Eviction Lawsuit Guide: Grounds, Deadlines and Enforcement

Eviction of residential and roofed commercial premises

Expiry of a lease term or sale of the property does not alone justify eviction. Each ground, such as genuine need, reconstruction, a valid undertaking, two justified notices or payment default, has distinct requirements. Changing locks or cutting utilities does not replace lawful eviction proceedings.

Written undertaking and deadline

Under Article 352(1) of the Code of Obligations, an undertaking must be given in writing after delivery of the premises and specify an eviction date. There is no general requirement for the entire text to be handwritten; signature and valid consent matter. Enforcement or litigation is provided for within one month of the promised date, subject to separate assessment of mediation and statutory rules preserving time limits.

Need and a new owner

Article 350 time limits for need or reconstruction depend on the lease and termination period. Under Article 351, a new owner may notify the tenant in writing within one month of acquisition and bring a needs-based claim after six months. Alternatively, proceedings may be brought within one month after the contractual term ends. These are distinct routes.

Rent arrears and enforcement

Article 315 requires at least thirty days for payment in a default notice concerning residential or roofed commercial premises. Payment and objection periods in eviction-related enforcement are distinct. Form 7 is a general attachment payment order, not an eviction order. Objections, payment and enforcement of a judicial decision require separate assessment.

Court and mediation

Lease disputes generally fall within the civil court of peace, while enforcement-court remedies are distinct. Territorial jurisdiction cannot universally be confined to the property’s location. Mandatory mediation applies to lease litigation, subject to the statutory exception for eviction through enforcement without a prior judgment. Exact deadlines and outcomes require the documents and service dates.

Legal basis

6098, Articles 315, 347–353; 6325, Article 18/B; enforcement and jurisdiction rules

Legal information: This article provides general information on Turkish law. The documents, dates and applicable rules of each case require individual assessment.