For landlords who must manage a property in Turkey from Germany, an unreliable rental income stream can become a serious financial and administrative problem. Under Turkish law, eviction for non-payment of rent is available where a tenant in a residential or commercial (roofed workplace) lease falls into default: Article 315 of the Turkish Code of Obligations (TBK) allows the landlord to terminate the lease through a written notice and pursue eviction. This article explains how this route works and what to watch for regarding the requirements of the notice.
What Is Tenant Default?
Under TBK Article 315, a tenant is considered in default if they fail to pay the rent — or any ancillary charges owed — once it falls due after delivery of the leased property. Default (a delay in paying a debt) can arise from even a single missed payment; the law does not require the landlord to wait, and allows the landlord to proceed directly with the legal process.
However, default alone does not automatically create a right to evict. The landlord must send the tenant a properly executed written notice and grant the period prescribed by law.
Requirements of the Written Notice
The landlord sends the tenant a notice either through a notary or in writing (delivered against signature). The notice must fully state the following:
- The amount and period of the unpaid rent (and any ancillary charges)
- A minimum 30-day payment period granted to the residential/commercial tenant
- A warning that the lease will be terminated if payment is not made by the end of that period
If the notice omits any of these elements, it risks being deemed invalid in a later eviction lawsuit — so it is advisable to have the notice carefully drafted by a lawyer experienced in rental law.
It is worth emphasizing that under TBK Article 315, the period granted to a residential or commercial tenant must be at least thirty days. This period begins running the day after the notice is delivered to the tenant. Granting less than thirty days invalidates the notice and the termination right based on it — so correctly establishing the delivery date and granting the full thirty-day minimum period is critical.
Must the Duty to Pay Ancillary Charges Be Separately Set Out in the Lease?
TBK Article 315 splits the debt that can be the basis of a notice into “rent” or “ancillary charges” — but the two are not subject to identical requirements. Usage charges such as heating, lighting, and water are, under TBK Article 341, owed by the tenant as a default rule even if the lease says nothing about them; a notice under Article 315 can therefore be based on these charges regardless. Shared building costs such as site/building maintenance fees (aidat), however, are subject to a different regime: under the Condominium Ownership Law, the primary party responsible for such costs is the owner, so passing this burden onto the tenant requires an explicit clause in the lease. If the lease is silent on this point, the tenant has no obligation to pay the maintenance fee, and a notice built on that item — along with any eviction claim based on it — will be deemed invalid. This is exactly why having the lease drafted by a rental-law specialist from the outset matters. You can read our article on Key Points to Consider When Drafting a Lease Agreement. For this reason, before preparing a notice, it is essential to clarify the source of the ancillary charge relied upon — whether it arises from law or from a lease provision.
Termination and Eviction Lawsuit After the Period Expires
If the tenant fails to pay the debt (rent and any ancillary charges) in full within the thirty-day period granted, the landlord may terminate the lease on the basis of that notice and file an eviction lawsuit before the competent civil court (Sulh Hukuk Mahkemesi). If the tenant pays within the period, the default is cured and the termination right based on that notice can no longer be exercised — a new notice process would need to be carried out for any subsequent default.
During the lawsuit, the court examines whether the notice was properly drafted, the delivery date, whether the period granted was sufficient, and whether the tenant paid within that period. For this reason, it is critical that the notice and delivery process be carried out, from the outset, in a way that can be evidenced.
Conclusion
Eviction for non-payment of rent in residential and commercial (roofed workplace) leases is subject to specific formal and time requirements under TBK Article 315; failing to meet these requirements can mean starting the whole process over. This is especially important for landlords living in Germany who manage their Turkish property remotely — the notice and delivery process must be carried out correctly. At MK Legal Consultancy, we provide advice at every stage of rent collection and eviction proceedings, from preparing the notice through to the conclusion of the eviction lawsuit.
