Eviction Claims in Turkey: When a Landlord or Property Owner Can Force Tenant Removal
Eviction claims are lawsuits brought by a landlord or new property owner to force a tenant to vacate rented premises — whether residential or commercial — on specific legal grounds set out in Turkish law. These are also known colloquially as ‘removal’ or ‘dispossession’ cases.
In Turkey, eviction claims are governed by Articles 347–357 of the Turkish Code of Obligations (Türk Borçlar Kanunu, TBK). Under these provisions, a landlord must have a valid legal reason in order to bring an eviction claim.
The most common grounds for eviction claims are:
- The tenant’s failure to pay rent
- The tenant’s failure to vacate the premises by the date specified in the tenancy agreement
- The tenant’s use of the premises for a purpose other than that agreed
- The tenant causing serious damage to the property
- The tenant destroying the premises
- The tenant allowing the premises to be subject to expropriation or compulsory purchase
- The property being sold and the new owner requesting eviction of the tenant
Eviction claims typically begin with a formal demand letter (ihtarname) — usually sent through a notary public — from the landlord to the tenant at their address. This notice sets out the landlord’s demands: that the tenant pay outstanding rent, vacate the premises, or use the property in accordance with the rental agreement.
If the tenant does not comply with the demands in the notice, the landlord may file an eviction lawsuit. The case is brought in the Civil Court of First Instance (Asliye Hukuk Mahkemesi) in the district where the tenant is resident.
If the court rules in favour of eviction, the tenant is legally obliged to vacate the premises. Should the tenant refuse to leave, the landlord may enforce the court order through debt enforcement proceedings (icra), which may result in the tenant’s forcible removal from the property.
Eviction claims are an important legal mechanism for protecting the rights of both tenants and landlords. Before pursuing such a claim, it is advisable to consult a lawyer to ensure your rights are properly safeguarded.
Here are some key points about eviction claims:
- Eviction claims are brought by a landlord or property owner to remove a tenant from rented premises.
- A valid legal ground must exist before an eviction claim can be filed.
- The case is heard in the Civil Court of First Instance in the district where the tenant resides.
- Once the court orders eviction, the tenant must vacate the property; non-compliance may result in forced removal through enforcement proceedings.
For further advice on eviction claims, consult a qualified lawyer in your area.