Eviction of 10-Year Tenant

Rapid changes in residential and workplace rental prices throughout Türkiye have brought eviction disputes between lessors and tenants to the top. Since the principle of protecting the tenant is essential in rental law, property owners' ability to arbitrarily evict tenants from home or workplace is extremely limited. However, Turkish Code of Obligations (TBK) art. Article 347 has granted a very important right to the lessor in order to maintain the balance between the parties in long-term rental relations exceeding a certain period: It is possible to terminate the contract and evict the tenants who have completed the 10-year extension period without giving any reason.

However, this right is strictly dependent on the calculation of millimetric legal periods and procedural rules that limit rights. The slightest calculation error or delayed notice will result in the right to release being postponed for another year. In this guide, we explain how property owners can legally evict their tenants who have been living in their properties for more than 10 years without losing their rights, with practical time calculation formulas and up-to-date tables.

1. What are the Conditions for Evacuation of a Tenant of 10 Years? (TBK article 347)

In order for a home or workplace owner to evict his tenant based solely on "expiration of time" without showing any justifiable reason (need, reconstruction, two justified warnings, etc.), the following legal conditions must be present:

• Expiry of the 10-Year Extension Period: After the end of the initial contract period, the "extension period", which is automatically renewed every year, must have completed at least 10 years in total.
• Written Notification (Warning) at least 3 Months Ago: The lessor must give a written notice of termination (warning) to the tenant at least 3 months before the end of the target extension year.
• No New Lease Agreement Made: While the 10-year extension period continues or ends, a new written lease agreement must not be signed between the parties from scratch, independent of the old agreement. (If a new contract is signed, the 10-year legal period is reset and starts running again).
• Completion of the Mandatory Mediation Process: Before filing a lawsuit, an application must be made to the mediation office, which is a legal obligation, and a report of disagreement must be obtained.

What Should Be Included in the Warning Letter?

In cases of tenant eviction based on a 10-year extension period, the notice is the most important document that forms the basis of the case. For this reason, sending a warning with a general statement such as "evacuate the house" may not be enough. The notice must clearly state the start date of the rental agreement, whether the agreement is for a definite or indefinite period, the full address of the real estate, the identity information of the tenant, and the legal basis on which the eviction request is based.

Especially in fixed-term lease agreements, the date on which the initial contract period expires, when the 10-year extension period expires, and at the end of which lease year the termination notice will result must be clearly explained. Although the lessor does not have to show any reason for eviction in accordance with Article 347 of the Turkish Code of Obligations, it should be clearly stated in the notice that the 10-year extension period has expired and therefore the lease agreement will not be renewed.

One of the most critical points when preparing a notice is the notification date. The law requires that the notice reach the tenant at least 3 months before the end of the lease period. Therefore, merely sending the warning is not enough; It must be notified to the tenant in due time. For this reason, in practice, sending the warning through a notary is the safest method in terms of proving both the content, the date of sending and the date of notification.

It is also important to specify a reasonable date for eviction in the notice and to ask the tenant to vacate the property at the end of the rental period and to return the keys properly. If the tenant does not vacate the property despite the warning, after the end of the rental period, a mandatory mediation process must first be carried out, and if an agreement cannot be reached, an eviction lawsuit must be filed in the Civil Court of Peace.

2. 10-Year Duration Differences in Fixed and Indefinite Term Contracts

The biggest mistake that competitors and many general information sites make is trying to calculate the 10-year period in all lease agreements in the same way. However, whether the contract is for a definite or indefinite period completely changes the beginning of the period:

3. How is the 10-Year Release Period Calculated in Fixed-Term Contracts?

In fixed-term residential and roofed workplace leases, the initial contract period (e.g. 1 year) determined at the beginning is not included in the calculation of the 10-year extension period. The earliest date a tenant can be evicted is determined by the following mathematical formula:

Earliest Lease Year to be Evacuated = Contract Term + 10-year Extension Period + Extension Year in which the Warning Will Be Notified

Sample Duration Calculation Table (For 1-Year Fixed Term Contract):

According to this calculation, in a 1-year lease agreement starting on 01.01.2015, the landlord can evict the tenant without giving any reason only at the end of the 12th year (as of 01.01.2027).

