Throughout Turkey, and especially in coastal towns such as Antalya, Alanya, Mahmutlar, Gazipaşa and Manavgat with a heavy turnover of local and foreign residents, residential lettings expose property owners to serious legal and financial risks. In an inflationary environment, unpaid rent, defects in the form and dating of eviction undertakings, family-home objections, and foreign tenants who leave the property and go abroad without returning the keys can leave landlords facing years of litigation and large utility and public debts.
Because the provisions of the Turkish Code of Obligations No. 6098 (TBK) are designed primarily to protect tenants, landlords must apply “preventive law” measures in full at the very start of the tenancy in order to avoid losing their rights and their power to dispose of their property. This guide covers the 5 basic legal and practical protective steps to take when letting a property, the validity criteria for an eviction undertaking, promissory note security, managing the risk of a foreign tenant abandoning the property, and the legal remedies available when rent is not paid.
1. Preventive Legal and Practical Measures Before Letting
Screening the prospective tenant’s financial and court record before letting the property, not signing the lease and the eviction undertaking at the same time, taking a promissory note for each month and applying the double-signature rule against family-home objections are the most basic preventive steps that protect the owner from eviction lawsuits that can last for years.
A. Financial Reliability and Court Record Screening (Findeks and UYAP Checks)
Relying solely on the prospective tenant’s own statements before entering into a tenancy is one of the biggest mistakes seen in practice. There are two basic mechanisms the landlord should request and examine before signing the contract:
- Findeks Credit Score and Risk Report: Asking the prospective tenant for a current Findeks risk report objectively reveals the person’s past loan, credit card and repayment discipline in the banking system. A prospective tenant who does not pay regularly is very likely to fall behind on rent as well.
- UYAP Citizen Portal Check: With the tenant’s consent, pending enforcement proceedings, debt collection actions and eviction files against them should be reviewed through the UYAP system (Turkey’s national judicial network). Letting a home to a candidate who already has several enforcement files or whose salary is queued for attachment creates a direct risk of default.
B. Timing and Validity Conditions of a Written Eviction Undertaking (TBK Art. 352/1)
Under Article 352(1) of the Turkish Code of Obligations, an eviction undertaking (tahliye taahhütnamesi) is a unilateral declaration of intent by which the tenant states in writing to the landlord that they will vacate the leased property on a specific date. However, the validity of this document is subject to very strict rules of form and timing:
- Must Be Drawn Up After Handover: The law expressly requires the undertaking to be given “after the leased property has been handed over”. In line with the settled case law of the Court of Cassation (Yargıtay), eviction undertakings signed on the same day as the start of the lease, or on a date before the lease, are held invalid (null and void) on the ground that “the tenant signed under duress (financial pressure)”. The date of the undertaking should be at least several days or weeks after the actual handover of the keys.
- Notarial Certification and Evidentiary Weight: Although ordinary written form is legally sufficient, in practice tenants frequently object to enforcement proceedings by claiming “the signature is not mine” or “the date was filled in later”. Since signature and date cannot be denied in an eviction undertaking drawn up before a notary or whose signature is certified by a notary, the eviction process is concluded quickly without losing months.
C. Taking a Negotiable Instrument (Promissory Note) for Each Month of Rent
Taking a separate negotiable instrument (promissory note, bono) for each month of rent throughout the lease is a strong security tool for ensuring collection of the rent. However, the following points must be observed carefully when drawing up these notes:
- Consideration Clause: A clear statement such as “This note is given in respect of the rent for the month of … of the year …” should be written on the notes and in the special terms clause of the lease. This annotation links the note, otherwise independent of its cause, to the tenancy and prevents claims of unjustified double collection.
- Special Enforcement Procedure for Negotiable Instruments (Form No. 10): When promissory notes are not paid, fast-track enforcement specific to negotiable instruments can be initiated under Art. 167 et seq. of the Enforcement and Bankruptcy Law No. 2004 (İİK). In this procedure the debtor has 10 days to pay and 5 days to object, so it produces results much faster than ordinary debt enforcement.
D. Family Home Protection and the Double-Signature Requirement (TMK Art. 194 & TBK Art. 349)
Under Article 194 of the Turkish Civil Code No. 4721 (TMK) and Article 349 TBK, where leased premises are allocated as the family home, the spouse who is the tenant may not terminate the lease or give an eviction undertaking without the express consent of the other spouse. The defence landlords most frequently encounter in practice is that, at the eviction stage, the other spouse halts the process by claiming “The property is our family home; my signature or express consent is not on the undertaking.”
