Tenant eviction Turkey explained: landlords’ housing need, Article 350 TBK and tenant rights. TENHA LAW FIRM offers expert eviction advice. Contact us for guidance.

Tenant Eviction in Turkey Due to Landlord’s Housing Need (Article 350 TBK)

If you are dealing with tenant eviction in Turkey because you – or a close family member – genuinely need the property as a home, your situation is mainly governed by Article 350 of the Turkish Code of Obligations (TBK). This provision allows the landlord to file an eviction lawsuit based on “need”, but only when very specific legal conditions are met.

At TENHA LAW FIRM, we regularly advise both landlords and tenants on residential lease disputes, including eviction cases based on landlord housing need under TBK 350. The law aims to balance the landlord’s legitimate housing needs with the strong protection the Turkish legal system grants to tenants.

In practice, courts examine these claims very carefully. The landlord must show a real, sincere and compulsory housing need, and must comply with strict deadlines and procedural rules. Tenants, on the other hand, should understand when an eviction demand is lawful and when it may be abusive or tactical.

This article summarises the main principles of need-based tenant eviction in Turkey, with a practical focus for both landlords and tenants.

1. Who Can Rely on Article 350 TBK?

Article 350 TBK regulates the landlord’s right to terminate residential (and roofed workplace) leases by filing a lawsuit when there is a housing or workplace need. For residential leases, the scope is relatively strict.

1.1. Whose Need Counts?

A tenant can be evicted for housing need only if the property is genuinely needed as a home for:

• The landlord themself
• The landlord’s spouse (within a legally recognised marriage)
• The landlord’s descendants (altsoy) – such as children and grandchildren
• The landlord’s ascendants (üstsoy) – such as parents and grandparents
• Persons whom the landlord is legally obliged to support under the Turkish Civil Code, typically siblings in need

The needs of other relatives – for example, in-laws or more distant family members – generally do not justify need-based eviction under Article 350 TBK.

1.2. Who Is Entitled to File the Eviction Case?

In many cases, the owner and the contractual landlord are the same person, but not always.

• The person who signed the lease as landlord can rely on Article 350 TBK.
• An owner who did not personally sign the lease may, in certain circumstances, still file a lawsuit if ownership and need are clearly proven.
• If the property is co-owned:
  • In joint (elbirliği) ownership, all co-owners usually need to act together.
  • In shared (paylı) ownership, majority rules and representation issues must be considered carefully.

Legal entities (companies) cannot have a “personal housing need” in the strict sense; they may rely on Article 350 for workplace needs, but not to house shareholders or employees as if they were “family”.

2. What Is a Genuine Housing Need?

The core of a need-based eviction case is whether the landlord’s (or relevant relative’s) need is real, sincere and compulsory. This is not just a formula – courts look closely at the facts.

2.1. Real, Sincere and Compulsory Need

The landlord must show more than mere convenience or financial gain. Situations where courts commonly accept a genuine housing need include:

• The landlord is currently living in a rented home and wishes to use their own property instead.
• The landlord or relevant relative is living with family or friends in crowded, temporary or clearly inadequate conditions.
• The landlord’s current home is seriously damaged, unsafe or due for demolition, for example because of earthquake risk or an official demolition decision.
• The landlord or relative has health problems that make the current home unsuitable (e.g. need for an elevator, ground floor, central heating, or proximity to healthcare).
• The landlord or a child is about to marry, and the leased flat is needed as the marital home, provided that marriage plans are concrete and imminent.
• A family member is relocating to the city for work or education and genuinely needs the flat due to its location.

Courts assess the landlord’s overall living conditions: age, health, income, family size and social circumstances. The need must be serious enough that the landlord cannot reasonably be expected to continue leaving the property to the tenant.

2.2. Cases Where Need Is Not Accepted

On the other hand, courts usually reject claims based on:

• Using the eviction as a tool to increase rent or replace the tenant with one who can pay more.
• Alleging housing need while simultaneously advertising the property for sale or rent to third parties.
• Trying to evict the tenant while the landlord has another suitable, empty dwelling that can reasonably meet the same housing need.
• Very vague or distant future plans, such as “my child might move back in some years” without any concrete steps.

The housing need must exist on the date the lawsuit is filed and must continue during the proceedings. If the need disappears before the judgment becomes final, the legal basis for eviction can collapse.

3. Procedure and Deadlines for Need-Based Eviction

Even when housing need is genuine, a landlord will only succeed in tenant eviction in Turkey if procedural requirements are followed strictly.

3.1. Critical Time Limits

Article 350 TBK imposes strict deadlines:

• For fixed-term leases (e.g. a 1-year lease):
  The landlord must file the eviction lawsuit within one month from the end of the contract term.
• For indefinite-term leases:
  The landlord must first serve a proper termination notice in line with the TBK rules on residential leases, and then file the lawsuit within one month from the effective termination date.

Missing the one-month deadline usually means the landlord loses the right to bring that particular need-based claim and must wait until the next term.

