KÜHEYLAN HUKUK
Eviction Case Due to Necessity: Conditions, Periods and Rights of the New Owner, Turkish Code of Obligations No. 6098. Eviction Process for Residential and Workplace Rentals within the Scope of 350, 351 and 355 (2026) Updated as of 2026
The lessor may request the leased property back due to the housing or workplace needs of himself, his spouse, his descendants, his superiors or his dependents as required by law. The need must be real, sincere and constant. The lawsuit must be filed within one month from the end of the term in fixed-term contracts, and from the date to be determined in accordance with the termination period and termination notice period in indefinite-term contracts. For the new owner who purchases the real estate later, TBK art. The special procedure in 351 applies. Since September 1, 2023, applying to mediation before these cases is a condition of litigation.
Turkish Code of Obligations adopts a system that protects tenants in residential and roofed workplace rentals. When a fixed-term contract ends, unless the tenant gives notice, the contract is extended for one year with the same conditions, and the lessor cannot terminate the contract based solely on the expiration of the period. For this reason, the lessor's request for eviction must be based on one of the reasons listed in the law. Evacuation due to necessity is the most frequently used method among these reasons.
TBK m. Pursuant to Article 350/1, the lessor may terminate the contract through a lawsuit if he is obliged to use the leased property for himself, his spouse, his descendants, his ancestors or other persons he is obliged to look after by law due to housing or workplace needs. The second paragraph of the same article also considers situations that require major repairs, renovations or repairs for the purpose of reconstruction or reconstruction of the leased property and that it is impossible to use it during these works, as a reason for eviction.
2.1. For whom can the need be asserted?
The persons listed by the law are limited: the lessor himself, his spouse, his children and grandchildren (descendants), his mother, father, grandparents (descendants) and the persons he is obliged to look after by law. This does not include a sibling, nephew or mother-in-law; Unless it is possible to prove that the lessor has a duty of care arising from the law. For legal entity lessors, the need is evaluated not as the personal needs of the company partners, but as the legal entity's own operating needs.
In Supreme Court practice, it is required that the need is not based on assumption, does not remain a possibility that may arise in the future, and exists at the date of the case. The court looks at whether the house the lessor lives in is rented or his own property, change in family structure (marriage, having children, divorce), health status, change of workplace and similar concrete facts. The fact that the lessor has another vacant and suitable real estate in the same city may create a strong presumption that the need is not genuine.
As a rule, it is considered a need for the lessor who is living in a rented house to want to move to his own house. On the other hand, cases that are understood to have been filed solely for the purpose of obtaining higher rents are rejected. During the hearing of the case, witness statements, discovery and documents regarding the lessor's current residence play a decisive role.
The most common loss of rights in an eviction case due to necessity arises from missing the deadline. The law has regulated these periods as restrictive and the court automatically observes them.
fixed term contract Within one month from the end of the contract period. If the lessor has notified the tenant that he will file a lawsuit within this period, the lawsuit can also be filed at the end of the next extension year.
Indefinite term contract Within one month from the date to be determined in accordance with the general provisions, in accordance with the termination period and termination notification period (six-month period ends, three months advance notice).
New owner (TBK article 351) A lawsuit can be filed six months after acquisition, provided that the tenant is notified in writing of the situation within one month from the date of acquisition. If he wishes, he can also file a lawsuit within one month from the end of the fixed-term contract.
Mediation It is a condition of litigation. The time between the application to mediation and the preparation of the final report is not taken into account in the calculation of the limitation period.
Calculation of the contract period is made according to the lease start date. If the start of a one-year contract is March 1, each extension year ends on February 28 of the following year and the lawsuit must be filed between March 1 and March 31. When this date range is exceeded, the lessor has to wait for the next period.
Selling the leased property does not terminate the lease; TBK m. In accordance with Article 310, the new owner automatically becomes a party to the lease agreement as the lessor. However, TBK art. 351 provides the new owner with a special opportunity in case of need. The new owner notifies the tenant in writing about the need within one month of acquiring the real estate and files a lawsuit after six months have passed since the acquisition.
In practice, making a written notification through a notary provides ease of proof. If the notification is not made within a period of one month, the new owner will no longer be able to benefit from this special remedy and will be able to file a lawsuit within one month from the end of the contract period, which is the general rule. According to the established opinion of the Supreme Court, a lawsuit filed before the six-month waiting period expires may result in the detriment of the lessor.
