If a tenant has received two written notices within the same rental year for failing to pay the rent for two different months on time, the landlord may file an eviction lawsuit at the end of that rental year. The tenant paying the arrears after receiving the notices does not remove this right.
This note summarises the eviction lawsuit based on two justified notices under Article 352/2 of the Turkish Code of Obligations (TBK) for residential and roofed commercial leases. If your rental dispute concerns a different situation, you can browse our Legal Articles or contact us directly.
Legal Basis: TBK Art. 352/2
Under Article 352/2 of the Turkish Code of Obligations, which applies to residential and roofed commercial leases, if the tenant has caused the landlord to serve two justified written notices within one rental year for non-payment of rent, the landlord may terminate the lease by filing a lawsuit.
Conditions of a Justified Notice
- Written notice: The law requires the notice to be in writing as a condition of validity. A written notice served through a notary public, or a payment order with an eviction warning served in enforcement proceedings, are the preferred methods because they make proof easier.
- Rent due and unpaid at the time of notice: The rent must be due and unpaid when the notice is served. Payment after service does not make the notice unjustified; payment before service, however, means the notice is not justified.
- Two notices for different months: One of the key conditions is that the notices relate to unpaid rent for two different months within the same rental year. Some landlords try to split accumulated arrears into two separate notices; the Turkish Court of Cassation (Yargıtay) does not accept this as two justified notices. The second notice must relate to rent for a month that fell due after the first notice and remained unpaid.
- Same rental year: Both notices must fall within the same rental year. The rental year is not the calendar year but the one-year period running from the start date of the lease.
According to the case law of the Court of Cassation, where the lease provides for annual rent payment, an eviction lawsuit based on two justified notices is not possible. As the wording of the law makes clear, the debt subject to the two justified notices is the rent.
Deadline, Court and Mediation
The lawsuit must be filed within one month from the end of the rental year in which the notices were served. This is a preclusive (hak düşürücü) period; if it is missed, eviction can no longer be sought on the basis of that year’s notices. Before filing, the landlord must apply for mandatory mediation, which is a procedural prerequisite. The one-month period is suspended during mediation; nevertheless, applying at the start of the period is the safest approach. If no agreement is reached in mediation, the eviction lawsuit is filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi).
Note for Landlords Living Abroad
If you live in Germany or another country, your lawyer in Turkey can handle the notice, mediation and court proceedings on your behalf under a power of attorney issued at a Turkish consulate, without you having to travel. Start the power-of-attorney process immediately after the second notice is served, so that the one-month period does not expire while consular formalities are pending.
Conclusion
Eviction based on two justified notices gives the landlord a strong remedy; however, the outcome depends on the content of the notices, the dates of service and the correct calculation of deadlines. For a general overview of rental disputes, see our rental disputes guide.
This note is for general information only and does not constitute legal advice. Please contact us regarding your specific situation.
