Evicting a Tenant from Newly Purchased Property in Turkey: A Landlord’s Legal Guide to TBK Article 351

Acquiring residential or commercial real estate in Turkey is a major milestone for international investors, expatriates relocating with their families, and foreign portfolio buyers. However, a significant portion of resale properties across Istanbul, Ankara, Antalya, and coastal resort districts are sold with sitting tenants (kiracılı taşınmaz) already in physical possession. Many foreign purchasers assume that acquiring the official Title Deed (Tapu Senedi) grants immediate vacant possession and the right to occupy or renovate the property upon closing. Under Turkish tenancy and property law, this assumption is completely unfounded.

Turkey’s rental statutes are firmly anchored in public-order tenant protections. Under the Turkish Code of Obligations (Türk Borçlar Kanunu – TBK, Law No. 6098), an ownership transfer does not automatically terminate an existing lease or permit the new owner to change locks, cut off utilities, or unilaterally demand instant vacatur. Attempting extrajudicial evictions exposes buyers to criminal prosecution for violation of domestic immunity (konut dokunulmazlığının ihlali) under the Turkish Penal Code. Instead, recovering possession requires navigating the statutory framework of Article 351 of the Turkish Code of Obligations. This provision governs eviction based on the new owner’s genuine housing necessity. Missing statutory deadlines or failing to satisfy evidentiary standards can leave a buyer locked out of their own property for years while receiving rent far below current market values.

The Legal Reality of Buying Tenanted Property in Turkey

When purchasing tenanted real estate in Turkey, foreign buyers must understand that the transfer of title does not wipe the contractual slate clean. Turkish law prioritizes residential stability, balancing ownership rights against the tenant’s right to housing security.

Automatic Lease Succession: Why the Existing Tenancy Survives Ownership Transfer Under TBK Article 310

The foundational principle governing tenanted property acquisitions is codified in Article 310 of the Turkish Code of Obligations (Kiralananın El Değiştirmesi). Under TBK Article 310, if the leased property changes hands after the execution of the tenancy contract, the new owner automatically succeeds to the lease agreement as the statutory landlord.

This statutory succession occurs by operation of law (ipso jure) on the exact date the title deed is registered at the Land Registry Directorate (Tapu Müdürlüğü). The purchaser steps into the legal shoes of the previous landlord, inheriting every term, obligation, deposit liability, and contractual covenant originally agreed upon. The tenant is not required to sign a new lease, agree to higher rental amounts, or renegotiate terms simply because the building or apartment has been sold.

The Buyer’s Dilemma: Balancing Owner Property Rights Against Strong Statutory Tenant Protections

Under Turkish residential tenancy law, lease contracts do not naturally terminate at the end of their one-year or multi-year terms. Pursuant to TBK Article 347, unless the tenant provides written notice of termination at least fifteen days prior to the expiration of the lease period, the contract automatically renews on an annual basis under identical conditions. The landlord cannot terminate the lease simply because the term has expired; statutory termination by the landlord without cause requires an uninterrupted tenancy duration of ten extension years (effectively eleven years total).

Consequently, an international buyer who purchases a property to live in, house family members, or operate a business cannot rely on standard contract expiration. The buyer’s primary legal mechanism to break this automatic renewal cycle and recover physical possession is establishing statutory necessity under TBK Article 351.

Eviction for New Owner’s Necessity Under TBK Article 351: The Dual-Track Framework

To prevent new property purchasers from being indefinitely excluded from their own assets, the legislature established TBK Article 351 (Yeni Malikin Gereksinimi). This statute creates a dual-track procedural mechanism for recovering possession on grounds of residential or commercial need.

Track 1: The Strict One-Month Notary Warning Letter (İhtarname) and the Six-Month Waiting Period

Track 1 represents the most common litigation avenue utilized by new purchasers. Under TBK Article 351, Paragraph 1, if the new owner requires the real estate for personal residential use or for the use of qualified statutory dependents, they must satisfy a strict two-step timeline:

1. The One-Month Notice Requirement: The new owner must notify the tenant in writing within one (1) month of the exact date of title deed registration. This notification must explicitly inform the tenant of the change of ownership and formally state that the property is required for the new owner’s genuine housing or commercial necessity.

2. The Six-Month Waiting Window: Once the notice is served, the law grants the sitting tenant a mandatory six-month grace period to secure alternative accommodation. The new owner cannot initiate an eviction lawsuit immediately. The eviction lawsuit (tahliye davası) can only be formally filed before the Civil Court of Peace (Sulh Hukuk Mahkemesi) six (6) months after the date of title deed acquisition.

