How Can I Evict My Tenant?


 

How Can I Evict My Tenant? (2025 Comprehensive Guide)

Today, landlords often face serious issues when tenants don’t vacate the property on time or fail to fulfill their rental obligations. While tenant protection is crucial, landlords’ property rights are also constitutionally guaranteed.
So, what steps should a property owner take to evict a tenant, how long does it take, and under what circumstances can a lawsuit be filed?
Below is our detailed guide prepared by Üner Law Office – Alanya Lawyer:

1. Legal Grounds for Eviction

According to the Turkish Code of Obligations (TCO), tenants can only be evicted for lawful reasons. These include:

  • Non-payment of rent (Article 352)

  • Breach of written eviction undertaking (TCO 352/1)

  • Owner personally needing the property (need-based eviction, TCO 350)

  • Need by a new owner (TCO 351)

  • Tenant damaging the property or disturbing peace

  • The ten-year extension period having ended (TCO 347/2)

2. How to Evict a Tenant for Non-Payment of Rent?

One of the most common reasons is unpaid rent. The landlord can start enforcement proceedings by sending a 7-day payment notice. The process is:

  1. A payment order is issued via the enforcement office

  2. If unpaid within 7 days, a 30-day eviction notice is issued

  3. If still unpaid, file an eviction lawsuit in enforcement court

The Court of Cassation holds that two justified notices within one year are sufficient grounds for eviction.

3. How Valid Is a Written Eviction Undertaking?

If the tenant provides a written and signed statement like “I will vacate by [date],” this counts as grounds for eviction. However:

  • It must be given after the lease contract

  • It should bear a wet signature, while notarization is optional

  • The date must be precise (e.g., “May 2025” alone is invalid)

An eviction lawsuit must be filed within one month from the specified date.

4. Can the Landlord Evict the Tenant for Personal Use?

Yes. If the landlord, spouse, children, or dependents legally need the property, an eviction lawsuit may be filed. Key points:

  • The need must be real, sincere, and documented

  • It can be for residential or business use

  • If the property is rented out within 3 years after eviction, bad faith may be inferred

5. New Owner’s Right to Evict

A property purchaser may evict a tenant under certain conditions:

  • Send a written notice within 1 month of the title deed transfer

  • File an eviction lawsuit after 6 months

  • This right applies only for personal use—not for investment purposes

6. How Long Does the Eviction Process Take?

Eviction timelines vary based on the legal grounds:

Reason for Eviction Approximate Duration
Rent non-payment (via enforcement) 3 – 6 months
Eviction undertaking 2 – 4 months
Owner’s personal need 6 – 12 months
Ten‑year term exceeded 6 – 10 months

These durations depend on court workload and evidence.

7. Landlord’s Rights and Obligations

During eviction, the landlord must observe legal limits and responsibilities:

  • No arbitrary evictions—there must be legal grounds

  • Forced removal without a court order is illegal

  • Utilities like electricity, water, or gas must not be cut as pressure

  • The tenant's rights to the property continue until legally evicted

8. Considerations in Alanya

In tourist areas like Alanya, leases with foreign tenants may involve language differences, foreign currencies, and diverse lease forms. Short-term holiday rentals often fall outside the Code of Obligations.
Üner Law Office – Alanya Lawyer offers multilingual, experienced legal representation in tenant disputes for both local and foreign clients.

9. Frequently Asked Questions

Tenant refuses to vacate—what should I do?
 Physical eviction is illegal. Begin with a formal notice via notary or enforcement, then file a lawsuit.

Does the tenant have to leave when the contract expires?
 No. Unless legally justified, the lease automatically renews for one year. Eviction requires legal cause.

If the landlord sells the property, can the new owner evict the tenant?
 Yes, if the new owner issues notice within 1 month, and files a lawsuit 6 months later; otherwise, the lease continues.

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