Tenancy Law · Real Estate Law
A landlord who genuinely needs a residential or business property for themselves or certain family members may seek eviction through court under Article 350 of the Turkish Code of Obligations (TCO). Article 351 sets out an additional route for a new owner. The need must be genuine, sincere and necessary and continue throughout the proceedings. Mediation is generally a precondition to proceedings.
1. Whose need qualifies?
Article 350 covers the landlord, spouse, descendants, ascendants and other people whom the landlord is legally obliged to support. A sibling or another relative does not qualify merely because of the relationship; whether a statutory support obligation exists must be assessed in the circumstances, including Civil Code Article 364 where relevant.
2. Existing landlord and new owner
For a fixed-term lease, the existing landlord may bring the need-based action within one month after the term ends. For an indefinite lease, the relevant date depends on the applicable termination period and notice rules. A written notice of intention to sue delivered no later than the filing deadline extends the filing period by one rental year (TCO Article 353).
A new owner may notify the tenant in writing within one month of acquisition and bring an action six months after acquisition under Article 351. Alternatively, the owner may bring an action within one month after the lease term ends. Notification and service must be established carefully.
For residential and roofed workplace leases, expiry of a fixed term alone does not normally permit the landlord to terminate. Unless the tenant gives the required notice at least 15 days before expiry, the lease is renewed for one year on the same terms, subject to the statutory rules.
3. Calculating the deadline
The Court of Cassation treats the filing period as a matter of public policy, examined by the court even without an objection. A prematurely filed action may also be dismissed. The contract, rental-year dates and content and service of notices determine the calculation. For a one-year lease commencing on 1 September, the relevant period is assessed from the end of the applicable rental year; written notice may extend it.
4. Mediation and time limits
Under Law No. 6325, Article 18/B, mediation is generally a condition before filing a rental dispute, except for the specified non-judgment enforcement eviction procedure. In its decision of 26 May 2025, E. 2025/1495, K. 2025/3048, the Court of Cassation’s 3rd Civil Chamber held that, for need-based eviction actions under TCO Article 350, mandatory mediation must be initiated after the right to sue arises, within the filing period. An earlier application does not satisfy that condition under the decision. The court’s ruling concerns the Article 350 procedure; the timing of other routes should be assessed separately.
During the period from application to the mediation office until the final record is issued, limitation is suspended and forfeiture periods do not run (Law No. 6325, Article 18/A). After mediation ends, the remaining period must be checked.
5. Genuine, sincere and necessary need
The need must be real, sincere and necessary, not temporary or dependent on a distant uncertain event, and must persist during the proceedings. Another available home or workplace is considered in light of its suitability. In the 3rd Civil Chamber’s decision of 8 January 2025, E. 2024/1007, K. 2025/97, the dispute concerned a workplace: the court considered a tenant-owner’s eviction threat or whether the requested premises were superior or at least equivalent to the current workplace. The concrete facts and type of premises matter.
6. Evidence
- Current lease or notice to vacate for the person needing the property;
- Documents concerning marriage, employment, transfer, education or health;
- Population and residence records, notices and proof of service;
- Final mediation record, witnesses and, where appropriate, inspection or expert evidence.
7. Judgment and actual eviction
An eviction judgment does not mean the tenant must physically leave on the day it is given. If there is no voluntary departure, enforcement takes place through the enforcement office. Appeals, finality and any stay of enforcement may affect timing, so no fixed duration can be promised.
8. Reletting restriction and compensation
Where the landlord secures vacation for personal need, Article 355 generally prohibits reletting to someone other than the former tenant for three years without justified cause. Breach can result in compensation of at least one year’s rent paid in the final rental year. A voluntary departure following a notice should not automatically be treated as equivalent to an eviction by judgment or enforcement; the reason for departure and the facts must be examined.
9. Hypothetical examples
A landlord needs a flat for their mother, who must leave her rented home. After the applicable lease period ends, the landlord applies for mediation and, if no agreement is reached, files within the remaining time. The court assesses the mother’s position and the continuing need.
A buyer serves written notice of need within a month of acquisition and may use the Article 351 route after six months. The timing of mediation under this route requires separate assessment. These examples are illustrative; outcomes depend on the facts.
10. Frequently asked questions
Can I rely on my sibling’s need?
Kinship alone is insufficient; a legal support obligation must be assessed.
When should I seek mediation?
For Article 350 need-based actions, the 2025 Court of Cassation decision requires application after the right to sue arises and within the filing period.
Does mediation consume the filing period?
The applicable forfeiture period does not run from the office application until the final record.
How long does an action take?
There is no fixed duration; evidence, inspections and appeals affect timing.
Can the property be relet?
The three-year restriction and any justified reason must be assessed under Article 355.
11. Sources
- Turkish Code of Obligations, Articles 347, 350, 351, 353 and 355
- Law No. 6325, Articles 18/A and 18/B
- Turkish Civil Code, Article 364
- 3rd Civil Chamber, 26 May 2025, E. 2025/1495, K. 2025/3048; 8 January 2025, E. 2024/1007, K. 2025/97. Search by citation at Court of Cassation decision search.
General information about Turkish law; it does not replace an assessment of an individual case.