Track 2: Eviction at the Natural Expiration of the Existing Lease Term

Under TBK Article 351, Paragraph 2, the new owner may alternatively elect to terminate the tenancy based on necessity at the natural expiration of the existing lease agreement. If a foreign buyer acquires a property in May, and the existing lease agreement with the previous owner concludes in July (two months later), the buyer is not forced to wait out the six-month period of Track 1.

Instead, the buyer can allow the lease to reach its contractual expiration date and file the eviction lawsuit within one (1) month following the contract end date, as provided under TBK Article 350. However, if the existing lease has several years remaining on a fixed term, Track 1 provides the faster remedy by overriding the remaining contractual term after six months.

The Peremptory Nature of Deadlines (Hak Düşürücü Süre): Why Missing the One-Month Window Is Fatal

The one-month notification period under TBK Article 351 is a peremptory deadline (hak düşürücü süre) under Turkish civil procedure. Unlike ordinary statutes of limitations, peremptory deadlines cannot be suspended, tolled, or waived by the judge, and courts must inspect them ex officio (on their own motion).

The one-month clock begins ticking on the calendar day following the execution of the title deed conveyance at the Land Registry. If the title is transferred on September 15, the warning letter must not merely be drafted or mailed—it must be legally served on the tenant through the Notary Public on or before October 15. If the notice is served on October 16, the new owner completely loses the right to utilize the 6-month fast-track eviction. The buyer is then forced to wait until the natural expiration of the lease term, which may be up to eleven months away.

Proving “Genuine, Sincere, and Compelling” Housing Need in Turkish Courts

Filing an eviction lawsuit under TBK Article 351 does not guarantee automatic judgment in the landlord’s favor. Turkish tenancy jurisprudence imposes a rigorous evidentiary threshold: the claimant landlord must prove to the court that their asserted need for the property is genuine, sincere, and mandatory (gerçek, samimi ve zorunlu ihtiyaç).

Judges at the Civil Court of Peace and appellate panels of the Court of Cassation (Yargıtay) systematically dismiss eviction claims where the alleged necessity appears speculative, fabricated to re-rent at higher prices, or motivated by an intent to retaliate against a sitting tenant.

Qualified Beneficiaries Under Law: Personal Use, Spouse, Descendants, Ascendants, and Legal Dependents

Under the explicit text of TBK Article 351, a landlord cannot evict a tenant on behalf of just any relative or associate. The statutory circle of qualified beneficiaries is strictly limited to:

• The Property Owner: Personal residential or business use by the title deed holder.

• The Owner’s Spouse: Even if the spouses are legally separated or undergoing divorce proceedings, necessity claims for the spouse remain statutorily valid.

• Descendants (Altsoy): The owner’s children and grandchildren.

• Ascendants (Üstsoy): The owner’s parents and grandparents.

• Legal Dependents: Individuals whom the landlord is legally obligated to support and maintain under the provisions of the Turkish Civil Code (e.g., wards under legal guardianship).

Eviction claims filed on behalf of siblings (brothers or sisters), cousins, nieces, in-laws, or business associates are categorically dismissed under Turkish law. The Court of Cassation consistently holds that siblings fall outside the statutory scope of TBK Article 351.

Court of Cassation (Yargıtay) Precedent: What Concrete Evidence Convinces the Civil Court of Peace?

To satisfy the requirement of “sincere and compelling” need, the landlord must provide concrete, documented evidence during the evidentiary phase of litigation. Under settled Yargıtay precedents (such as decisions of the 3rd and 6th Civil Chambers), Turkish courts assess specific life circumstances:

• Landlord Residing in Rented Accommodation: If the foreign buyer is currently living in rented housing in Turkey and is facing an eviction notice or high rent increases from their own landlord, the Court of Cassation views their need to move into their own property as inherently sincere and mandatory.

• Relocation from Abroad to Turkey: Foreign investors or returning Turkish expatriates relocating their primary residence to Turkey must prove genuine intent. Evidence includes flight records, shipping manifests for household furnishings, local school enrollment for children, employment contracts, or company registrations in Turkey.

• Marriage or Independent Household for Adult Children: If the owner’s adult child is getting married or establishing an independent residence, the court recognizes this as a valid necessity, provided wedding hall bookings, marriage registrations, or sworn declarations are submitted.

