Eviction Proceedings in Antalya: How the Process Works

Legal grounds for an eviction claim

In residential and roofed commercial tenancies, a landlord cannot simply end the lease at will. The Turkish Code of Obligations sets out the grounds for eviction exhaustively, and attaches distinct conditions and time limits to each of them. A claim brought on a ground not recognised by the legislation may be dismissed without examination of the merits.

The grounds fall into two groups. Those arising from the landlord include eviction for the landlord's own need and eviction for the purpose of reconstruction or substantial renovation (art. 350). Where the property has been acquired by a new owner, a separate provision applies (art. 351). Grounds arising from the tenant are a written undertaking to vacate, two justified written notices within a single lease year, and the existence of a suitable dwelling belonging to the tenant or the spouse living with them in the same district (art. 352).

Independently of these, once the ten-year extension period has expired the landlord may bring the lease to an end without showing cause, provided notice is served within the statutory period (art. 347). Non-payment of rent follows a separate route governed by the rules on default.

Eviction due to the landlord's own need

Eviction on the ground of the landlord's own need is among the most frequently invoked grounds. The landlord may claim that the dwelling or business premises are required for themselves, their spouse, their descendants or ascendants, or persons they are legally obliged to support.

The test applied is whether the need is genuine, sincere and compulsory. In practice these three elements are assessed together, and a temporary or discretionary preference is not regarded as sufficient. A landlord who owns another suitable property and faces no obstacle to living in it may, depending on the circumstances, fail to satisfy the requirement of compulsion.

In fixed-term leases the claim must be brought within one month of the expiry of the term. If, instead of bringing a claim, the landlord serves written notice within that same period, the time for bringing proceedings is extended by one lease year (art. 353). In leases of indefinite duration the period runs from the date determined by the notice of termination.

Once an eviction order has been obtained, letting the property to persons other than the one whose need was relied upon, within the period specified by legislation, carries its own statutory consequences. It is therefore important that the asserted need is supported by documents before proceedings begin.

Eviction for non-payment of rent

Where rent or ancillary charges go unpaid, two routes are available. The first rests on the rules governing default: the landlord serves written notice granting a period of at least thirty days and states that the lease will be terminated if payment is not made. If the period expires without payment, termination and eviction may be sought (art. 315).

The second is the route of two justified notices. Where a tenant has received two separate written notices within a single lease year for failing to pay rent on time, eviction proceedings may be brought within one month of the end of that lease year (art. 352/2). Each notice must be independently justified, that is, it must relate to rent that had actually fallen due.

A third route runs through the enforcement office. A payment order is served on the tenant; if no objection is filed within the statutory period and payment is not made, eviction may be requested from the enforcement court (Enforcement and Bankruptcy Law, art. 269 and following). Which route is appropriate depends on the type of lease and on the documents available.

Notices and statutory time limits

The most common cause of lost rights in eviction matters is a defective notice or a missed deadline. Serving the notice through a notary provides a reliable record, and proper service at the tenant's known address is equally important.

The notice should state clearly which months remain unpaid, the amount owed and the period allowed for payment. Vague wording invites later argument about whether the notice was justified.

As to periods, the following distinctions should be kept in mind: for claims based on the landlord's need or on reconstruction, one month from the expiry of the term; for the ground of two justified notices, one month from the end of the lease year; and at the end of the ten-year extension period, notice served at least three months before the end of the extension year. These are forfeiture periods, and once missed the claim generally has to wait for the following period.

Competent and authorised court

All disputes arising from a lease relationship fall within the jurisdiction of the Civil Court of Peace, irrespective of the amount in dispute (Code of Civil Procedure, art. 4). Claims arising in Antalya are heard at the civil courts of peace in the Antalya Courthouse.

As to territorial jurisdiction, the court of the place where the property is located and the court of the defendant's residence may both be chosen. For a property in Konyaaltı, Muratpaşa or Kepez the claim is brought before the Antalya courts, since these districts have no separate courthouse.

An important procedural rule is that recourse to mediation is a precondition for bringing proceedings in disputes arising from a lease relationship. Eviction proceedings conducted through the enforcement office fall outside this requirement. A claim filed without completing the mediation stage is dismissed on procedural grounds.

Proceedings and evidence

The petition states the ground for eviction and attaches the supporting documents. The lease agreement, payment records, the notice and proof of service, the title register entry and any documents supporting the asserted need form the basis of the file.

Witness evidence is frequently relied upon, particularly in assessing whether the asserted need is sincere. Where the condition of the property must be established, the court may carry out an inspection and obtain an expert report.

The duration of proceedings varies with the caseload of the court, service periods and the state of the evidence. An appeal to the regional court of appeal may extend the process further. For this reason both parties should keep their address details up to date with the court and follow service documents closely.

Eviction through enforcement offices

Once an eviction order becomes final and the tenant does not vacate voluntarily, the order is carried out through the enforcement office. On the creditor's application, the office serves an eviction order on the tenant and allows the statutory period for the property to be vacated.

If the property is not vacated within that period, it is cleared by enforcement. Items found on the premises are recorded in a report and placed in safekeeping. Keeping accurate records at this stage is decisive in any later dispute about belongings or damage.

Where rent arrears are pursued separately, the claim for payment and the claim for eviction may be conducted together or independently. Return of the deposit, unpaid utility bills and allegations of damage often become a separate dispute after the eviction, so it is advisable to record the condition of the property in a handover report.

Frequently asked questions

Must a tenant leave automatically when the lease term expires? No. In residential and roofed commercial tenancies the lease is extended for one year on the same terms unless the tenant gives notice. Expiry of the term is not in itself a ground for eviction.

Can eviction be sought where the lease is oral? It can, but proving the lease and its terms becomes more difficult. Payment records, bank transfers and witness evidence gain importance in such cases.

How does an undertaking to vacate operate? The undertaking must be in writing and given after the property was handed over. If the property is not vacated on the date undertaken, enforcement proceedings or a claim may be brought within one month.

Is an eviction claim the same as a rent determination claim? No. A rent determination claim concerns the redetermination of the rent in line with current conditions and does not result in eviction.

The explanations in this article are for general information. Every dispute is assessed on its own documents and circumstances.

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For further detail on the matters discussed here, see our Real Estate and Tenancy Law page.

The information on this page is general in nature and does not constitute legal advice. You should consult a lawyer about your own situation.