If rent is unpaid, a landlord may pursue eviction through enforcement proceedings, termination for default, or two justified warnings. Each route has its own deadlines and procedure; mediation is mandatory before a court action but not for eviction through enforcement.
Unpaid rent is the most common cause of rental disputes. A landlord may not remove a tenant by self-help; changing the locks or cutting off electricity or water is unlawful and may give rise to criminal liability. The law offers three distinct routes.
1. Eviction through enforcement proceedings (Enforcement and Bankruptcy Law (İİK) Art. 269 et seq.). The landlord may start enforcement proceedings for unpaid rent. For residential and roofed commercial premises, the payment order warns the tenant to pay within thirty days, failing which eviction may be sought. The tenant may object within seven days. If the tenant neither objects nor pays in time, the landlord may apply to the enforcement court for eviction. This route is generally faster than a lawsuit and is not subject to mandatory mediation.
2. Termination for default and eviction action (Turkish Code of Obligations (TBK) Art. 315). If the tenant fails to pay rent that has fallen due, the landlord may give written notice setting a deadline and stating that the lease will be terminated if payment is not made. For residential and roofed commercial premises the deadline must be at least thirty days. If payment is not made, the lease may be terminated and an eviction action filed.
3. Two justified warnings (TBK Art. 352/2). If the tenant has caused two justified written warnings for non-payment within one lease year, the landlord may terminate by filing suit within one month of the end of that lease year. Late payment does not prevent eviction on this ground, but each warning must be justified, that is, relate to rent actually unpaid.
4. Mandatory mediation. Under Article 18/B of Law No. 6325 on Mediation in Civil Disputes, since 1 September 2023 applying to a mediator is a precondition before filing suit in disputes concerning leased real property. Eviction through enforcement proceedings is excluded from this requirement. Mediation must therefore be completed before filing an eviction action for default or two warnings. A settlement reached in mediation and certified as enforceable has the effect of a court judgment.
5. Written undertaking to vacate. If the tenant fails to vacate on the date stated in a written undertaking given after taking possession, the landlord may seek eviction through enforcement or by filing suit within one month of that date (TBK Art. 352/1; İİK Art. 272). In Court of Cassation practice, undertakings signed at the same time as the lease are not considered valid.
6. The rent claim itself. Unpaid rent may be claimed together with or separately from eviction. Rent claims are subject to a five-year limitation period (TBK Art. 147/1). A security deposit secures the landlord's claims arising from the lease (TBK Art. 342).
Conclusion. The right route depends on the number of unpaid periods, the likelihood of an objection and the landlord's priorities. Since each route has its own deadlines, planning warnings and time limits correctly from the first late payment prevents loss of rights.
This article is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.
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