• Ownership of Multiple Properties in the Same Municipality: If the landlord owns other vacant, comparable residential properties within the same town or district, the court will dismiss the eviction claim. The landlord must prove why the tenanted unit is uniquely required (e.g., proximity to medical care, accessibility for elderly ascendants, or specific structural adaptations).

Residential vs. Commercial Necessity: Distinct Evidentiary Burdens for Homes and Office Properties

TBK Article 351 applies to both residential dwellings (konut) and commercial workplaces (çatılı işyeri). However, proving commercial necessity carries distinct evidentiary burdens:

• The buyer must demonstrate that they currently operate a business in rented premises or intend to launch an active commercial enterprise registered with the Turkish Trade Registry (Ticaret Sicili) and local tax office.

• The physical structure and zoning of the acquired property must be legally and architecturally suitable for the designated commercial activity (e.g., municipal operating license / ruhsat compliance).

• The Court of Cassation rejects commercial necessity claims if the business activity is purely speculative or if the landlord lacks professional licensing required for that trade.

The Three-Year Re-Rental Prohibition (Yeniden Kiraya Verme Yasağı): Statutory Penalties Under TBK Article 355

To deter predatory landlords from using false necessity claims to expel low-paying tenants and re-let units at inflated market rates, the Turkish Code of Obligations imposes severe statutory sanctions under Article 355 (Yeniden Kiraya Verme Yasağı).

Under TBK Article 355, if a landlord secures the eviction of a tenant on the grounds of personal necessity (via judicial judgment or formal notary demand), the landlord is strictly prohibited from leasing the property to any third party for a period of three (3) full years from the date of vacatur, unless a legally justifiable excuse (haklı sebep) is established.

If the landlord breaches this three-year prohibition by leasing the property to a new tenant, the evicted tenant holds the statutory right to sue the landlord for financial compensation. Under TBK Article 355, Paragraph 3, the court will order the landlord to pay damages not less than one full year’s rent, calculated on the basis of the final rental rate paid prior to eviction, alongside relocation expenses and damages.

The Step-by-Step Eviction Procedure: From Notary Notice to Physical Bailiff Eviction

Securing physical possession under TBK Article 351 requires completing four distinct statutory stages without procedural error.

Stage 1: Drafting and Serving a Flawless Notary Warning Letter via the Turkish Notary Public

While TBK Article 351/1 mentions “written notification” (yazılı bildirim), sending an ordinary postal letter, text message, or email is legally fatal in practice. To constitute admissible evidence in Turkish courts, the notice must be served exclusively through a Turkish Notary Public (Noter) as an official Notary Warning Letter (İhtarname).

The Notary Warning Letter must contain:

• Exact date of acquisition and cadastral parcel details matching the new Title Deed (Tapu Senedi).

• Identification of the specific qualified beneficiary (e.g., owner, spouse, child) who requires the property.

• Explicit explanation of the genuine, mandatory necessity driving the eviction.

• Formal demand for vacant possession at the conclusion of the six-month statutory period, including new bank account details (IBAN) for subsequent rental payments during the interim.

• Proof of physical service (tebligat şerhi) executed pursuant to the Notification Law (Law No. 7201). Counsel must track the delivery date, as the one-month window is measured by receipt, not dispatch.

Stage 2: Mandatory Pre-Litigation Mediation (Dava Şartı Arabuluculuk) Under Law No. 7445

Under the Seventh Judicial Reform Package enacted through Law No. 7445, as incorporated into the Law on Mediation in Civil Disputes (Law No. 6325), pre-litigation mediation became a mandatory cause of action prerequisite (dava şartı) for all landlord-tenant disputes.

Before filing an eviction lawsuit at the court, the new landlord’s attorney must submit an official application to the centralized Courthouse Mediation Bureau (Arabuluculuk Bürosu). Once an independent mediator is assigned, the parties attend formal mediation sessions (in person or via video conference). The process unfolds under strict rules:

• Mediation Duration: The mediator has three weeks to conclude negotiations, extendable by a maximum of one additional week (four weeks total).

• Agreed Settlement (Anlaşma Belgesi): If the tenant agrees to vacate on a specified date in exchange for moving allowances, deposit returns, or temporary rent concessions, a formal Settlement Document is executed. Once certified by the Civil Court of Peace, this agreement operates as an enforceable court decree (ilam niteliğinde belge), permitting immediate eviction via bailiffs without a trial if breached.