Most Common Mistakes in 10-Year Tenant Eviction

Eviction of a 10-year tenant is one of the types of cases most lost in practice due to time calculation and notification errors. The most common mistake made by lessors is to calculate the 10-year period directly from the start date of the lease. However, in fixed-term lease agreements, the initial contract period is not included in the 10-year extension period. First, the first contract period is completed, then the 10-year extension period begins and the right of termination can be exercised at the end of this period.

Another important mistake is sending the notice late or notifying the tenant late even if it is sent on time. The law requires that the notice reach the tenant at least 3 months before the end of the lease period. For this reason, the date on which the notice is notified to the tenant is taken into account, not the date on which it is mailed. If the notice is notified even one day late, the termination notice may not produce results for that period and the lessor may have to wait for the next rental period to file an eviction lawsuit.

One of the common mistakes is that the parties sign a new lease agreement without being aware of it. Making a new contract every year, especially to update the rental price, may in some cases cause the 10-year period to start over again. Therefore, the difference between additional protocols that continue the existing lease relationship and independent new lease agreements should be carefully evaluated.

Another mistake made by lessors is that they directly file an eviction lawsuit without completing the mediation process. Since it is mandatory to apply for mediation before filing a lawsuit in rent disputes, cases filed before this stage is completed may be rejected due to procedural reasons. This causes both loss of time and prolongation of the evacuation process.

In addition, incomplete property information in the notice, incorrect listing of the tenant, failure to notify all tenants if there is more than one tenant, and failure to include all owners in the process in case of joint or shared ownership may also cause problems in an eviction case. For this reason, it is not enough for the 10-year tenant eviction period to have expired; All warning, notification, mediation and litigation stages must be carried out in accordance with the procedure.

What Should Be Considered During the Mediation Process?

It is mandatory to apply for mediation before filing a lawsuit for the eviction of a tenant of 10 years. The mediation process should not be seen as a phase that must be completed only formally. Because if the parties reach an agreement at this stage, a binding solution can be produced regarding the evacuation of the property without the need for an eviction lawsuit, which can take a long time.

In mediation meetings, the release date must be clearly determined. The minutes should clearly state the date on which the tenant will vacate the property, to whom and how the key will be handed over, how the accumulated rent debts, if any, will be paid, under what conditions the deposit will be refunded, and whether damage will be detected upon delivery of the property. Ambiguous statements may cause new disputes in the future.

One of the most important points for the lessor is that the agreement made in mediation is prepared in a applicable and enforceable manner. If the tenant does not vacate the property on the specified date, in order for the agreement minutes to have legal consequences, the text must be prepared in a clear, precise and unambiguous manner. For this reason, instead of vague statements such as "will be released on a suitable date", it would be more accurate to write the exact release date in the form of day/month/year.

If an agreement cannot be reached in mediation, a final report of disagreement is prepared by the mediator. An eviction lawsuit cannot be filed without receiving this report. While filing an eviction lawsuit in the Civil Court of Peace along with the disagreement report, the previously sent notice, rental agreement, notification documents and the final mediation report must be submitted to the file.

In this process, the lessor's aim should not only be to file a lawsuit. A properly conducted mediation meeting can enable the tenant to vacate the property within a reasonable time and prevent loss of time during the litigation process. However, if issues such as eviction date, rent debt, deposit, key delivery and the condition of the property are not clearly written, the mediation agreement may cause new legal problems in the future.

4. Frequently Asked Questions (FAQ)

Question 1: Is it mandatory to go to mediation before filing an eviction case for a tenant of 10 years?

Reply: Yes. In accordance with the legal regulation that came into force on September 1, 2023, it is a mandatory requirement to apply to a mediation office before filing a lawsuit in all eviction cases arising from rental relations. Cases filed directly without going to mediation are rejected due to procedural reasons.

Question 2: Where should mediation and litigation applications be made for the evacuation of a property in Kadıköy, Ataşehir or Ümraniye?

