Eviction for Non-Payment of Rent in Türkiye: Notices, Enforcement and Court Proceedings
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Failure to pay rent may give a landlord grounds to seek payment, termination or eviction, but Turkish law imposes notice, payment period and procedural requirements. A missed payment does not automatically authorise the landlord to take possession.
1. What Happens When Rent Is Not Paid?
Article 315 of the Turkish Code of Obligations regulates default concerning rent and qualifying ancillary expenses. The landlord may issue a compliant written notice granting a payment period with the required termination warning. For residential and roofed commercial leases, the minimum period is generally thirty days. Under Article 315, this period starts on the day following written notification.
2. Does the Thirty-Day Notice Automatically Evict?
No. Expiry may be relevant to termination, but it does not permit physical removal or changing locks. Disputed possession requires judicial or enforcement procedure. Notice validity, amount due and payments during the period may be decisive.
3. Can the Landlord Initiate Enforcement?
The Enforcement and Bankruptcy Law provides procedures to recover qualifying rent and, where conditions are met, seek eviction through non-judgment enforcement. The enforcement payment order, debtor objection rights and statutory payment periods must be distinguished from a contractual demand. Timelines depend on the chosen enforcement track and service. Enforcement does not automatically prove the debt or deliver possession.
4. Two Justified Notices
Article 352(2) establishes a separate termination mechanism involving two justified written notices arising from non-payment during the legally relevant rental period. Requirements include lease duration, nature and number of notices and filing period. Informal reminders do not necessarily qualify. Effects of subsequent payments require examination of applicable law and facts.
5. Main Procedures Compared
| Procedure | Focus |
|---|---|
| Article 315 notice and termination | Failure to pay after statutory notice |
| Article 352(2) | Two justified notices within relevant rental period |
| Non-judgment enforcement | Payment order, objections, possible eviction |
| Ordinary rent collection lawsuit | Court determination of monetary obligation |
6. Mandatory Mediation
Article 18/B of Law No. 6325 generally requires mediation before lawsuits arising from rental relations. The provisions governing eviction through non-judgment enforcement under the Enforcement and Bankruptcy Law are expressly excluded. Distinguish initial enforcement from any separate judicial action following objection.
7. Tenant Defences
Depending on circumstances, tenants may challenge existence or amount of debt, prove payment, dispute notice or service, or raise other legally available objections. Relevant deadlines differ by procedure. Collecting rent and obtaining eviction are related but legally distinct.
8. Evidence
Review lease, bank payments, account reconciliation, formal notices, proof of service and any enforcement file. Reconstruct payment due dates and procedural chronology.
Frequently Asked Questions
Can a landlord change locks after non-payment? No; self-help is not a lawful substitute for eviction proceedings.
Is any payment reminder sufficient? No; applicable statutory form, content, warning and timing must be satisfied.
Does later payment end every possible eviction claim? Not necessarily; consequences depend on the route and timing.
Conclusion
Non-payment can justify legal action, but collection, termination and possession involve separate requirements. Correct notices, service and deadlines are essential.
G&K Partners Law Firm — Tenancy Disputes and Enforcement. General legal information, not individual legal advice.
Primary legal references: Turkish Code of Obligations No. 6098, Articles 313–315 and 352(2); Enforcement and Bankruptcy Law No. 2004; Law No. 6325, Article 18/B.
Related legal guidance
landlord–tenant disputes, rent determination and adjustment. See also property due diligence and contact information.
Official sources: Turkish Code of Obligations No. 6098; Mediation Law No. 6325.