Turkish Rental Property Eviction Law
Turkish law gives landlords the power to claim your tenant's belongings when they don't pay rent. Few property owners realize they possess this "right of retention" – a legal tool that goes beyond simply evicting problematic tenants. In this guide, we'll reveal the precise timelines that make or break eviction cases, how to protect yourself when tenants secretly remove property, and why most landlords lose months in court due to improper notification procedures. We'll share the exact documentation courts demand (hint: those informal receipts won't save your tenant) and the emergency options available when you catch someone removing items from your property. These practical insights come from years of navigating Turkey's unique property laws that balance landlord power with tenant protection.
Rental Payment Enforcement
Payment Order Timeline
When your tenant falls behind on rent, you can initiate a payment order that doubles as an eviction warning. The timeline is straightforward:
After issuing the order, the tenant has seven days to object
If they don't pay within the specified period (usually 30 days for regular rentals), you can request eviction within six months
Missing the six-month window means starting the whole process over
This timeline protection balances landlord needs with tenant rights, giving clear boundaries for both parties.
Tenant Objection Deadlines
Tenants have specific deadlines to object to a payment order:
Seven days for standard rental agreements
Three days in cases where the rental contract allows for quick termination due to non-payment
This tight timeframe exists to prevent unnecessary delays for landlords while still giving tenants a chance to defend themselves. If your tenant misses this deadline, they're considered to have accepted the payment order and all its terms. When seeking legal help, this short window makes quick action crucial—many tenants lose their right to object simply by waiting too long.
Notification Requirements
Your payment order must include specific legally required elements to be valid:
A formal warning as outlined in Articles 260 and 288 of the Turkish Code of Obligations
Clear notification that eviction proceedings may follow non-payment
Information about objection rights
Think of this as the foundation of your eviction case—if these elements are missing, the whole process might collapse later. Many landlords find their cases delayed for months because of improperly prepared notifications, which is why having a lawyer verify your documents before sending them can save significant time.
Tenant Objection Procedures
Valid Objection Grounds
Tenants can object on several grounds, but these must be substantial rather than delaying tactics. Valid objections include:
Proving rent was already paid
Challenging the existence of the rental agreement
Disputing the signature on the contract
Demonstrating a legal reason the payment can't be demanded
What's interesting is that if a tenant denies signing the contract but later loses their case, they can face significant monetary penalties. This discourages frivolous denials and protects you from tenants who might try to game the system.
Document Evidence Rules
In Turkish rental disputes, document strength matters enormously:
A notarized lease agreement provides the strongest position for landlords
Tenants must counter with evidence of equal legal weight
Only official receipts, notarized documents, or landlord-acknowledged payments are accepted as proof of payment
Informal receipts or verbal agreements are insufficient
This evidence hierarchy creates clarity in disputes but also means you should prioritize proper documentation from day one of the rental relationship.
Rejection Consequences
When a tenant's objection is rejected, the consequences are immediate and significant:
Loss of right to remain in the property
Inability to raise new defenses like payment or offset claims not initially mentioned
Potential fines ranging from 100,000 to 500,000 lira for falsely denying signatures on rental agreements
These penalties exist to discourage frivolous objections that waste court resources. Understanding these consequences helps both parties take the objection process seriously and consider carefully before making claims they can't substantiate.
Eviction Order Process
Contract Expiration Evictions
When your rental agreement reaches its end date:
You have a 30-day window to present the contract to the enforcement office
The enforcement office issues an eviction order
The tenant receives 15 days to vacate
This simplified procedure is designed for clear-cut cases where the contract term has simply ended. It's particularly useful for landlords who want to regain their property after a fixed-term lease without proving tenant wrongdoing. Make sure to act within that 30-day window, or you might need to pursue more complicated legal options.
