Alanya Tenancy & Rental Lawyer

Eviction Lawsuits and Eviction Procedures

Eviction of a tenant is sought through different routes depending on the cause of the dispute:

• Non-payment of rent: The landlord gives the tenant a deadline by written notice. In residential and covered business premises leases this period is at least thirty days (TBK Art. 315). If payment is not made within the period, enforcement proceedings may be initiated with a payment order containing a warning under Articles 269 et seq. of the Enforcement and Bankruptcy Law (İİK); if the debtor neither objects nor pays, eviction is requested from the enforcement court.
• Two justified notices: If the tenant has caused two justified notices to be served for non-payment of rent, an eviction lawsuit may be filed within one month from the end of the lease period or lease year (TBK Art. 352/2).
• Written undertaking to vacate: If the tenant, after delivery of the premises, undertook in writing to vacate on a certain date and has not done so, the landlord may apply for enforcement or file a lawsuit within one month from that date (TBK Art. 352/1).
• Need for residence or business premises, and reconstruction/renovation: In case of need for the landlord or relatives, the landlord may terminate the contract by a lawsuit filed within one month (TBK Art. 350). Separate time limits apply to a person who later acquires the property: written notice to the tenant within one month of acquisition and a lawsuit after six months (TBK Art. 351).

Each route has different notice, notification and time-limit requirements. For the validity requirements of an undertaking to vacate, the notice procedure and details of the enforcement route, see Landlord’s Rights Against a Tenant Who Does Not Pay Rent and Landlord Protection Guide.

Rent Determination and Rent Increase Disputes

For renewed lease periods, the rent increase may not exceed the change in the twelve-month average of the consumer price index for the previous lease year (TBK Art. 344). For contracts longer than five years or renewed after five years, the judge sets the rent equitably, also taking into account the condition of the premises and comparable rents. A lawsuit for determination of rent may be filed at any time; however, if it is filed at least thirty days before the start of the new period, or if the tenant has been notified in writing of the increase, the rent determined in a lawsuit filed by the end of the following new lease period is binding from the beginning of the new period (TBK Art. 345).

The temporary rules limiting residential rent increases to twenty-five percent applied, under Provisional Articles 1 and 2 of the TBK, to lease periods renewed until 1/7/2024; the current text on mevzuat.gov.tr contains no extension beyond that date. For a detailed review, see Payment of Rent, Rules on Increases and the Rent Determination Lawsuit.

Rent Claims and Enforcement Proceedings

Unpaid rent and ancillary costs may be claimed, depending on the file, through rent enforcement proceedings with a payment order containing a warning, general attachment proceedings or a lawsuit. In proceedings under İİK Art. 269, the debtor must notify the enforcement office of the grounds for objection within seven days from service of the payment order; in case of objection, whether the creditor can request removal of the objection depends on the nature of the lease agreement and the signature. The landlord’s right to request eviction from the enforcement court must be exercised within six months from the expiry of the notice period (İİK Art. 269/a).

Mandatory Mediation

In disputes arising from a tenancy relationship, except for the provisions on eviction through enforcement without judgment, applying to a mediator before filing a lawsuit is a precondition for the lawsuit (Law No. 6325 on Mediation in Civil Disputes, Art. 18/B, since 1/9/2023). The mediator concludes the application within three weeks of appointment; in compelling cases this period may be extended by at most one week (Art. 18/A/9). If the final report stating that no agreement was reached is not attached to the statement of claim, the lawsuit is dismissed on procedural grounds (Art. 18/A/2). For this reason, before eviction and rent determination lawsuits, the date of the mediation application is planned separately with regard to the one-month time-bar periods.

Security Deposit Disputes

In residential and covered business premises leases, if the contract obliges the tenant to provide security, it may not exceed three months’ rent. If cash security is agreed, the tenant deposits it in a time deposit savings account that cannot be withdrawn without the landlord’s consent; the bank returns the security only with the consent of both parties, upon finalisation of enforcement proceedings or upon a final court judgment. If the landlord does not notify the bank within three months after the end of the contract that a lawsuit or enforcement proceeding has been initiated, the tenant may request the return of the security (TBK Art. 342). In addition, apart from rent and ancillary costs, no other payment obligation may be imposed on the tenant; agreements providing a penalty for late rent or that subsequent rents become due immediately are invalid (TBK Art. 346).

