Eviction of a Tenant After 5 Years 2026

Is the Tenant's 5-Year Period an Independent Reason for Eviction?

Short answer: No. Under the Turkish Code of Obligations (TCO), a tenant "completing 5 years" does not, by itself, constitute a reason for eviction. For eviction, legal grounds such as necessity, repair, non-payment of rent as stated in the TCO are required.

Why is 5 years often discussed?

In practice, a tenant's long-term occupation creates a concern for the property owner; however, the legal provisions do not directly consider this duration as a reason for eviction. The TCO contains provisions regulating certain durations; for example, the notice period for termination in indefinite contracts is 6 months (TCO Art. 327), while in fixed-term contracts, it is at least 3 months (TCO Art. 347). Conversely, the provision regarding the landlord's ability to terminate with a 3-month notice after a 10-year extension is included in the TCO; not 5 years, but 10 years is important.

In what cases is eviction possible under the law? (Summary)

• Eviction due to necessity (TCO Art. 350): The landlord must demonstrate a genuine and honest necessity for themselves, their spouse, descendants, ancestors, or persons for whom they are responsible.
• New owner's necessity (TCO Art. 351): The new owner who purchases the rented property must file a lawsuit within 1 month from the date of purchase.
• Reconstruction or substantial repair (TCO Art. 352): If the work to be carried out makes it impossible for the tenant to use the property, eviction is possible.
• Tenant having another suitable residence (TCO Art. 353): A lawsuit can be filed as long as the landlord is unaware of this within the same district/locality.
• Non-payment of rent or violation of the contract's purpose (TCO Art. 354): Eviction can be pursued through enforcement proceedings following two justified notices and continued non-payment.
• Eviction undertaking (TCO Art. 352/2): Eviction can be arranged through the tenant's written commitment.
• Prohibition of re-renting (TCO Art. 355): There is a prohibition on re-renting to the same individuals for three years following eviction due to necessity; otherwise, compensation is incurred.

Step-by-step eviction process

1. Preliminary preparation and notice

Generally, the first step before pursuing eviction is to send a written notice via notary. The notice period for fixed-term contracts is at least 3 months; for indefinite contracts, it is 6 months (TCO Art. 327 and Art. 347).

2. Enforcement proceedings (if the rent is unpaid)

If rent is unpaid, enforcement proceedings can be initiated (governed by the Enforcement and Bankruptcy Law). If the debt is not paid despite notices and payment orders, eviction is achieved through enforcement. In case of objection, the process may be prolonged, and a negative declaratory action may be required.

3. Eviction lawsuit at the Magistrate Court

Requests for eviction due to necessity, repair, etc., are filed at the Magistrate Court. An important point is that some claims for necessity must be initiated within 1 month after the rental period ends (e.g., necessity for the landlord or their relatives; TCO Art. 350).

4. Evidence collection

Evidence is critically important for the court's decision. In necessity claims, documents such as title deeds, population records, and family structure documents should be requested; in repair claims, technical reports and inspections should be sought. The Court of Cassation seeks genuineness and concrete evidence in necessity claims.

5. Judgment and implementation

If the court rules in favor, the eviction decision is enforced through the enforcement office and generally with police assistance. After the decision, appeals and reviews are available; this process can take a total of 1–3 years.

Periods and statutes of limitations (summary)

• Termination notices: Fixed-term: 3 months; indefinite: 6 months.
• Time limits for filing necessity lawsuits: 1 month from the end of the lease; 1 month from the date of purchase for the new owner.
• 10-year extension: After 10 years, the landlord can terminate with a 3-month notice.
• Statute of limitations for rent receivables: 5 years (TCO Art. 146).
• Litigation durations: First instance usually 6–12 months, appeal ~6 months, Court of Cassation review 1–2 years; the entire process may take 2–3 years.

Cost estimate (2026 update, approximate)

• Notary notice: 1,200 – 2,500 TL
• Eviction lawsuit fee: 3,500 – 7,000 TL (proportional fee; varies based on rent amount)
• Rent determination lawsuit fee: 4,500 – 9,000 TL
• Enforcement proceeding costs: 700 – 1,500 TL
• Lawyer's fee: 25,000 – 70,000 TL (varies depending on the value of the case and complexity)
• Expert, inspection, and trial costs: 5,000 – 12,000 TL
• Forced eviction implementation costs: 2,500 – 5,000 TL
• Total (example range): 30,000 – 100,000 TL

Official rates are applied for calculating fees and annual updates. It is recommended to consult the relevant legal texts and the fees regulation for official documents and fee rates: Full text of the Turkish Code of Obligations (TCO) and Fees Regulation.

Common mistakes in practice

• Considering the 5-year period as a standalone reason for eviction.
• Filing a lawsuit directly without sending a notice; in some cases, alternative resolutions may be more effective.
• Failing to present concrete evidence in necessity claims; abstract statements being deemed insufficient by the court.
• New owner missing the purchase date; TCO time limits are short and require diligence.

How do we assist as Korkmaz Law Office?

Korkmaz Law Office has many years of practical experience in real estate and rental law based in İzmir. The services we provide during this process include:

• Legal assessment of the grounds for claims (necessity, repair, eviction undertaking, etc.) and evidence planning.
• Preparation of the notary notice and proper delivery.
• Execution of enforcement proceedings, eviction, and rent receivable processes.
• Litigation follow-up at the Magistrate Court, expert coordination, and management of enforcement proceedings following the decision.
• Market research, determination of precedents, and fee strategy formulation in rent determination lawsuits.

Every case has different conditions; therefore, we determine the legal strategy according to the documents of the specific event and the situation of the parties. Expert evaluation helps minimize the duration and cost of the process.

Conclusion – Summary roadmap

• 5 years alone is not a reason for eviction.
• Existence of legal grounds listed in the TCO for eviction and concrete evidence regarding these is required.
• To avoid procedural errors, care must be taken to adhere strictly to notice, lawsuit deadlines, and evidence collection steps.
• Costs and durations vary significantly based on the nature of the case; predictions clarify after document and contract analysis.

Warning / Disclaimer: This article is intended for general informational purposes and does not replace individual legal advice. Relevant legal texts, court decisions, and official regulations should be followed. We recommend obtaining professional legal support for evaluations and actions specific to your case.