How Long Does an Eviction Case Take?

Disputes in rental relations are both a serious financial loss and a great wear and tear for property owners. It becomes inevitable to take legal action against tenants who do not pay their rent, do not comply with their eviction commitments, or do not vacate the house despite the landlord's personal need to use it. At this point, there is only one question that bothers every homeowner's mind: "How long does a tenant eviction case take and how can this process be completed quickly?"

In rental law, deadlines depend on millimetric rules, just like the gears of a clock. Every step, from the mandatory applications that must be made before the case is filed, to the notification stages, from court congestion to the execution stage where the decision will be actually implemented, directly affects the calendar of the case. In this article, we examine the legal calendar faced by property owners, the hidden obstacles that extend the deadlines, and the strategic legal moves that will shorten the process by half.

1. Race Against Time: How Long Does It Take for Which Evacuation Reason to Result?

The most fundamental factor that determines how long an eviction case will take is the justification for eviction submitted to the court. The means of proof, number of hearings and investigation procedures for each justification are different.

In the table below, we summarize the reasons for eviction frequently filed by property owners and the average completion time of these cases:

Why Does Evacuation Case Take Longer Due to Necessity?

One of the questions that homeowners are most curious about is: "I am the landlord, how long does it take to evict the tenant by saying I will live on my own?" is the question. Need-based eviction cases are often among the longest-running rental cases. Because, in accordance with the current Supreme Court decisions dated 2026, the court must investigate whether the claimed need is "real, sincere and mandatory". In this process, the population records of the parties are summoned, land registry records are examined, witnesses are heard and expert examination is carried out. The collection and evaluation of all this evidence causes the case to last at least 3 to 5 hearings and the calendar to be spread over 9 to 18 months. At this point, it is vital to work with an Istanbul Rental Lawyer based on your residence who is an expert in his field and has knowledge of Rental Law.

2. First Step: How Does the Mandatory Mediation Process Affect the Duration?

In our legal system September 1, 2023 Applying to mediation in all cases arising from rental disputes as of the date compulsory litigation requirement has been made. Cases filed directly to the Civil Court of Peace without resorting to a mediator are rejected on the grounds of "lack of a lawsuit requirement" without any review by the court.

• Mediation Calendar: After the application is made, the mediator will resolve the dispute 3 weeks is obliged to finalize it within. In cases of necessity, this period is maximum 1 week can be extended further.
• Fastest Solution: If the parties reach an agreement at the mediation table, the process is resolved within an average of 20-30 days without going to court. The signed agreement document is in the nature of a court decision (judgment), and if the tenant does not leave on the promised day, eviction can be carried out directly through enforcement. However, if the parties cannot reach an agreement, the right to file a lawsuit arises with the "Final Dispute Report" prepared.

3. From Petitions to Decision: Step by Step Litigation Stages

After the lawsuit is filed, the trial process goes through certain stages and is finalized. The mathematical formula that determines the total length of the process is as follows:

A. Exchange of Petitions (2 - 4 Months)

After the petition is submitted to the court, the petition is notified to the defendant tenant. From the notification of the tenant 2 weeks has the right to submit a response petition. In metropolises such as Istanbul, even this initial phase may take up to 3-4 months due to the time it takes for notifications to reach the address and the parties' legal requests for additional time.

B. Preliminary Examination and Investigation (6 - 14 Months)

After the petitions are completed, the court sets a "Preliminary Review Hearing" date. At this stage, the issues on which the parties agree and disagree are determined, and precise deadlines are given for the presentation of evidence. Then, the "Investigation" phase begins, witnesses are heard, and official correspondence from the relevant institutions (land registry, civil registry, municipality) is summoned.

In particular, discovery, preparation of the expert report and evaluation of objections to this report should be included in the calendar of the case at least. 3 to 5 months imposes additional burden.

4. How Does Istanbul's Courthouse Density Change the Case Duration?

How long a case will last is directly related to the caseload of the courthouse and court where the case is filed. The explosion in the number of rental disputes throughout Istanbul has increased the workload on the Civil Courts of Peace to an extraordinary level.

• Çağlayan (Istanbul Courthouse): It deals with disputes in central areas such as Şişli, Beşiktaş and Kağıthane, where rental prices are very high. Due to the intensity of the courts, it can sometimes take up to 4-6 months to even get a preliminary examination hearing date.
• Bakırköy Courthouse (and Büyükçekmece/Esenyurt Cases): Eviction cases in regions with the highest housing circulation and population density, such as Esenyurt, Beylikdüzü and Avcılar, are heard in the courts in this region. The large number of files causes hearing intervals to be long, such as 3 to 4 months.
• Kartal (Istanbul Anatolian Courthouse): The pressure on the Civil Courts of Peace is at a similar level in Kartal Courthouse, which overlooks districts where disputes are intense, such as Kadıköy, Ataşehir and Ümraniye.