• Failure of Settlement (Anlaşamama Son Tutanağı): If the tenant refuses to vacate or fails to attend, the mediator drafts the Final Disagreement Protocol. The eviction lawsuit cannot be submitted to the court without appending this official document.

Stage 3: Litigating the Eviction Lawsuit Before the Civil Court of Peace (Sulh Hukuk Mahkemesi)

Following the failure of mediation, counsel files the eviction petition before the Civil Court of Peace located in the judicial jurisdiction where the real estate sits. The trial involves structured procedural phases:

• Exchange of Petitions: The plaintiff submits the statement of claim; the defendant tenant submits written defenses (typically contesting the sincerity of the need or claiming procedural defects in the notary notice).

• Evidentiary Hearing & Witness Testimonies: The judge examines utility records, municipal property ownership registries across Turkey (to verify the landlord has no alternative empty properties), and hears sworn testimonies from witnesses regarding the landlord’s family situation and relocation needs.

• Final Eviction Decree (Tahliye Kararı): Upon establishing that the one-month notice was served correctly, the six-month period lapsed, and the necessity is genuine, the judge issues a binding judgment ordering the termination of the lease and the eviction of the tenant.

Stage 4: Enforcement and Physical Eviction via the Enforcement Directorate (İcra Dairesi) and Bailiffs

A favorable court judgment does not permit a landlord to remove the tenant directly. Enforcement must be executed through the state judicial enforcement apparatus pursuant to the Enforcement and Bankruptcy Law (İcra ve İflas Kanunu – İİK, Law No. 2004):

1. Counsel files the eviction decree with the local Enforcement Directorate, which serves the tenant with an official Eviction Order (Tahliye Emri) granting seven (7) days to vacate voluntarily.

2. If the tenant remains after the seven-day period lapses, the enforcement officer, accompanied by a locksmith, moving personnel, and police officers, attends the premises.

3. The bailiff changes the door locks, documents all remaining tenant belongings in an official seizure protocol, deposits the furniture into a bonded warehouse (yediemin deposu), and formally hands physical possession of the keys to the property owner.

Eviction Undertakings (Tahliye Taahhütnamesi): Can a New Owner Enforce a Document Signed with the Previous Landlord?

An Eviction Undertaking (Tahliye Taahhütnamesi) is a written commitment wherein the tenant formally pledges to unconditionally vacate the leased premises on a specific calendar date under Article 352, Paragraph 1 of the Turkish Code of Obligations.

Foreign buyers frequently discover that the seller holds an eviction undertaking signed by the sitting tenant. A crucial question arises: Can the new purchaser legally enforce an undertaking executed in favor of the previous owner?

Statutory Validity Criteria: Date of Issuance, Free Will, and Spousal Consent Requirements

Under established Court of Cassation jurisprudence, the answer is yes. Because the new owner succeeds to all contractual rights of the landlord under TBK Article 310, the benefit of an existing eviction undertaking automatically transfers to the buyer. However, the undertaking must satisfy strict statutory validity tests established by Turkish case law:

• The Subsequent Execution Rule: The undertaking must have been executed on a date strictly subsequent to the execution of the original lease contract and physical delivery of the keys. An undertaking signed on the same day as the lease agreement is presumed by courts to have been executed under duress (müzayaka hali) and is deemed null and void.

• Specific Eviction Date: The document must contain a clear, unambiguous calendar date for vacatur (e.g., “August 31, 2026”), not open-ended or conditional phrasing.

• Family Residence Protection (TMK Article 194): If the leased property serves as the official family home of the tenant, the Court of Cassation holds that an eviction undertaking signed exclusively by one spouse without the written consent of the other is legally invalid if a Family Residence Annotation (Aile Konutu) is registered or claimed.

Fast-Track Enforcement via Summary Execution (İlamsız İcra Takibi) Under Enforcement Law Article 272

If the new owner holds a valid eviction undertaking, they are not required to litigate under TBK Article 351 or prove personal necessity. The landlord can bypass ordinary court litigation by filing for Summary Eviction Enforcement without Judgment (İlamsız Tahliye Takibi) under Article 272 of the Enforcement and Bankruptcy Law.

This execution procedure must be initiated within one (1) month following the vacatur date stated on the undertaking. The enforcement office serves an eviction order giving the tenant fifteen (15) days to vacate or seven (7) days to file an objection. If no valid objection (such as challenging signature authenticity) is raised, the eviction order becomes immediately final, allowing bailiff eviction in weeks rather than months.

