Buying a Tenanted Property in Türkiye: The New Owner’s Rights and Eviction Procedures
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Purchasing a property in Türkiye does not automatically terminate an existing tenancy agreement. A buyer acquiring an occupied residential or commercial property generally becomes the new landlord under Article 310 of the Turkish Code of Obligations (Law No. 6098).
The new owner may nevertheless have statutory grounds to seek termination of the tenancy, particularly where the property is genuinely required for personal residential or business use. Understanding the relevant notices, deadlines and judicial procedures is essential before initiating eviction proceedings.
1. What Happens to the Existing Lease When Ownership Changes?
Under Article 310 of the Turkish Code of Obligations, the new property owner generally succeeds to the landlord’s position under the existing lease. The sale does not automatically extinguish the lease; the tenant does not ordinarily have to execute a replacement agreement merely because the owner changes. The new landlord becomes entitled to rent falling due in accordance with the applicable legal position. Contractual terms and mandatory tenant protections remain relevant. The new owner must use a legally recognised ground to obtain eviction.
Accordingly, purchasing a property with an existing tenant does not give the buyer an unrestricted right to demand immediate possession.
2. Can the New Owner Evict the Tenant for Personal Use?
Article 351 provides a specific termination mechanism where the purchaser genuinely needs the property as a residence or workplace for themselves or certain qualifying family members. The provision covers the purchaser, their spouse, descendants, ascendants and other persons whom they are legally obliged to support.
The necessity must be established in the circumstances of the individual case. Merely preferring a vacant property or higher rent does not automatically satisfy the statutory requirement.
The acquisition-based procedure: The new owner may seek termination under Article 351 by acquiring ownership, notifying the tenant in writing of the qualifying need within one month of acquisition, observing the statutory six-month period after acquisition, and initiating the required legal proceedings in accordance with the applicable procedural requirements. The one-month written notice is a critical condition for this specific route. Its timing, content and proof of receipt should be reviewed carefully.
The alternative procedure: Article 351 also allows the new owner to rely on the expiry of the applicable contractual term and bring proceedings within the statutory one-month period following that expiry. The choice of route depends on the original lease, acquisition date, renewal position and relevant procedural rules. These alternatives should not be treated as interchangeable without reviewing the applicable dates.
3. Does the Tenant Have to Vacate After Six Months?
Not automatically. The six-month period under Article 351 does not, by itself, constitute an enforceable eviction order. Where the tenant disputes the owner’s claim, the landlord must follow the legally applicable dispute-resolution and judicial procedures. The competent court must assess whether the statutory grounds for termination have been established. Filing dates and applicable mandatory mediation requirements must also be considered.
4. What Rights Does the Tenant Retain?
A tenant does not lose statutory protection simply because the property has been sold. Depending on the circumstances, the tenant may contest whether a valid statutory ground exists, whether the purchaser has established a genuine need, whether notices were properly and timely served, whether proceedings were timely initiated, and whether mandatory mediation and other procedural conditions were met.
The tenant remains responsible for lawful contractual obligations, including rent. The new owner should not seek possession through intimidation, unlawful exclusion, interference with utilities or other self-help measures.
5. Is Mediation Required Before an Eviction Lawsuit?
Since 1 September 2023, Law No. 6325, Article 18/B, has generally required an application to mediation before commencing litigation arising from tenancy relationships. This includes ordinary judicial eviction disputes based on the new owner’s qualifying need. A statutory exception applies to the specific non-judgment enforcement procedures for eviction under the Enforcement and Bankruptcy Law. The procedural route must therefore be identified before determining whether mediation is compulsory.
Where parties reach an agreement, its terms should address the vacation date, possession, outstanding rent, security deposit and any agreed financial arrangements. If no agreement is reached, the appropriate judicial proceedings may be pursued, subject to statutory requirements.
6. What If the Property Is Re-Let After Eviction?
Article 355 of the Turkish Code of Obligations regulates restrictions on re-letting property after eviction on qualifying need or reconstruction grounds. Where statutory conditions are satisfied, re-letting to another person without just cause within the prescribed three-year period may give rise to legal consequences, including compensation potentially amounting to no less than one year’s rent from the final rental year. Entitlement depends on statutory requirements and relevant judicial interpretation: compensation should not be described as automatic following every voluntary departure or subsequent re-letting.
7. What Documents Should a New Owner Review?
A preliminary legal assessment generally involves the title deed, purchase date, existing lease, renewal history, rent payment records, notices, correspondence and evidence supporting the intended use. Where litigation is contemplated, the chronology of acquisition, notice, mediation and filing is particularly important.
Conclusion
A new property owner in Türkiye may have the right to seek eviction for genuine personal need, but acquiring ownership does not automatically terminate an existing tenancy. The legal position depends on the existing lease, qualifying need, notice requirements and procedural route.
G&K Partners Law Firm — Real Estate and Tenancy Disputes. This article provides general legal information and does not constitute advice concerning any particular tenancy or property transaction.
Primary legal references: Turkish Code of Obligations No. 6098, Articles 310, 350, 351 and 353–355; Mediation in Civil Disputes Law No. 6325, Article 18/B; Enforcement and Bankruptcy Law No. 2004.
Related legal guidance
landlord–tenant disputes, tenant rights after a property sale. See also property due diligence and contact information.
Official sources: Turkish Code of Obligations No. 6098; Mediation Law No. 6325.