In Turkish law, residential tenancy is a field of social policy that strongly protects the tenant. In recent years, however, rising inflation and unpaid rent have at times tipped this balance against landlords. Against a tenant who does not pay rent, the landlord has effective legal tools when they are applied in the right order: a written warning notice, enforcement proceedings without a judgment, an eviction action based on two justified warnings, and mediation. This article explains, step by step, the landlord’s rights against a tenant who does not pay rent under the Turkish Code of Obligations No. 6098 (TBK) and the Enforcement and Bankruptcy Law No. 2004 (İİK).
The Tenant’s Payment Obligation and the Consequences of Default
Under Art. 314 TBK, the tenant’s main obligation is to pay the rent and any ancillary costs agreed by contract or custom on time. For residential and roofed commercial leases, Art. 341 TBK provides that ordinary usage costs such as heating, lighting and water may also be borne by the tenant unless otherwise agreed in the contract. Clearly specifying the payment date in the contract is decisive for establishing whether the tenant is in default.
If the rent is due but not paid and the tenant is in default, Art. 315 TBK entitles the landlord to grant a time limit by written notice. For residential and roofed commercial leases, this period is at least thirty days and starts running on the day after the notice reaches the tenant. If payment is not made within the period, the landlord may terminate the contract.
What to Do When Rent Is Not Paid: Warning Notice and Enforcement
Calculating the Debt Correctly: TBK 344 and the Increase Cap
The first step is a comparative statement of the lease agreement, bank receipts and the tenant’s payments. Art. 344 TBK provides that the increase applied in renewed lease periods may not exceed the twelve-month average of the consumer price index (CPI / TÜFE) for the previous lease year; for contracts longer than five years or renewed after five years, the rent is determined by the judge. A debt calculation prepared without observing this cap may lead to objections in later enforcement proceedings or litigation.
Written Warning Notice (TBK 315): Procedure and Content
The following elements are recommended for inclusion in the warning notice:
- The unpaid rental periods and a separate amount for each period,
- A separate breakdown of any ancillary costs (maintenance fees, electricity, water, etc.),
- The bank account (IBAN) for payment,
- The time limit granted for payment (at least thirty days for residential/roofed commercial premises),
- A statement that, if payment is not made in time, the contract will be terminated and legal action taken.
It is important that the notice relates to a debt that is due, clearly states which rental period it concerns and is duly served; if service is defective, the time limits do not start to run.
Enforcement Without Judgment and Eviction (İİK Art. 269 et seq.)
To collect rent, enforcement proceedings without a judgment with a request for eviction can be initiated under Articles 269 et seq. of the Enforcement and Bankruptcy Law; if eviction is sought, this must be stated expressly in the enforcement request. The tenant may object to the enforcement office within seven days of service of the payment order; if, when objecting, the tenant does not clearly and definitively deny the lease agreement and, where applicable, their signature, they are deemed to have accepted the contract.
If the tenant does not object and does not pay the debt within the period granted in the warning notice, eviction may be requested from the enforcement court under İİK Art. 269/a within six months of the expiry of that period. If the tenant objects to the lease agreement or the signature, the creditor may, depending on the nature of the document held (if there is a notarised contract or one with a notarially certified signature), request the removal of the objection before the enforcement court; otherwise an action must be filed before the general courts.
The Persistently Late-Paying Tenant: Eviction Based on Two Justified Warnings
Legal Framework and Preclusive Period
Under Art. 352/2 TBK, if the tenant has caused two separate justified written warnings to be issued for non-payment of rent — within the lease term for leases shorter than one year, or within one lease year for leases of one year or longer — the landlord may terminate the contract by court action within one month of the end of the lease term (for longer leases, the end of the lease year in which the warnings were issued). According to the case law of the Court of Cassation (Yargıtay), this one-month period is preclusive; if it is missed, the action is dismissed. Under Art. 353 TBK, if the landlord notifies the tenant in writing within the prescribed period that they will file an action, the period for filing is deemed extended by one lease year.
Conditions for Two Justified Warnings
According to settled case law, the following conditions must all be met for two justified warnings to be valid:
- The debts relate to two different rental periods within the same lease year,
- The debt is due on the date of the warning,
- The warnings are in writing (notarial notice or enforcement payment order),
- It is clearly stated which month/period the debt claimed relates to,
- The warnings are served within the same lease year,
- The action is filed in time.
Payment by the tenant after service of the warning does not by itself remove the justified nature of the warning; the warning serves to document the default for that period. By contrast, warnings sent for debts already paid before service are not justified warnings, and multiple warnings for the same month are treated as a single warning.
