Eviction Lawsuit Guide: Grounds, Deadlines and Enforcement

Short answer: In residential and roofed-workplace leases, eviction proceeds either by lawsuit or by enforcement, under arts. 347-356 of the Code of Obligations no. 6098 and arts. 269 et seq. of the Enforcement and Bankruptcy Code. The main grounds are a written eviction undertaking, two valid warnings, the landlord's own need (or reconstruction or change of owner), default in rent and breach of contract. Suits are heard by the Civil Court of Peace (Sulh Hukuk); rent-default eviction may also proceed through enforcement. Total time varies between six and eighteen months depending on the ground.

Grounds for eviction

Turkish law is tenant-protective; the landlord must rely on a statutorily enumerated ground.

• Written eviction undertaking (art. 352/1) — executed after the lease, dated and specific.
• Two valid warnings (art. 352/2) — two written notices in one lease year for unpaid rent.
• Landlord's own need (art. 350) — for the landlord, spouse, descendants/ascendants or legal dependants.
• Reconstruction / major repair (art. 350/2) — substantial renovation, extension or modification.
• New owner's need (art. 351) — where the property is transferred.
• Default in rent (art. 315 CO; art. 269 EBC) — formal default notice or enforcement order.
• Breach of contract (art. 316) — neglect, unauthorised subletting, change of use.

Deadlines and procedure

• Eviction undertaking: Suit must be filed within one month of the date stated in the undertaking.
• Two valid warnings: Within one lease year, two written notices are served; suit is filed within one month of the end of the lease year.
• Landlord's need / reconstruction / new-owner need: Within one month of the end of the term (fixed-term) or the end of the termination period (indefinite-term). For a new owner, written notice within one month of acquisition is also required.
• Default: The formal notice must allow at least 30 days (for residential leases) to pay; only after this period may eviction proceedings or an enforcement order be pursued.

Eviction through enforcement

For rent-default or end-of-term eviction, an enforcement file may be opened under arts. 269 et seq. The process has two stages:

• A payment order on Form 13 (30 days to pay, 7 days to object) is served on the debtor.
• If the debtor neither objects nor pays, the execution court issues an eviction order; Form 7 is then served, granting a 15-day departure period.

Litigation track and competent court

Eviction suits are heard by the Civil Court of Peace (Sulh Hukuk); jurisdiction is a matter of public order. The suit is filed at the court of the property's location (art. 12 of the Code of Civil Procedure). Proceedings include exchange of evidence, witnesses and, where required, on-site inspection and expert examination; average duration is 6-12 months, or 12-18 months including regional appeal.

Common pitfalls with eviction undertakings

• An undertaking dated the same day as the lease is invalid; it must be signed after the lease and free of duress.
• It must specify a concrete eviction date; vague statements are insufficient.
• The tenant's handwriting and signature are required.
• The one-month filing window is strict; missing it leads to dismissal.

Frequently Asked Questions

Can a tenant who refuses a rent increase be evicted?

A disagreement over the rent increase is not itself a ground for eviction. The landlord may instead bring a rent determination suit (kira tespit) to have the new rent set by reference to comparable rents. Eviction is possible only on the grounds enumerated in the Code of Obligations — default, two valid warnings, owner's need, etc.

Is an eviction undertaking always valid?

No. To be valid the undertaking must (1) be executed after the lease, (2) be in writing, (3) state a concrete eviction date and (4) be free of duress. The Court of Cassation invalidates undertakings that fail any of these conditions.

Which is faster — enforcement or lawsuit?

For rent-default cases, the enforcement track (Form 13 + Form 7) is generally faster, completing in 3-6 months. Undertaking, owner-need and two-warning routes require litigation and typically take 6-12 months.

Related pages

• Istanbul Real Estate Lawyer — main practice page.
• Lease Disputes
• Eviction Suit
• Istanbul Enforcement Lawyer — for eviction through enforcement.
• Sample Petitions — default notices and eviction-undertaking templates.

Legal notice

This guide is for general information purposes only and does not constitute legal advice. Eviction cases turn on the type of lease, the nature of the ground, the validity of any notice or undertaking and the status of any rent default; no outcome is guaranteed. For advice on your specific case, contact Av. Burak Koçak via our contact page.