Editorial clarification: This English version corrects the source article's suggestion that a fixed lease term automatically requires a residential or roofed commercial tenant to vacate. Article 347 of the Turkish Code of Obligations provides protections against termination solely on that ground. The original Turkish article requires editorial review.
What is tenant eviction?
Eviction is the process by which a tenant vacates rented premises and returns them to the landlord. A lease dispute must be assessed under the rules applicable to the particular type of property and tenancy, rather than solely under the wording of the contract.
Grounds for eviction
Depending on the facts, grounds may concern non-payment, a valid written undertaking to vacate, the landlord's legally recognised need, reconstruction or other statutory grounds. A breach or proposed subletting does not automatically entitle a landlord to remove a tenant; the applicable conditions and procedure must be examined.
Expiry of a fixed term
For residential and roofed commercial leases, expiry of the agreed term alone does not generally permit the landlord to terminate the lease. Renewal and statutory termination requirements must be considered under Article 347. A landlord should obtain advice before relying on a contractual end date.
Breach of the lease
The nature of the alleged breach, any required notice and opportunity to remedy it, and the applicable statutory conditions must be assessed before proceedings are started.
The landlord's need to use the property
A request based on need must satisfy the legal requirements. Simply asking the tenant to leave within a period chosen by the landlord does not establish an enforceable right to possession.
Procedure
The appropriate route may involve required pre-action steps, mediation where applicable, court proceedings or a legally available enforcement procedure. The relevant notices and filing periods depend on the grounds and must be checked by a lawyer.
Court proceedings and enforcement
The court considers the parties' submissions and evidence. Review and enforcement of a decision follow their own procedural rules; parties should not assume that every objection automatically stops enforcement.
This article is general information, not legal advice. Obtain advice on the facts of your matter. Legal and editorial approval is required before treating this version as publication-ready.