Reply: Applications for real estate in these districts should be made to the Mediation Office within the Istanbul Anatolian (Kartal) Courthouse. If an agreement cannot be reached, the eviction case is filed at the Kartal Courthouse Civil Court of Peace.

Question 3: Which courthouse has the authority to evict tenants within the borders of Şişli, Beşiktaş or Mecidiyeköy?

Reply: Mediation and eviction cases regarding unjustified evacuations of houses and workplaces located in these central districts of the European Side of Istanbul are carried out by the Istanbul (Çağlayan) Courthouse Civil Courts of Peace.

Question 4: Where can a lawsuit for unjustified eviction of immovable properties in Bakırköy, Beylikdüzü or Esenyurt be filed?

Reply: Property owners residing in these regions must first apply for mediation after the legal 3-month notice period, and if a compromise cannot be reached, they must file the case at the Bakırköy Courthouse Civil Courts of Peace.

Question 5: Must the notice be sent through a notary?

Reply: By law, it is sufficient that it be in writing; However, sending it through a notary public is the legally safest method in order to prove beyond doubt the content of the notice, the date it was sent and the day it was notified to the tenant.

Question 6: Does selling the house or changing hands through inheritance within the 10-year period reset the period?

Reply: No. Inheritance of the real estate or its sale to a third party does not terminate the lease agreement and does not reset the legal extension periods that passed during the previous owner's term. The new landlord may evict the tenant based on the accumulation of time initiated by the old landlord.

Question 7: Does manually re-signing the lease every year reset the 10-year period?

Reply: Yes. According to the decisions of the General Assembly of the Supreme Court of Appeals, if the parties come together and sign a new written contract from scratch, instead of automatically extending the existing contract, the 10-year eviction period starts from the end of this new contract.

Question 8: How can a 10-year tenant be removed if there is no written lease agreement?

Reply: If there is no written contract, the contract is considered to be of "indefinite duration". After the rental start date is proven with bank receipts, witness statements or invoices, an eviction lawsuit can be filed by giving notice according to general termination periods (6-month periods), provided that 10 years have passed since the beginning.

Question 9: How long does an eviction case for a tenant of 10 years last on average?

Reply: Depending on the workload of the Çağlayan, Kartal and Bakırköy courthouses in Istanbul, eviction cases where a proper notice has been issued and the mediation phase has been completed are concluded in the first instance court within 6 months to 1 year.

Question 10: What happens if the termination notice does not reach the tenant 3 months in advance?

Reply: The notice must be notified to the tenant at least 3 months before the start of the new rental period. If it is notified even 1 day late, the notice will be invalid, the rental agreement will automatically be extended for another year, and the property owner will have to wait for the next year to file an eviction lawsuit.

Question 11: What happens if the tenant does not vacate the house after the eviction case is won?

Reply: With the final release decision received from the court, enforcement proceedings with a writ are initiated within the authorized Enforcement Directorate. The enforcement office gives the tenant a legal period to vacate the house, and if the evacuation does not occur, the actual evacuation process is carried out accompanied by a locksmith and law enforcement officers.

Question 12: Should the tenant continue to pay rent while the eviction case is ongoing?

Reply: Yes. Filing a lawsuit does not eliminate the tenant's rent payment obligation. The tenant is obliged to continue paying the current rent in the contract until he actually vacates the property and duly returns the key (preferably with a notary determination).

In rental law, the process of unjustified eviction of long-term tenants; It is an infallible field of expertise that is not just about counting calendar pages, but also requires determining the legal nature of the contract, calculating the notice periods to the millimeter, and correctly structuring the mediation phase. A single word mistake in the notary notice or miscalculation of the notification date causes property owners to lose their authority to dispose of their properties for at least one more year and suffer serious rental income losses. Attorney Mehmet Emin Kurşun Law Firm; It manages all processes, starting from the technical analysis of rental agreements to the preparation of notices, management of mediation meetings in Çağlayan, Kartal and Bakırköy courthouses and follow-up of eviction cases to be filed before the Civil Courts of Peace, with a professional, meticulous and completely result-oriented strategy that will secure the property rights of its clients in the fastest and safest way.