For foreign nationals residing in Turkey, navigating the local legal system can be a daunting task, particularly when it comes to understanding eviction orders, or "evden uzaklaştırma kararı" and eviction processes ("tahliye") as they are known locally.
This comprehensive guide aims to shed light on the entire eviction process in Turkey, offering detailed guidance to expatriates, international residents, and landlords who might be facing or issuing such orders. By familiarizing yourself with the legal procedures, grounds for eviction, and your rights, you can better manage the situation and seek the proper legal recourse when needed.
The Grounds for Eviction in Turkey
The Turkish legal system, specifically the Turkish Code of Obligations, stipulates clear grounds upon which landlords can issue an eviction order. Landlords cannot arbitrarily evict tenants; they must have justifiable reasons recognized by law.
Eviction for Non-Payment of Rent
One of the most common reasons for eviction is the tenant's failure to pay rent. If a tenant fails to pay rent on time, the landlord can initiate execution proceedings for the collection of the unpaid rent and request eviction. The landlord must send a formal payment order to the tenant, granting them a 30-day period to clear the debt. If the debt is not paid within this period, the landlord can file an eviction lawsuit.
Eviction for Necessity (İhtiyaç Nedeniyle Tahliye)
The term refers to situations where a landlord requires their property for their own use or for the use of their immediate family members (spouse, descendants, ascendants, or dependents). The necessity must be genuine, imminent, and mandatory. For instance, a change in family circumstances or the landlord not having another suitable property in the same region can be considered valid necessities.
Eviction Due to Renovation or Reconstruction (Tadilat Nedeniyle Tahliye)
Landlords may pursue an eviction if the property requires extensive repairs, structural changes to enhance safety, or comprehensive transformation that cannot be completed while the premises are occupied. Landlords must provide valid reasons and adhere to legal procedures, ensuring tenants are given appropriate notice. Tenants may have rights to return to the property after renovations or receive compensation.
Eviction with a Commitment to Vacate (Tahliye Taahhütnamesi)
A preemptive contractual agreement where the tenant promises to vacate the leased property by a specific date. This document is legally binding and allows the landlord to request eviction directly from the execution office or court within one month after the promised date, without needing to prove other grounds. However, to be valid, it must be signed after the delivery of the property to the tenant, not concurrently with the lease agreement.
Eviction After a 1-Year Lease Expires
Under the Turkish Law of Obligations, fixed-term leases automatically convert to indefinite-term leases if the tenant continues to occupy the property without objection. To evict a tenant at the end of the lease term without cause, the lease must have been renewed for 10 consecutive years (the "10-year rule").
How Long Does Eviction Take?
The duration of the eviction process can vary greatly depending on the grounds, the workload of the courts, the complexity of the case, and whether the tenant contests the eviction. Under typical circumstances, a standard eviction lawsuit can take anywhere from 6 months to a year or more. For long-term tenants (e.g., a tenant of 10 years), the process might be prolonged if they present a robust defense. Conversely, evictions based on a valid (Tahliye Taahhütnamesi) or non-payment of rent (through execution offices) can be relatively swifter.
Crafting an Effective Notice of Eviction
An eviction order in Turkey must begin with a formal notice (kiracıya ihtarname örneği). The Turkish Code of Obligations outlines specific requirements for this notice to be valid:
Essential Elements: The notice must include the tenant's full details, the property address, a clear statement indicating the lease's termination, the specific legal reason for eviction, and the statutory notice period.
Clear Wording: The language should be formal, clear, and direct, leaving no room for misinterpretation.
Delivery Method: The notice must be delivered through legally recognized channels, most commonly via a Notary Public, ensuring an official paper trail.
For new property owners who wish to evict existing tenants for their own necessity, they must send a notice through a notary within 1 month of acquiring the property, and can file an eviction lawsuit after 6 months.
The Process of Eviction with Police Assistance
If a court rules in favor of the landlord and the tenant refuses to vacate, the landlord must request enforcement through the Execution Office. This process, known as "polisle kiracı çıkarma," involves Execution Office officials, accompanied by the police, visiting the property on a scheduled date to carry out the eviction lawfully. Landlords should never attempt to evict a tenant personally, as this can lead to severe legal repercussions.
Foreign Nationals' Rights and Responsibilities
As a foreign national tenant in Turkey, you are protected under the exact same housing laws as Turkish citizens. You cannot be evicted without proper notice and legal cause, and you have the right to defend yourself against an eviction order in court. However, you also bear the responsibility to comply strictly with your rental agreement, pay rent on time, and respect the property and neighbors.
Seeking Legal Assistance
Dealing with an eviction order is complex and stressful. The Turkish legal system requires strict adherence to procedural rules, and any errors in drafting notices or filing lawsuits can result in costly delays or case dismissals. For foreign nationals unfamiliar with the language and legal nuances, seeking the assistance of a reputable law firm is highly recommended.
At Bayraktar Attorneys, we specialize in Turkish real estate and tenancy laws, offering expert guidance and representation tailored to your specific case. If you require legal support regarding eviction orders or any other legal concerns in Turkey, please contact us for professional assistance.
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