The tenant's duty of care and the grounds for eviction

A landlord may want the property back at the end of the term, but in leases of residential premises and of workplaces within a building, saying "I no longer want to let it" is not enough. Turkish law lists the grounds for eviction one by one and does not allow anything outside that list. The tenant's obligations are set out with the same precision.

The duty to use the property with care

The tenant must use the leased property in accordance with the contract and with care, and must show respect to neighbours. This obligation is not only about physical damage; using the property for a purpose different from the one stated in the contract is also a breach.

Where there is a breach, the procedure is fixed: written notice is given allowing at least thirty days for the breach to be remedied. If the position has not changed by the end of that period, the contract may be terminated. No period need be allowed where the property has been deliberately and seriously damaged, where it is clear that allowing time would serve no purpose, or where the tenant's conduct has become intolerable.

When rent is not paid

Where rent is unpaid, the tenant is given written notice allowing at least thirty days; if payment is not made, the contract is terminated and eviction may be sought. In addition, where the tenant has caused two justified formal notices (ihtar) to be served within a single lease year for non-payment, an eviction action may be brought within one month of the end of that lease year.

Grounds arising from the landlord's side

• Need: the landlord may seek eviction because of a need for a home or a workplace for themselves, their spouse, their descendants, their ascendants or those they are obliged to support. The need must be genuine, sincere and compelling.
• Reconstruction or substantial repair: where the works are extensive enough to make use of the property impossible, eviction may be sought.
• A new owner's need: someone who acquires the property may bring an action six months later, provided they notify the tenant in writing within one month of acquisition. Alternatively they may wait for the termination period at the end of the contract term.

A landlord who obtains eviction on the ground of need or of reconstruction cannot, without just cause, let the property to anyone other than the former tenant for three years. Doing so gives rise to liability in damages.

The written undertaking to vacate

The written undertaking to vacate (tahliye taahhüdü) is the document most argued over in practice. To be valid it must be given after the property has been handed over, be in writing, and state a specific date. An undertaking signed at the same time as the lease, before the keys change hands, has no effect as a rule.

If the property is not vacated on the date stated in the undertaking, the landlord must bring an action or start enforcement proceedings within one month of that date. Once that period is missed, the undertaking loses its function.

The ten-year extension period

The tenant may bring the contract to an end by giving notice at least fifteen days before the end of the term. The landlord has no equivalent option for a long time: only after ten years of extension have run from the end of the contract term may the landlord end the contract without giving a reason, by giving notice at least three months before the end of each extension year.

An application to a mediator is required before bringing an action in disputes arising from a lease relationship; eviction through enforcement proceedings without a judgment falls outside that requirement. Time limits in eviction cases are short and decisive: once a month has passed, relying on the same ground in the following period is usually no longer possible.

This article is for general information only and does not constitute legal advice on any specific matter. Time limits and rates set out in legislation are subject to change.