Enforcement Timeline
Once an eviction order is issued:
Tenants have 15 days to vacate
Tenants may file an objection within seven days of receiving the notice
If no objection is filed or if objection is overruled, physical removal can occur after the 15-day period
For objection-related evictions, there's a 10-day waiting period after the decision before physical eviction
Understanding these precise timelines helps both landlords plan for property turnover and tenants organize their relocation. A lawyer can help you navigate these deadlines to avoid costly delays or procedural missteps.
Property Removal Procedures
When evicting a tenant, any property not belonging to the landlord must be handled according to specific procedures:
The enforcement office makes an inventory of remaining items
Items may be stored at the tenant's expense
If unclaimed within a reasonable time, items may be sold to cover storage costs
This process protects both the tenant's property rights and the landlord's need to recover their space. Always document the condition of the property and any remaining items during this process—photographs can prevent later disputes about property damage or missing items.
Landlord Property Rights
Item Retention Rights
As a landlord in Turkey, you have a special legal right called "hapis hakkı" (right of retention) over your tenant's possessions:
You can request the enforcement office create an inventory of items that can potentially be sold to cover unpaid rent
You'll receive a 15-day deadline to initiate a formal debt collection proceeding afterward
This right gives you leverage beyond just eviction
This right is especially useful with tenants who have valuable possessions but claim they can't pay rent. However, you must act quickly and follow proper legal channels.
Removed Property Recovery
If your tenant secretly or forcibly removes items subject to your retention rights:
Turkish law gives you a 10-day window to recover them
Enforcement officers can retrieve items even if moved to another location
This right is balanced against protection for innocent third parties who may have purchased the items without knowing
When time is critical, having a lawyer who knows how to quickly mobilize enforcement officials can make the difference between recovering valuable items and losing them permanently.
Emergency Protection Options
When you discover a tenant removing property that's subject to your retention rights, immediate action is possible:
In urgent situations, you can bypass the standard enforcement office procedure
You can directly request assistance from local police or district administrators
Having your rental agreement and proof of unpaid rent readily available helps authorities respond appropriately
This emergency pathway exists because property can disappear quickly, often before standard legal processes can respond. For example, if you notice moving trucks at night or during holidays, you can contact authorities immediately rather than waiting for offices to open.
Third Party Occupancy Issues
Non-Tenant Occupants
Sometimes you'll find people living in your property who aren't on the lease:
Occupants without official documentation proving their right to be there can be immediately evicted
If they claim occupancy since before your contract with the tenant, the enforcement officer must investigate
Having clear documentation of when your property was transferred to the tenant can help counter fraudulent claims
This creates a delicate situation where someone might be using the "prior occupancy" claim simply to delay eviction.
Documentation Requirements
Third-party occupants claiming a right to stay must present official documentation:
Without proper evidence, immediate eviction is authorized
If they claim they've been there before your lease began, enforcement officers must conduct an on-site investigation
If this claim appears valid, the enforcement officer must refer the matter to court within three days
This creates a potential complication for landlords, as undocumented verbal agreements can sometimes delay what should be a straightforward eviction. Having photographs from before the tenant moved in can help disprove false claims.
Family Member Exceptions
Turkish law takes a pragmatic approach to family members living in rental properties. The following are not considered "third parties" under eviction law:
The tenant's parents
Children
Spouse
Second-degree relatives by blood or marriage
Business partners
This means they don't have independent rights to remain in the property after the tenant's eviction. This provision prevents tenants from trying to block evictions by claiming family members have separate occupancy rights. However, this also means you should be aware of who exactly is living in your property from the beginning of the tenancy to avoid surprises during the eviction process.
Turkish Eviction Essentials
Getting tenants out of your property in Turkey follows clear rules, but timing is everything. Miss a deadline, and you might start over from square one. The right paperwork makes all the difference between a smooth process and months of headaches.
At Atlas Legal Partners in Istanbul, we see this play out daily. Our team helps foreigners turn tricky rental situations into clear-cut resolutions without the usual stress and delays.
What's your biggest worry about your rental property in Turkey? Share your thoughts – your experience might help others facing similar challenges.
