Eviction and Rent Determination Disputes: Mandatory Mediation and Court Procedures

Disputes concerning residential and commercial leases have become prominent in Turkish civil practice. These primarily divide into rent determination actions (kira tespit) and eviction proceedings (tahliye).

Rent Determination after 5 Years (TCO Art. 344)

For leases exceeding five years, landlords can request rent reassessment in line with prevailing market comparables, CPI averages, and judicial fairness discounts (typically 10-20% for existing tenants).

Statutory Grounds for Eviction

• Written Eviction Undertaking (TBK Art. 352/1) executed after property delivery.
• Landlord or immediate family genuine necessity (TBK Art. 350).
• Two justified payment reminder default notices within the same lease year (TBK Art. 352/2).

Mandatory Mediation (Law No. 6325, Art. 18/B)

As of September 2023, applying to an official mediation office prior to initiating court proceedings is a mandatory procedural prerequisite for lease disputes.

Frequently Asked Questions

Question: What compensation is due if a landlord evicts on grounds of personal need but re-rents to a third party? Under Article 355 of the Turkish Code of Obligations, premises vacated on grounds of necessity cannot be leased to third parties for 3 years without justified cause. Landlords in breach must pay statutory compensation of not less than one year's total rent paid in the final lease year.

Question: Can an eviction undertaking signed in blank at the inception of the lease be challenged? Yes. While signing in blank generally binds the signer, proving that the undertaking was exacted on the same day as the lease contract under coercive leverage invalidates the undertaking. Objections must be filed within 7 days of receiving enforcement notices.

Question: Does rental liability continue if the tenant vacates but the landlord disputes key return? Yes. The burden of proving delivery rests on the tenant and requires a written Key Handover Protocol. Leaving keys with a doorman or agent does not constitute valid legal handover. If the landlord refuses delivery, the tenant must formally deposit the keys via court escrow.

Question: Is paying rent in cash without written receipt grounds for eviction? Yes. Residential rents must be paid via bank. Cash payments without a signed receipt cannot be proven by witness testimony against default notices, leading to eviction.