Pre-Acquisition Due Diligence Checklist: Protecting Foreign Buyers Before Title Deed Transfer

The most effective method to avoid protracted eviction litigation is conducting rigorous legal due diligence before executing the purchase contract or transferring funds at the Land Registry.

Auditing the Existing Lease: Rental Amounts, Bank Payment Traces, and Registered Deposit Claims

Never rely on verbal assurances from the seller or estate broker that the tenant is “cooperative and preparing to leave.” Legal counsel must obtain and examine the original physical lease agreement:

• Verify the precise execution date, initial contract duration, and scheduled renewal milestones.

• Audit bank transfer records for the preceding twelve months to verify whether the tenant pays rent consistently and identify the exact declared rental amount.

• Check the security deposit ledger; the new owner becomes legally liable to refund the deposit to the tenant upon eventual vacatur, meaning the purchase price should be adjusted accordingly.

Verifying Sitting Tenant Status in Land Registry (TAKBİS) Records (Kira Şerhi)

Counsel must inspect the central cadastral registry to verify whether the tenant holds an Annotation of Lease (Kira Şerhi) on the title deed ledger pursuant to Article 1009 of the Turkish Civil Code. If a long-term lease (e.g., 5 or 10 years) has been formally annotated onto the title, the tenant’s right of possession binds all subsequent purchasers. A new owner cannot evict a tenant holding an active title deed lease annotation under TBK Article 351 until the full annotated period concludes.

Structuring the Purchase Agreement: Holdbacks, Delivery Protocols, and Pre-Closing Vacatur Commitments

If vacant possession is an absolute requirement for your acquisition, your real estate attorney should structure protective contractual mechanisms into the Preliminary Sales Contract:

• Pre-Closing Vacatur Condition: Mandate that the seller deliver the property completely vacant prior to the title transfer date, making vacant delivery a non-negotiable condition precedent to payment.

• Financial Holdback / Escrow Penalty: If the tenant cannot vacate before closing, withhold a substantial percentage of the purchase price (e.g., 10% to 20%) in an independent attorney escrow account. The funds are released to the seller only upon verified physical handover of the empty property, with daily liquidated damages deducted for delay.

• Tripartite Notary Protocol: Execute a three-party protocol involving the seller, the buyer, and the sitting tenant before a Notary Public, wherein the tenant legally renounces occupancy rights and establishes a binding, immediate vacatur schedule.

How The Lawyer Turkey Protects Foreign Property Owners in Tenancy and Eviction Disputes

Navigating Turkish landlord-tenant litigation requires precision, procedural compliance, and an aggressive trial strategy. At The Lawyer Turkey, our real estate litigation attorneys provide end-to-end representation for international property owners, expatriate families, and institutional investors facing recalcitrant tenants across Turkey.

Our tenancy dispute practice delivers structured, focused advocacy across every phase of the acquisition and eviction lifecycle:

Strategic Pre-Acquisition Lease Audits

Before you commit capital, we inspect the existing lease documentation, review bank payment histories, verify Land Registry TAKBİS records for registered lease annotations, and evaluate existing Eviction Undertakings to determine realistic possession timelines and litigation exposures.

Flawless Notary Warning Letter Execution (Within the 30-Day Window)

Timing is non-negotiable. Immediately upon title conveyance, we draft customized, legally robust Notary Warning Letters under TBK Article 351, articulating your genuine statutory necessity and serving the tenant through official notary channels with proof-of-service tracking to preserve your rights.

Direct Representation in Mandatory Pre-Litigation Mediation

We represent you directly before the Courthouse Mediation Bureau under Law No. 7445. Our litigators leverage legal pressure to negotiate rapid out-of-court settlements, securing legally binding vacatur protocols that eliminate the time and expense of prolonged trials.

Rigorous Civil Litigation Before the Civil Court of Peace

Where tenants refuse voluntary settlement, we initiate and litigate eviction lawsuits before the Civil Court of Peace. We compile indisputable evidence proving your sincere, mandatory housing or business necessity, dismantle bad-faith tenant defenses, and secure enforceable judicial eviction decrees.

Bailiff Enforcement and Physical Property Repossession

We do not stop at securing a court verdict. Our enforcement practice coordinates directly with the Enforcement Directorate, bailiffs, and law enforcement officers to execute physical evictions, supervise lock changes, manage bonded storage transfers, and place the physical keys securely into your hands.

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