3.2. Competent Court and Type of Proceedings

• A need-based eviction is not achieved by a simple notice; it requires a lawsuit.
• The landlord files a case before the Civil Court of Peace (Sulh Hukuk Mahkemesi) where the property is located.
• The landlord bears the burden of proof and must submit:
  • Title deed records to show ownership
  • Family registry documents to identify relevant relatives
  • Health reports, employment documents or relocation decisions where appropriate
  • Any other documents and witness evidence supporting the alleged need

3.3. Duration and Practical Issues

Eviction lawsuits can take considerable time in practice, especially if the tenant contests the claim and uses all appeal rights. During this time:

• The tenant generally continues to live in the property and to pay rent (unless there is a separate dispute about rent).
• The landlord must maintain a consistent position that the property is genuinely needed as a home.
• If the landlord later does not use the property for the alleged need – for example, re-rents it quickly at a much higher price – the tenant may have a compensation claim against the landlord.

This is why careful planning and documentation are essential before launching a need-based eviction case.

4. Typical Mistakes by Landlords – and Protection for Tenants

Need-based eviction is one of the most sensitive areas of Turkish rental law. From practice, certain patterns appear repeatedly.

4.1. Common Errors by Landlords

Landlords often weaken their own cases by:

• Missing the one-month filing deadline after the lease term or termination date.
• Relying on the housing need of a person not covered by Article 350 TBK (for example, in-laws or distant relatives).
• Alleging housing need while keeping another suitable dwelling empty or while having just rented or sold it for profit.
• Failing to present objective evidence of health conditions, family changes or relocation.
• Using the case as a threat to force a rent increase, which courts strongly disapprove of.

4.2. Rights and Defences Available to Tenants

Tenants also enjoy strong statutory protection:

• A tenant can challenge whether the landlord’s alleged need is really compulsory and sincere, not just a pretext.
• The tenant can ask the court to consider other properties owned by the landlord.
• If the landlord obtains eviction and then does not use the property for the stated housing need, the tenant may seek damages under the TBK for bad faith.

Tenants should take any eviction notice or lawsuit seriously, respect procedural time limits and consult a qualified lawyer at an early stage.

5. Why Legal Advice Is Crucial in Article 350 TBK Cases

Both landlords and tenants often underestimate the complexity of tenant eviction in Turkey based on housing need. Article 350 TBK interacts with:

• General lease provisions on notice and termination
• The protection of tenants’ homes and family life
• Extensive case-law of the Court of Cassation (Yargıtay)
• Rules on compensation and good faith in civil law

A landlord who rushes into litigation without proper legal assessment risks losing time and money, and may even face compensation claims. A tenant who ignores court documents or misses deadlines can lose their home even where the landlord’s claim might have been challengeable.

A professional legal analysis should cover:

• Whether the claimed housing need is likely to be seen as real, sincere and compulsory
• The landlord’s other properties and how courts may view their suitability
• The correct timing and form of termination and lawsuit
• The possibility of negotiated solutions (e.g. moving date, compensation, new lease arrangements)

6. How TENHA LAW FIRM Can Help

At TENHA LAW FIRM, we represent both landlords and tenants in residential lease and eviction disputes across Turkey, with particular experience in Istanbul and other major cities.

For landlords, we:

• Assess whether a potential housing need claim is legally strong before filing;
• Advise on timing, evidence and the best strategy to avoid unnecessary risks;
• Prepare and submit all court documents and represent you throughout the proceedings;
• Assist in settlement negotiations where an amicable solution is possible.

For tenants, we:

• Review the landlord’s claim and check whether the alleged need is credible under Article 350 TBK;
• Prepare your statement of defence and gather evidence to protect your rights;
• Advise you on potential compensation claims if the landlord acts in bad faith;
• Negotiate realistic moving dates or alternative arrangements where appropriate.

Our team offers multilingual support and is particularly experienced in advising foreign investors, expats and international families who own or rent property in Turkey.

7. Frequently Asked Questions

8. Conclusion

Need-based tenant eviction in Turkey under Article 350 TBK is a powerful legal tool, but it is also tightly controlled. Landlords must show that their housing need, or that of specific close relatives, is genuine, sincere and compulsory, and they must strictly comply with procedural rules and deadlines. Tenants, in turn, are not without protection: they can challenge weak or abusive claims and, in some circumstances, seek compensation.

Whether you are a landlord planning to file a housing need eviction case, or a tenant facing such a claim, you do not need to navigate this alone.

TENHA LAW FIRM offers clear, practical and strategic advice tailored to your situation.

📞 Contact us to schedule a consultation and obtain detailed guidance on your rights and options under Turkish rental law.

About the Author

Av. Arslan Tenha
Managing Partner, TENHA LAW FIRM

Av. Arslan Tenha is a senior Turkish lawyer with more than 20 years of experience in real estate, immigration and investment law. He regularly advises both Turkish and international clients on residential leases, tenant eviction in Turkey, complex property disputes and investment structures. TENHA LAW FIRM is known for its solution-oriented, multilingual support for foreign landlords, investors and expats.

Legal Disclaimer

This article has been prepared by TENHA LAW FIRM for general information purposes only and does not constitute legal or professional advice. Turkish law is complex and subject to change. The information provided here may not be suitable for your specific situation. Before making any decision or taking any action regarding a lease, eviction or real estate dispute in Turkey, you should obtain tailored advice from a qualified attorney. TENHA LAW FIRM accepts no liability for any loss arising from reliance on this article. Content current as of 13 November 2025.