Termination of Lease Agreements and Eviction Cases

Introduction

The termination of the rental relationship and the eviction of the tenant have serious legal consequences for both the landlord and the tenant. These cases, which frequently arise in İzmir, vary in procedures and timelines according to the reason for termination. Below is a detailed, step-by-step roadmap regarding the İzmir eviction lawsuit and İzmir lease termination process, including timelines, cost estimates, and practical application notes.

Issue: When and How Can Eviction Be Requested?

Termination of the lease agreement and eviction requests are based on different legal grounds such as the tenant's non-payment of rent, two justified warnings, breach of eviction commitment, the landlord's need, or the lease becoming unbearable (important reason). These differences determine the applicable procedure (whether through enforcement proceedings or direct litigation) and the timelines to be followed.

Basic Legal Framework

Turkish Code of Obligations No. 6098 (TCO) contains the main regulations regarding the termination of the rental relationship and eviction. The procedures and timelines to be followed according to the provisions of the TCO are defined; you can review the official text of the TCO at the TCO (Mevzuat.gov.tr) page.
In special circumstances, decisions of the Constitutional Court and Supreme Court precedents may affect the application (for example, Constitutional Court Decision 2016/151).

Procedures According to Legal Grounds (Step by Step)

1. Non-Payment of Rent - Default (Enforcement Proceeding)

Default occurs when the tenant fails to pay rent or ancillary costs according to TCO Art. 315; the landlord must send a written notice.
After the notice, an enforcement proceeding is initiated. The tenant has 7 days to object after notification.
If there is no objection or if payment is not made despite the objection, eviction is requested through the enforcement office; if necessary, the process moves to court.
Evictions conducted through enforcement and bankruptcy are subject to specific rules regarding procedures and timelines; in İzmir, the relevant enforcement office primarily handles receivables.

2. Two Justified Warnings

If two written justified notices are made within one rental year in cases of non-payment, the landlord may file a lawsuit according to TCO provisions (TCO Art. 352).
If there are two justified notices within one rental year, the lawsuit must be filed in the Peace Court within 1 month following the end of that rental year.

3. Eviction Commitment

If the tenant has provided a written eviction commitment, enforcement proceedings or a lawsuit must be initiated within 1 month from the date of the commitment (TCO Art. 352/3).
If this period is exceeded, the right to terminate through commitment may weaken; written evidence is important in practice.

4. Eviction Due to Need

Regulation regarding the housing needs of the landlord's spouse, descendants, or individuals with a maintenance obligation: TCO Art. 350.
In fixed-term contracts, a lawsuit should generally be filed within 1 month after the expiration of the term. In indefinite contracts, the termination notice periods stipulated in the TCO (e.g. 3–6 months) should be adhered to.
The claim of need must be supported by concrete documents; otherwise, the court may reject the requests.

5. Termination for Important Reason

In cases where the tenant's conduct becomes unbearable, such as disturbing neighbors or using the premises for unintended purposes, the provisions of TCO Art. 331 are applied.
Written termination notification and court proceedings are necessary; the tenant may file a counter lawsuit, and the court will decide based on the evidence.

Competent and Responsible Court

As a general rule, the competent court for eviction cases is the Peace Court at the defendant's residential address. The court located at the property is not generally competent; it is essential to accurately determine the defendant's residence address before filing a lawsuit in İzmir.

Timelines and Statutory Time Limits (Summary)

Enforcement objection period: 7 days from notification.
Payment period after objection: 30 days (may vary according to the procedure).
Eviction commitment: Enforcement/lawsuit within 1 month.
Two justified warnings: Lawsuit within 1 month from the end of the rental year.
Fixed-term termination notice: Notification 15 days before the end of the term (within the framework of TCO Art. 347).
General statute of limitations (rent receivable): 5 years (TCO Art. 146).

Practical Steps and Evidence List Specific to İzmir

Practical checklist for landlords initiating an eviction lawsuit in İzmir:

Originals or notarized copies of written notices and notification documents.
Records of rent payments (bank transfer receipts, vouchers).
Statements from witnesses regarding the tenant's negative behaviors, minutes, or neighbor complaints.
Written document if there is an eviction commitment.
Population registry copies, documents showing family ties, or reports of housing needs for the claim of need.

Cost and Fee Estimates (2024–2025 Projections)

Litigation fee: Approximately 1,500–3,000 TL (proportional fee, varies based on rental amount).
Enforcement proceeding fee: Approximately 500–1,500 TL.
Attorney fee: Generally ranges from 10,000–25,000 TL (depends on minimum tariff and the value of the case).
Legal costs (expert, on-site visit, etc.): 2,000–5,000 TL.
Total (average): For a simple eviction case, the range of 15,000–35,000 TL can be projected.

These figures are estimates; for accurate information and up-to-date fee calculations, official sources and UYAP fee calculation tools should be consulted.

Supreme Court and Practice Notes

Supreme Court precedents guide the application on matters such as tying two justified warnings to the end of the rental year and the requirement of written evidence in eviction commitments.
Eviction requests through enforcement are common in İzmir practice; if the claim of need is not supported by concrete documents, courts may reject requests.
Since judicial decisions may vary based on the specific facts of the case, precedent decisions may not be binding; an evaluation of the specific file is necessary.

Korkmaz Law Office's Approach

Process management and evidence preparation have a direct impact on the outcome of such cases. Korkmaz Law Office provides the following services in eviction cases in İzmir:

Determining case-based legal strategy (identifying preference for enforcement vs. lawsuit).
Proper drafting and notification of written notices, commitments, and other documents in accordance with the law.
Effective defense/lawsuit monitoring and management of expert requests during the court process.
Preparation of necessary documents and witnesses for claims of need and important reason.

Professional support helps you avoid procedural errors and may be decisive in protecting your right to eviction.

Conclusion

Termination of lease agreements and eviction lawsuits involve different procedures and timelines based on their grounds. Before filing a lawsuit in İzmir, it is vital to determine which legal path to take (enforcement or a lawsuit in the Peace Court) and to comprehensively gather the necessary evidence. TCO provisions and relevant court precedents must be applied carefully; otherwise, there may be a loss of rights or delays.

Sources

Turkish Code of Obligations No. 6098 (TCO) - TCO (Mevzuat.gov.tr)
Decision of the Constitutional Court (2016/151) - summary and text of the decision

Disclaimer: This article is for general informational purposes and does not replace direct legal advice for your specific case. Legislation and judicial practices may change over time; check current official sources and seek professional support for a legal evaluation specific to your case.