Eviction Procedures and Mediation in Lease Law
Grounds for eviction, statutory time limits and the mandatory mediation requirement in residential and roofed commercial property leases
A lease agreement is a bilateral contract whereby the lessor undertakes to grant the lessee the use of a thing, and the lessee undertakes to pay a consideration in return. The Turkish Code of Obligations No. 6098 (TBK), has adopted a tenant-protective regime, particularly under the heading "Residential and Roofed Commercial Property Leases," limiting the grounds for eviction to a numerus clausus and subjecting them to strict formal requirements.
The most frequently encountered grounds for eviction in practice and the critical points to be observed in these processes are summarized below.
1. Expiry of the Contract Term and the 10-Year Extension Rule (TBK Art. 347)
In residential and roofed commercial property leases, the expiry of the contract term does not in itself grant the lessor the right to evict. Unless the lessee gives notice at least 15 days prior to the end of the term, the contract is deemed extended for one year under the same conditions. The lessor may only request eviction without stating any reason after the 10-year extension period has elapsed, provided that notice is given at least 3 months before the end of each extension year.
Technical Calculation (1+10+1): According to Court of Cassation practice, this period is calculated as "1 year (contract year) + 10 years (extension years) + 1 year (notice year)," and the right becomes available upon entering the 12th year.
Risk of Contract Renewal: According to Court of Cassation practice, the conclusion of a new lease agreement between the parties resets the 10-year period from the beginning.
2. Lessee's Default: Non-Payment of Rent (TBK Art. 315)
Eviction proceedings may be initiated against a lessee who fails to pay rent or ancillary expenses (such as maintenance fees) on time. The lessee must be given written notice of at least 30 days, with a warning that the contract will be terminated if payment is not made within this period.
Partial Payment: The payment of even a minor amount less than the full rent due may constitute grounds for eviction.
Ancillary Expenses Distinction: If the rent receivable is paid in full within 30 days, the non-payment of ancillary expenses alone (such as maintenance fees or concierge charges) does not in itself give rise to the right of eviction.
3. Written Vacation Undertaking (TBK Art. 352/1)
If the lessee has undertaken in writing to vacate the leased property on a specified date after its delivery, the lessor may request eviction within one month from that date through enforcement proceedings or by filing an action. For the undertaking to be valid, it must be in writing and given of the lessee's own free will after delivery of the leased property.
Undated Undertakings: The Court of Cassation accepts that a lessee must bear the consequences of an undertaking in which the dates of execution and vacation have been left blank and subsequently filled in by the lessee.
Family Residence Annotation: If the property constitutes a "family residence," the spouse who is the lessee may not terminate the lease agreement or provide a vacation undertaking without the explicit consent of the other spouse.
4. Eviction Through Two Justified Notices (TBK Art. 352/2)
If two justified notices have been sent to the lessee during one lease year due to non-payment of rent, the lessor may file an action within one month from the end of that lease year. It is required that the notices relate to different months and that payment was made after the notices were sent.
Prevention of Abuse of Rights: Splitting an accrued and overdue accumulated rent debt into separate monthly notices for the purpose of creating two justified notices is legally invalid and constitutes an abuse of rights.
5. Lessee or Spouse Having Another Residence (TBK Art. 352/3)
Where the lessee or their cohabiting spouse owns a residence suitable for habitation within the same district or township municipal boundaries, the lessor may terminate the contract by filing an action within one month from the expiry of the lease agreement. However, in order for this right to be exercised, the lessor must have been unaware of this fact at the time the contract was concluded.
Equivalent Quality Requirement: The property subject to eviction and the property owned by the lessee must be of equivalent quality. For example, a 1-bedroom apartment owned by the lessee cannot be cited as grounds for the eviction of a family of four from a 3-bedroom apartment.
6. Eviction Due to Necessity (TBK Art. 350)
Where a genuine need arises for the lessor themselves, their spouse, lineal descendants, lineal ascendants or persons whom they are legally obliged to support, to use the leased property as a residence or place of business, eviction may be requested through an action to be filed at the end of the term in fixed-term contracts. It is essential that the need be proven to be genuine, sincere and necessary. A temporary or not yet materialized need cannot constitute grounds for eviction.
7. New Owner's Right of Eviction (TBK Art. 351)
A person who subsequently acquires the leased property may choose between two options where a need exists for themselves or their relatives specified under the law to use the property as a residence or place of business.
First option: They may notify the lessee in writing within one month of the date of acquisition and file an action six months thereafter.
Second option: They may await the expiry of the contract term and file an action directly within one month from the date of termination.
8. Extraordinary Termination (TBK Art. 331)
Where an important reason exists that renders continuation of the lease relationship unbearable for one of the parties, the contract may be terminated at any time by complying with the statutory notice periods. Circumstances in which continuation of the contract cannot be expected in good faith (such as serious enmity between the parties, financial ruin, etc.) are evaluated within this scope. The court equitably determines the financial consequences of the extraordinary termination in accordance with the circumstances of the parties.
9. Security Deposit (TBK Art. 342)
The security deposit may not exceed three months' rent. A deposit given in cash or negotiable instruments shall be deposited in a time deposit account or held by a bank, not to be withdrawn without the lessor's consent. According to Court of Cassation precedents, the security deposit may need to be adjusted upon return to reflect changes in the purchasing power of money.
10. Mandatory Mediation
As of September 1, 2023, recourse to mediation prior to filing an action is a mandatory procedural requirement in disputes arising from lease law (except for eviction through enforcement proceedings). Actions filed without completing the mediation process are dismissed on procedural grounds.
Conclusion
Lease law proceedings are subject to extremely strict rules, particularly with regard to time limits and formal requirements. Monitoring notice periods and developing a strategy in line with current Court of Cassation precedents are of vital importance in preventing the loss of rights.