Eviction of a 10-Year Tenant in Turkey: Everything You Need to Know (TCO 347)

The issue of "evicting a 10-year tenant," particularly relevant in long-term tenancies, can lead to significant loss of rights due to common misconceptions and critical procedural errors. Article 347 of the Turkish Code of Obligations (TCO) is a special provision that grants landlords the right to evict without cause under specific conditions. In this article, we will thoroughly examine what this right entails, how to calculate the period correctly, the pitfalls in the process, and its strategic importance.

Not a "10-Year Tenant," but a "10-Year Extension Period": How to Calculate Correctly

The biggest misconception in practice is the belief that a tenant can be evicted simply because 10 years have passed since the lease agreement was signed. However, the law requires the completion of a "ten-year extension period," not just a 10-year tenancy. The difference between these two concepts determines when the right to evict arises.

For fixed-term contracts (usually for 1 year), the calculation is based on the formula: Initial Contract Term + 10 Years. For example, if you signed a 1-year contract on January 1, 2015, the initial term ends on January 1, 2016. The ten-year extension period starts from this date and ends on January 1, 2026. Therefore, the landlord's right to evict arises after a total of 11 years.

The Biggest Mistake for Landlords: The "Renewal Contract Trap" that Resets the Clock

According to landmark decisions by the Turkish Court of Cassation's General Assembly of Civil Chambers, signing a new lease agreement while the 10-year extension period is running resets this period. Landlords often make the mistake of creating a new contract with good intentions, such as updating the rent. However, this can postpone the right to evict for years. For instance, a landlord who signs a new contract in the 7th year should be aware that the 10-year extension period will restart from the end date of the new contract. To avoid this trap, rent increases should be formalized through an addendum to the existing contract or managed through bank records, without signing a new agreement.

The Eviction Process After the 10-Year Period: A Step-by-Step Guide

Once the time requirement is met, there are three main steps to follow for eviction:

1. Termination Notice: The landlord must send a written termination notice to the tenant at least 3 months before the end of each new extension year following the 10-year extension period. This is a forfeiture period; if missed, the right to evict is postponed to the next year.

2. Mandatory Mediation: As of September 1, 2023, it is mandatory to apply for mediation in rental disputes before filing a lawsuit. This legal requirement must be fulfilled after the notice period and before initiating legal action.

3. Eviction Lawsuit: If no agreement is reached in mediation, an eviction lawsuit is filed at the Civil Court of Peace (Sulh Hukuk Mahkemesi) at the end of the extension year in which the notice was served.

The Strategic Power of TCO 347: The Only Eviction Method Without Penalties

The most significant feature distinguishing TCO 347 from other grounds for eviction is that the landlord is not required to provide any reason. However, its true strategic advantage lies in its exemption from the "re-letting ban" penalty stipulated in Article 355 of the Turkish Code of Obligations.

For example, a landlord who evicts a tenant "due to necessity" (TCO 350) cannot rent the same property to anyone other than the former tenant for 3 years. If they do, they are liable to pay substantial compensation to the former tenant. This is a major obstacle for landlords who want to re-let their property at the current market rate. However, in evictions based on TCO 347, this ban and the risk of compensation do not apply. After the eviction, the landlord can immediately rent the property to whomever they wish, at whatever price they wish.

Conclusion: Proper Management of the Process is Key

TCO 347 is a powerful legal tool that balances the property rights of landlords who have rented out their property for many years. However, exercising this right depends on the correct calculation of time periods, avoiding the renewal contract trap, and meticulously following procedural steps (notice, mediation, lawsuit). For tenants, the most effective defense is to identify potential procedural errors made by the landlord. To avoid any loss of rights, it is critically important for both parties to seek advice from a lawyer specializing in rent law before entering this complex process.