In this busy environment, having an expert lawyer personally carry out the notification follow-up processes, ensuring that the warrants are written on time and followed up through UYAP prevents the case from being dragged out and shortens the time by half.

5. How to Overturn the Tenant's "Appeal" Game? (Delayed Execution Trap)

The most common misconception that homeowners make is this: "I received an eviction decision from the court, but the tenant says he will appeal. Can't I evict the tenant until the appeal decision comes?"

Legal Fact: In order for the decisions made in eviction cases to be implemented (enforced), the decision must be It is not necessary to finalize. In other words, from the moment the local court issues an eviction decision, the landlord can immediately initiate eviction proceedings by going to the enforcement office, even if the tenant applies to the Regional Court of Justice (appeal) against the decision.

The Only Way a Tenant Can Stop the Eviction:

If the tenant wants to stop the eviction during the appeal process, Enforcement and Bankruptcy Law (EIB) art. To request time from the enforcement office in accordance with Article 36 and to obtain a request from the Regional Court of Justice. "Tehir-i Executive" (Stay of Execution) must make the decision. In order to make this decision, the tenant must:

1. From the notification of the evacuation order 7 days to apply to the enforcement office within
2. Exactly 3 months' rent It is a legal obligation to deposit it at the cashier's office of the enforcement office as cash collateral or in the form of a definitive bank guarantee letter.

If the tenant does not have the financial means to pay this 3-month security deposit or misses the legal 7-day application period, the landlord can have the tenant evicted from the property immediately, without waiting for the result of the examination of the court of appeal (legal chambers of the Istanbul Regional Court of Justice), which will take 1 - 1.5 years.

6. Critical Stage After the Decision Is Made: Forced Execution (Actual Evacuation) Procedure

If the tenant does not vacate the house with his/her consent after the court decides to evacuate, the landlord's attempt to evict the tenant with his/her own means (changing the lock, throwing the belongings on the street, etc.) constitutes "violation of residential immunity" and "violation of rights" crimes. The process must be done through state power, that is, Forced Execution It should be carried out through.

• Notification of Evacuation Order: After the reasoned decision is written, an "Evacuation Order" is sent to the tenant through the Enforcement Directorate. With this order, the tenant is ordered to vacate the house. 7 days time is given.
• Actual Unloading Day: If the property is not evacuated within the legal period of 7 days, the landlord's lawyer, bailiff, locksmith, law enforcement officers (police or gendarmerie) and a transport vehicle go to the door on the appointed day. The lock is opened by a locksmith, the items in the house are recorded and packaged one by one, and the tenant pays the expenses later. to the trustee's warehouse is removed. By changing the lock on the door, the property is officially handed over to the property owner. This actual coordination phase is on average 15 to 30 days It lasts between .

7. 5 Critical Procedural Errors That Delay an Eviction Case the Most

The biggest reason why eviction cases take much longer than expected or are even rejected is technical mistakes made by property owners. Avoiding these mistakes directly determines the speed of the case:

1. Missing Mandatory Notice Periods: For example; Exceeding the 1-month notice period required by law for a newly purchased property will result in the rejection of the case.
2. Skipping Mediation: Applying directly to the court and wasting months due to lack of legal requirements.
3. Filing a Lawsuit in a Court Without Jurisdiction: Filing the case in the wrong district or Civil Court of First Instance instead of the Civil Court of Peace where the real estate is located will cause the court to decide on lack of jurisdiction/jurisdiction and the file to be lost for at least 3-4 months during the transfer process.
4. Forgetting the 1-Month Limitation Period in the Evacuation Commitment: If enforcement proceedings are not initiated or a lawsuit is not filed within 1 month from the date of the commitment, that commitment completely loses its validity.
5. Not Following Notifications: If the tenant cannot be found at the address, failure to actively follow up the delivery of the notification to the headman (Article 21 of the Notification Law) by the lawyer through UYAP causes even the first hearing of the case to be postponed for months.

As Attorney Mehmet Emin Kurşun Law Firm Evacuation cases are a serious financial loss for property owners, which means accumulated rent loss, unpaid bills and restriction of the authority to dispose of the property. Resolution of rent disputes; Beyond pursuing an ordinary case in the corridors of the courthouse, it is a high-level court system that requires the establishment of the right strategy at the mediation table, error-free management of notice periods, millimetric follow-up of notifications, and most importantly, the elimination of "Tehir-i Executive" (stopping the execution of the eviction) tactics that the tenant will use to prolong the process. It is a process focused on reflexes and tactical speed. Attorney Mehmet Emin Kurşun Law Firm; With its deep-rooted experience in real estate and rental law, with full command of the local application dynamics of Çağlayan, Kartal and Bakırköy courthouses, it is a professional, dynamic and completely result-oriented litigation attorney and consultancy service that will finalize the eviction processes of property owners in the fastest, legally safest and least costly manner. offers.