To eliminate this legal obstacle, the signatures of BOTH SPOUSES of a married tenant must appear on the Lease Agreement, the Eviction Undertaking and the Negotiable Instruments (Promissory Notes) issued. In this way, any later objection by the other spouse is rendered ineffective in advance.
2. Foreign Tenants and Managing the Risk of Property Abandonment
In international real estate and tourism centres such as Antalya, Alanya, Mahmutlar, Konaklı, Gazipaşa and Manavgat, one of the most common disputes is foreign tenants leaving the property and returning to their home countries without returning the keys and without giving notice.
A. The Legal Nature of the Problem and the Risk of Violating the Inviolability of the Home
According to the settled case law of the Court of Cassation, removing the belongings is not enough for a leased property to be legally regarded as vacated; it must be proven that the keys were duly returned to the landlord. Even if the tenant has physically abandoned the property and gone abroad, possession legally remains with the tenant for as long as the keys have not been returned.
If the landlord, thinking “the tenant has run off”, has a locksmith open the door and enters, this may constitute the offence of violation of the inviolability of the home under Article 116 of the Turkish Criminal Code (TCK) and the act of taking the law into one’s own hands under TCK Article 150/1. Moreover, as long as the keys have not been returned, ancillary debts such as electricity, water, natural gas and building maintenance fees keep accumulating and are claimed from the owner by public utilities and site management.
B. Practical and Legal Measures to Take
For foreign or Turkish tenants who carry a risk of leaving the country and abandoning the property, the following three measures should be taken in full:
- Undated Key Handover and Vacation Record: Obtaining from the tenant, at the letting stage, an undated handover record stating “I have completely vacated the property, returned all keys to the landlord and no belongings of mine remain inside” allows the landlord to recover possession in the event of abandonment without taking civil or criminal risks.
- Representative for Service in Turkey and Address Abroad: In addition to the tenant’s permanent address for service in their home country, the contract should record the full identity and address details of an attorney or representative within Turkey authorised to receive official notifications and enforcement orders.
- Mandatory Transfer of Utility Subscriptions to the Tenant: Electricity, water, natural gas and internet subscriptions should never be left in the landlord’s name; the tenant should be required to open subscriptions in their own name as soon as the contract is signed. Otherwise, the huge consumption and interest debts left behind by the tenant will bind the property owner.
3. Legal Remedies When Rent Is Not Paid and the Property Is Not Vacated
If, despite all preventive measures, the tenant defaults or fails to vacate the property at the end of the lease term, the landlord has two main enforcement and litigation mechanisms:
A. Non-Payment of Rent (Tenant’s Default – TBK Art. 315 & İİK Art. 269)
When the tenant fails to pay rent on time, the landlord should start the legal process without delay. This process can be pursued in two ways:
- Enforcement Without Judgment with a Request for Eviction (Form No. 13): Under Article 269 of the Enforcement and Bankruptcy Law, the enforcement office sends a payment order requesting both collection of the accrued rent and eviction. For residential leases, the tenant is given a statutory period of 30 days to pay the debt. If the tenant does not object within 7 days and does not pay the debt with its accessories within 30 days, the landlord can apply to the Enforcement Court (İcra Hukuk Mahkemesi) and obtain an eviction order directly. For detailed legal rights and enforcement steps, see our article landlord’s rights against a tenant who does not pay rent.
- Eviction Action Based on Two Justified Warnings (TBK Art. 352/2): If, within one lease year, two separate justified written warnings (or enforcement payment orders) have been served on the tenant for unpaid rent for different months, the landlord acquires the right to file an eviction action before the Civil Court of Peace (Sulh Hukuk Mahkemesi) within 1 month from the end of that lease year.
B. Enforcement Based on an Eviction Undertaking (İİK Art. 272)
If the landlord holds a valid eviction undertaking dated after the handover, they can request vacation of the property directly through enforcement, without having to file a rent claim lawsuit:
- 1-Month Preclusive Period: An application must be made to the competent enforcement office within 1 month of the eviction date stated in the undertaking, requesting the issuance of an Eviction Order (Form No. 14). This 1-month period is preclusive (hak düşürücü süre), and missing it extinguishes the right to enforcement based on the undertaking.
