notice at least three months in advance (TCO Art. 347/1).
Conclusion
Eviction of a tenant must be based on one of the grounds listed in the law and must fully comply with the procedural requirements (warning, period, form of notice); otherwise, the lawsuit filed may be dismissed. Correctly determining which eviction ground applies to the specific circumstances is of great importance.
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