How to File an Eviction Lawsuit with Two Valid Notices in the Same Rental Year?

Practical Guide for Landlords: Eviction Process with Two Valid Notices within the Same Rental Year

Eviction with two valid notices within the same rental year is a powerful legal mechanism that allows the landlord to request eviction by terminating the lease agreement at the end of the rental year. However, to exercise this right, adherence to the procedures and timeframes stipulated by law is essential. Below, you will find a step-by-step guide on the conditions that must be met, how to establish a system of evidence, and important points in practice.

What is the issue? Under what circumstances is this path pursued?

When the tenant fails to pay the rent on time, they fall into default under the provisions of the Turkish Code of Obligations (TBK). If the tenant is justifiably notified of default twice at different times within the same rental year, the landlord may terminate the contract at the end of the rental period and file for eviction. The main sources of this right and related regulations are as follows:

• Turkish Code of Obligations (TBK) m.352/2 — Contains the provision that two valid notices within the same rental year shall give rise to the right of eviction. For detailed legal text, you can review the full text of TBK.
• TBK m.315 — The results of tenant's default (interest, right to eviction, etc.).
• TBK m.353 — Regulates that the eviction case must be filed within 1 month following the expiration of the rental period.
• Enforcement and Bankruptcy Law (İİK) provisions — Payment orders issued through enforcement proceedings can substitute for valid notices; also, due to the amendment of Law No. 7445, mediation application has become mandatory before eviction cases.

What conditions must be met together? (Summary)

• There must be two separate default periods within the same rental year.
• A valid notice must be made to the tenant for each default (notary, registered return-receipt letter, enforcement payment order, etc.).
• The notices must be proved to have been delivered, and the dates of delivery must be clearly verifiable.
• An eviction case must be filed within 1 month after the rental year/agreement period ends.
• The obligation to apply for mediation before the dispute is brought to court must be fulfilled.

Step-by-step process: Which actions are taken with which documents?

• 1. Establishing default: When the rent is not paid on time, the existence of the claim and the due dates are determined with definitive records (bank statement, account summary).
• 2. Delivery of the first valid notice: A written notice is sent in a detailed manner for the rent (for example, January rent debt separately, March rent debt separately). It is crucial to prove the delivery of the notice (notary, registered return receipt, and if possible, e-notification or enforcement payment order).
• 3. Delivery of the second valid notice: A new notice is given for a separate default within the same rental year. The proof of delivery and timing for the second notice must also be established.
• 4. Application for mediation: As of 01.09.2023, it is mandatory to apply to a mediator before eviction lawsuits. If no agreement is reached in mediation, a report is taken; this report is submitted as an attachment to the lawsuit petition.
• 5. Filing the eviction case: An eviction case is filed in the Peace Court within 1 month from the expiration of the rental period. The original or certified copies of the notices, delivery documents, mediation report, and lease agreement are attached to the petition.
• 6. Alternatively, through enforcement: Sending a payment order via enforcement (İİK m.269 and following) can substitute for a valid notice, and the rental debt can be pursued through enforcement. The delivery of the payment order can also be used as evidence of the notice.

Points to pay attention to in terms of evidence and proof

• The date and time of delivery of the notices must be conclusively proven. A notary or registered return receipt document is the strongest evidence.
• It is important whether multiple months were requested in a single notice; combining matured rental debts in a single notice does not count as two notices.
• If a payment order (enforcement) has been used, the delivery document of the payment order substitutes for the notice; in this case, the enforcement case number and delivery documents must be included in the lawsuit file.
• In case of a change of ownership, notifications made by the new owner and subsequent notices are assessed separately.

Deadlines: critical dates and example

The rule of same rental year is crucial. Let’s clarify with an example:

• If the rental year is between 01.05.2019 and 01.05.2020, both notices must fall within this period.
• If the rental period starts on 01.05.2019 and is calculated on an annual basis, the second notice must have been made before 30.04.2020.
• Filing an eviction case within 1 month after the end of the rental period is a time-barrier period; if this period is exceeded, the request for eviction may face legal difficulties.

Costs and fees (warning and guide)

Court fees, attorney fees, mediation fees, and notary expenses affect the case costs. Fees and tariff schedules are periodically updated in the Official Gazette. Therefore, consider the following figures as a guide/example; for definitive and current rates, a consultation of the Ministry of Justice's General Notification on Fees and the Official Gazette is required.

• Court advance fee: calculated based on the value of the case concerning the annual rent; varies according to a proportional rate.
• Mediation fee: varies based on centers and the subject of the lawsuit; there are typical ranges.
• Notary notices and enforcement costs: vary based on the type of delivery (notary, registered return receipt, enforcement payment order).
• Attorney fee: varies based on workload, case value, and the action taken; can be freely agreed upon between the parties or determined according to minimum tariffs.

Note: If you would like up-to-date information on the exact fee rates and fixed charges as of March 11, 2026, Korkmaz Law Office can conduct a review of the relevant legislation and provide precise calculations.

Common mistakes in practice and how to avoid them?

• Making notices cumulative and mature: Writing multiple months in a single notice may violate the two-notice requirement. Ensure that each default is established with a separate notice.
• Weakening the proof of notice delivery: Relying solely on email or oral notification is not enough.
• Not going to mediation: Skipping mediation, although mandatory, can lead to the procedural rejection of the case.
• Submitting incomplete documents in the petition: Notice/payment invitation, delivery documents, lease agreement, and mediation report must all be included.

What support does Korkmaz Law Office provide in rental law disputes?

• Preparation of notice texts in a lawful and evidential manner (notary, registered return receipt, coordination of enforcement payment orders).
• Managing the mediation process and properly arranging the report for the lawsuit.
• Preparation of the eviction lawsuit petition, inclusion of evidence and notifications in the file, and professional monitoring of the lawsuit process.
• As an alternative route, initiation of enforcement proceedings and actions towards the collection of the rental debt.

Korkmaz Law Office, with its expert lawyer team based in Izmir, guides you towards the right steps against legal risks in rental law and eviction lawsuits with its practical experience.

Conclusion and recommendations

While filing for eviction with two valid notices within the same rental year is an effective method, it does not tolerate procedural errors. The delivery of notices, the mandatory fulfillment of mediation, the careful observance of the lawsuit filing period, and the maintenance of strong evidence organization are essential. Professional legal support safeguards against loss of rights and enhances the chances of the case.

Frequently referred resource

You can examine the complete text of the provisions of the TBK for evidence and interpretation from the official source below:

• Turkish Code of Obligations (Full text)

Disclaimer: This text is for informational purposes and does not substitute for specific legal advice. Legislation and fee rates may change periodically; for definitive, up-to-date, and case-specific legal evaluation, we recommend obtaining professional legal support.