One of the most significant disputes between landlords and tenants is the eviction of the tenant from the property. Particularly in cases where the tenant fails to pay rent, misuses the property, or breaches an eviction undertaking, the most effective solution for landlords is to follow the legal eviction procedures.
Grounds for Eviction
Tenant eviction may be based on various legal grounds:
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Tenant default due to non-payment of rent
- Two justified warnings within the same rental period for late rent payments
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Existence of an eviction undertaking
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Eviction based on necessity (landlord or a relative's housing need)
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Reconstruction or major renovation of the property
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Tenant’s breach of the lease agreement (subletting, misuse of property)
Lawsuit and Procedure
According to the amendment introduced in Article 18/B of the Law on Mediation in Civil Disputes No. 6325, published in the Official Gazette on 28/03/2023 and effective as of September 1, 2023, disputes arising from lease agreements are subject to mandatory mediation, except for provisions regarding eviction through non-judicial enforcement.
Eviction lawsuits regulated under Article 352 of the Turkish Code of Obligations are filed before the Civil Court of Peace where the rented property is located.
The landlord must first issue a formal notice through a notary public to warn the tenant. If the debt remains unpaid or the breach of contract continues, an eviction lawsuit may be filed. During the process, the court carefully examines the lease agreement and the notice. If an eviction order is granted, the property is vacated through enforcement proceedings.
Services Provided by Sayın Hukuk
At Sayın Hukuk, we provide our landlord clients with comprehensive assistance in:
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Accurately determining the grounds for eviction,
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Preparing the necessary legal documents,
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Managing both the pre-litigation and litigation processes.
The faster the eviction process is initiated and the more accurately it is documented, the lower the risk of losing rights.