Foreign Property Owners, Tenants and Owners Living Abroad

For those who own property in Alanya but live abroad, a tenancy file can be handled through an attorney; notices, enforcement proceedings, mediation and litigation are conducted under a power of attorney. The form of the power of attorney and the required authentication steps vary depending on the country of residence. For foreign tenants, clearly stating the language of the contract, the signatures and the address for service matters for the service of notices. If rent is agreed in foreign currency, under TBK Art. 344/4 the rent cannot be changed until five years have passed; TBK Art. 138 on excessive hardship is reserved. The limits of foreign-currency leases under foreign exchange regulations are not addressed separately on this page. For other legal matters relevant to foreign clients, see the Alanya Immigration and Foreigners Law page.

Holiday and Short-Term Rentals

Renting out residences for tourism purposes for up to one hundred days falls under Law No. 7464; a permit must be obtained before such contracts are concluded, and rentals exceeding one hundred days at a time are outside the scope of the Law (Arts. 1 and 3). The permit application requires a unanimous decision of all unit owners of the building (Art. 3/3). An administrative fine is provided for unauthorised rental activity (Art. 4). For the conditions and the application process, see the Alanya Tourism Rental Permit Guide. The tax aspect of declaring rental income is covered under tax law.

Drafting and Review of Lease Agreements

Residential, business and other lease agreements are drafted under TBK Arts. 299 et seq., and existing agreements and addenda are reviewed from the tenant’s or landlord’s perspective, with proposed amendments presented and negotiated.

Defects, Maintenance and Repair Claims

For defects existing at delivery or arising during the lease, notices, mediation and litigation are conducted for claims to remedy the defect, reduce the rent and compensate the damage (TBK Arts. 301, 304-307).

Return of the Premises, Damage and Compensation for Unlawful Occupation

Evidence preservation, enforcement and litigation are carried out regarding the return of the premises at the end of the contract, the determination and compensation of damage beyond ordinary use (TBK Art. 334), and claims for compensation for unlawful occupation (ecrimisil) where the property continues to be used after the contract has ended.

Early Termination and Termination for Good Cause

Advice is given on the tenant’s liability for rent when returning the premises early without complying with the contract (TBK Art. 325) and on terminating an unbearable lease relationship for good cause (TBK Art. 331); termination notices are drafted and resulting claims for receivables or compensation are pursued.

Subletting and Transfer of Use or of the Lease

Agreements are drafted on subletting the premises or transferring the right of use (TBK Art. 322) and, in business premises leases, on transferring the lease relationship with the landlord’s written consent (TBK Art. 323), and disputes arising from refusal of consent are pursued.

Change of Ownership of the Premises and Annotation in the Land Registry

Advice is given, and the necessary applications are made, regarding the transfer of the lease to the new owner when the leased property is sold or otherwise changes hands (TBK Art. 310) and the annotation of the lease in the land register (TBK Art. 312).

Business Leases, Alterations and Improvement Costs

In business leases such as shops, offices, hotels and restaurants, alterations and improvements made by the tenant with the landlord’s written consent and related compensation claims (TBK Art. 321) are assessed; representation is provided in contract negotiations and disputes.

Ancillary Costs, Service Charges and Common Expense Disputes

Account reviews, enforcement proceedings and lawsuits are conducted for claims arising from ancillary costs borne by the tenant (TBK Art. 341), site and apartment service charges, and common expenses under Condominium Law No. 634.

Leased Premises Used as the Family Home

Advice is given, and notices are prepared accordingly, regarding the rule that a lease of premises used as the family home cannot be terminated without the express consent of the tenant’s spouse (Turkish Civil Code (TMK) Art. 194, TBK Art. 349) and the landlord’s obligation to send notices to the spouse separately (TBK Art. 349/2).

Usufructuary Leases and Agricultural Land Leases

Usufructuary lease agreements (TBK Arts. 357 et seq.) for income-producing property such as greenhouses, orchards and agricultural land are drafted, and disputes about rent, maintenance obligations and termination are pursued.

Limitation Periods for Rent Claims and Compensation Lawsuits

The five-year limitation period for rent claims (TBK Art. 147/1) is monitored; lawsuits are filed or defended for material damages arising from the lease, refund of overpaid rent and unjust enrichment claims.

Appeals and Enforcement of Eviction Judgments

Applications for appeal (istinaf, Code of Civil Procedure (HMK) Arts. 341 et seq.) and appeal on points of law to the Court of Cassation (HMK Arts. 361 et seq.) against decisions of civil courts of peace and enforcement courts, and responses to them, are prepared; enforcement of eviction judgments and judgments on rent claims through the enforcement office is followed up.