- Execution of the Eviction Order: The eviction order served on the tenant warns that the property must be vacated within 15 days and that any objection must be made within 7 days. If the tenant does not object in time, the property is forcibly vacated by enforcement officers accompanied by the police.
4. Comparison Table: Eviction Undertaking vs. Rent Default Enforcement
The comparison table below summarises the main differences in time limits, procedure and evidence between enforcement based on an eviction undertaking and enforcement initiated for non-payment of rent (default):
| Parameter | Enforcement Based on Eviction Undertaking (İİK Art. 272) | Enforcement Based on Rent Default (TBK Art. 315 & İİK Art. 269) |
|---|---|---|
| Statutory Application Period | 1 MONTH from the undertaken eviction date (preclusive period) | Enforcement can be started immediately once the rent is due |
| Statutory Period Granted | 15 days (upon service of the Eviction Order) | 30 days (upon service of the Payment Order) |
| Objection Period | Objection to the enforcement office within 7 days | Objection to the debt and signature within 7 days |
| Effect of Spouse’s Signature (TMK 194) | Without family-home consent, high risk of the enforcement being stayed and cancelled | Rent is a personal debt; enforcement proceeds against the principal debtor |
| Key Evidence | Notarised or written eviction undertaking | Lease agreement and bank account statements / receipts |
| Type of Enforcement | Form No. 14 Eviction Order | Form No. 13 Payment Order with Attachment and Eviction Request |
5. Frequently Asked Questions for Landlords
Is an eviction undertaking valid if it is signed on the same day as the lease?
No. Under Article 352/1 of the Turkish Code of Obligations No. 6098 and the settled case law of the Court of Cassation, eviction undertakings signed on the same date as the lease or before it are deemed not to have been given by the tenant’s free will and are treated as invalid (null and void). For the undertaking to be legally valid, it must bear a date after the property was actually handed over to the tenant.
If the tenant abandons the home without returning the keys, can the landlord have a locksmith open the door?
Even if the tenant has physically vacated the home, legal possession remains with the tenant until the keys are duly returned to the landlord. If the landlord enters the property with a locksmith without consent or a court order, this may constitute the offence of violating the inviolability of the home under Article 116 TCK and the act of taking the law into one’s own hands. Therefore, if there is no key handover record, a determination of the state of the premises should be requested from the Civil Court of Peace or handover secured through enforcement proceedings.
Is the spouse’s signature mandatory on an eviction undertaking for a rented family home?
Yes. Under Article 194 of the Turkish Civil Code and Article 349 TBK, for properties that qualify as the family home, the tenant spouse who signed the lease cannot undertake to vacate the property without the express consent of the other spouse. In practice, tenants object at the eviction stage on the ground that the spouse did not consent and can thereby halt the enforcement proceedings. To eliminate this risk, the signatures of both spouses should be obtained on the undertaking.
How much time is the tenant given in enforcement proceedings for unpaid rent?
In enforcement without judgment with a request for eviction (Form No. 13) initiated under Article 269 of the Enforcement and Bankruptcy Law because the tenant has not paid rent, the tenant is given a statutory period of 30 days from service of the payment order to pay the debt. If the tenant does not object to the debt within 7 days and does not pay the full debt with its accessories within the 30-day period, the landlord can apply to the Enforcement Court and request a direct order for the tenant’s eviction.
Conclusion and Legal Assessment
The eviction difficulties, unpaid rent and orphaned utility debts faced by landlords in Antalya, Alanya, Gazipaşa and the Turkish property market in general stem largely from transactions that were set up incompletely or incorrectly before the contract. Carrying out Findeks and enforcement-record checks when letting a property, dating the eviction undertaking after handover and having it signed by both spouses, securing the claim with monthly promissory notes and keeping a key handover protocol ready in case of abandonment will protect property owners.
Drafting lease agreements, reviewing the legal validity of eviction undertakings and conducting enforcement proceedings with a request for eviction are subject to technical procedural rules. In a specific dispute, to avoid missing deadlines and losing rights, it is advisable to seek professional legal advice from a lawyer from the very beginning of the process.
Legal Notice: This text has been prepared for general information purposes only and does not constitute legal advice. sophoshukuk.com makes no referral, guarantee or promise of outcome. Each case must be assessed on its own particular circumstances; for your specific dispute, please obtain professional advice from a lawyer.