The law, in order to prevent the abuse of the claim of need, TCO art. It provides for a sanction in 355. A residence or workplace that has been evacuated due to necessity cannot be rented to anyone other than the former tenant unless three years have passed without a justified reason. The lessor who acts contrary to this prohibition is obliged to pay compensation to the former tenant, not less than one year's rent paid in the last lease year.
In cases where the real estate is rented to someone else in a short time after the eviction decision, it is possible for the former tenant to claim this compensation. The same sanction is also applied to renting the real estate evacuated for reconstruction and development purposes without carrying out these works.
In accordance with Article 18/B of Law No. 6325, in disputes arising from the rental relationship, it is mandatory to apply to a mediator before filing a lawsuit, except for proceedings carried out in accordance with the provisions of the Execution and Bankruptcy Law. If an agreement is reached during the mediation phase, the final report containing the date of eviction has the force of a document in the nature of a judgment and can be directly enforced.
If an agreement cannot be reached, the case is filed in the Civil Court of Peace where the real estate is located. The trial is subject to simple trial procedure. While investigating the existence of a need, the court may hear witnesses, conduct a survey, and request the lease agreement and title deed records of the house occupied by the lessor. The eviction decision can also be enforced before it becomes final; However, the tenant may appeal and request that the execution be postponed by depositing a security deposit.
A public servant who lives on rent in Ankara and was appointed to Istanbul rented his flat in Kadıköy with a one-year contract starting from June 1, 2022. The appointment letter was notified in March 2026, the lessor applied to mediation in May 2026 and no agreement was reached. The lawsuit was filed on June 20, 2026.
The contract is renewed every year on May 31. Since the time spent in the mediation process is not added to the limitation period, the case is considered to be filed within one month. The appointment letter, the title deed record stating that there is no other residence in Istanbul and the rental agreement in Ankara are concrete evidence showing that the need is real and mandatory. This table forms a strong basis for the acceptance of the evacuation request.
If the tenant has been living there for ten years, can a lawsuit be filed?
Yes. Long-term tenancy does not prevent eviction due to necessity. In addition, when the ten-year extension period for residential and roofed workplace leases expires, the lessor is subject to TBK art. 347, the contract may be terminated without giving any reason, by giving notice at least three months before the end of the extension year.
Is it considered a necessity if the lessor's daughter is getting married?
Marriage of descendants is a reason for necessity accepted in the Supreme Court decisions. However, it must be shown that the marriage was a finalized plan at the time of the case, with evidence such as engagement, wedding date, and hall reservation.
How much time is given to the tenant at the end of the case?
The eviction decision may be enforced before it becomes final. The enforcement office notifies the tenant with an enforcement order and requests to vacate the property within the period specified in the Enforcement and Bankruptcy Law; If not evacuated, evacuation is carried out by force. If the tenant files an appeal and deposits a security deposit, the enforcement may be stopped.
Is it forbidden to immediately sell the house evacuated due to need?
There is no sales ban. The limit imposed by the law is to rent to someone other than the previous tenant within three years. However, if the property is sold after the eviction without being used at all, it may be considered that the need is not genuine and may be subject to a claim for compensation.
Missing the one-month lawsuit period by miscalculating the rent start date.
As the new owner, trying to file a lawsuit after six months without giving one month's written notice.
Explaining the need in general terms and not presenting concrete documents (appointment letter, medical report, rental agreement).
Bypassing the mediation requirement and filing a lawsuit directly; In this case, the case is rejected on procedural grounds.
Risking compensation equal to one year's rent by renting the property again shortly after eviction.
The suit for eviction due to necessity is a balanced institution that provides a legitimate opportunity to the lessor while also protecting the tenant's right to housing and work. As a result of this balance, the case has been subject to short and restrictive periods, strict rules of evidence and mandatory mediation phase. Miscalculating a single date may force the lessor to wait another year.
Küheylan Law Firm meticulously plans every stage of the eviction process, from reviewing the lease agreement to calculating the deadlines, from mediation meetings to the preparation of evidence. On the tenant's side, defenses questioning the sincerity of the claim of need and TBK art. It provides effective legal support for compensation claims within the scope of Article 355.
Important Legal Notice: This guide has been prepared for general information purposes and does not constitute legal advice. Legislation and Supreme Court practice may change over time; The unique circumstances of each dispute require a separate legal assessment. Küheylan Law Firm cannot be held responsible for the consequences that may arise from transactions based on this text.
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