Common Mistakes in Practice
Confusing the lease year with the calendar year, spreading the warnings over different lease years, failing to state the due date and the period in the warnings, and missing the one-month period for filing the action are the most common mistakes that, in practice, render this advantage of the landlord ineffective.
Security Instruments Used by Landlords and Their Legal Risks
Long court proceedings lead landlords to request documents at the start of the contract such as promissory notes, a Findeks report, an eviction undertaking or a key handover record. However, not all of these documents are valid in every situation.
Taking Promissory Notes for Rent: TBK 346 and Its Limits
Art. 346 TBK restricts terms to the tenant’s detriment in residential leases: no additional payment obligation may be imposed other than rent and ancillary costs, and agreements providing that a penalty will be paid, or that subsequent rents will become due, if rent is not paid on time are invalid. For this reason, promissory notes that do not represent a debt actually unpaid, that secure all future rents in advance or that amount to a penalty clause may face objections at the enforcement stage. Taking a separate note for each month can make proof easier; however, it is important that the month the note relates to, its amount and its connection with the lease agreement are clear.
Findeks Report and Personal Data Protection
Assessing the tenant’s ability to pay is a reasonable practice; however, since reports like Findeks constitute personal data, they should be obtained with the tenant’s explicit consent, limited to the purpose of assessing ability to pay, and not kept longer than necessary. A high credit score does not constitute a definitive guarantee of future rent payment.
Eviction Undertaking: Conditions of Validity
Art. 352/1 TBK provides that if the tenant, after handover of the leased property, has undertaken in writing to vacate on a specific date but does not do so, the landlord may apply for enforcement or file an action within one month of that date. According to the settled case law of the Court of Cassation, a valid eviction undertaking requires that it was given after handover of the leased property (and does not bear the same date as the lease), is in writing, contains a specific eviction date, was given freely and is unconditional. Undertakings taken on the same date as the contract or before handover may be held invalid on the ground that the tenant signed under pressure.
The Risk of an Undated Key Handover Record
A key handover record signed before the property is vacated, with the date left blank, may not prove actual handover. The safest method is to draw up a detailed record, dated and signed and, if possible, including meter readings, when the property is actually vacated.
Building a Lawful File at the Start of the Contract
The most effective stage for reducing the landlord’s losses is not collecting documents after a dispute arises, but building a clear and balanced file at the start of the contract. The contract should clearly state the full address and nature of the leased property, the rent/payment date/bank account, an increase method complying with TBK 344, the allocation of maintenance fees and ancillary costs, the deposit amount and conditions for its return, the handover record and inventory list, and the addresses for service. Undated, blank or pressured documents may give comfort in the short term but create problems of proof in the long term.
Mediation and Alternative Dispute Resolution
In tenancy disputes, applying to mediation before filing a lawsuit is in many cases a precondition for bringing an action. In this process, the parties can agree on solutions such as paying accrued rent in instalments, eviction and return of keys on a specific date, mutual release in return for payment of part of the debt, and a temporary payment plan. For enforceability, it is important that the agreement document clearly states the handover date, the amount of the debt, the payment schedule and the consequences of non-compliance.
Conclusion: A Balanced and Predictable Roadmap
The aim of tenancy law is not to leave the tenant unprotected; it is to protect the tenant who pays regularly while offering the landlord a fast and legally secure route against a tenant who persistently breaches their obligations. The soundest roadmap can be summarised as follows: the contract should be clear and comply with TBK 344; rent and ancillary costs should be paid through the bank; security and promissory notes should be limited to the actual debt; the eviction undertaking should be taken after handover and with a specific date; when rent is not paid, a warning notice complying with TBK 315 should be sent and enforcement initiated under İİK 269 et seq.; and where two justified warnings have arisen, the one-month preclusive period under TBK 352/2 must not be missed. Since the circumstances of each case may always differ, it is advisable to conduct litigation and mediation processes together with a lawyer.
Frequently Asked Questions
What should be the first step against a tenant who does not pay rent?
The first step is to prepare an accurate debt calculation based on the lease agreement and payment records and to send a written warning notice complying with Art. 315 TBK, stating the unpaid periods, the amount, the IBAN and the time limit (at least thirty days for residential/roofed commercial premises). Notices that are not duly served or contain incomplete information may face objections in subsequent enforcement and eviction proceedings.
What can be done if the tenant does not pay despite the warning?
If payment is not made by the end of the notice period, enforcement proceedings without a judgment with a request for eviction can be initiated under İİK Art. 269 et seq. If the tenant does not object within seven days and does not pay within the notice period, eviction may be requested from the enforcement court within six months of the expiry of that period.
What are two justified warnings, and when do they lead to eviction?
Under Art. 352/2 TBK, if the tenant has breached the payment obligation within one lease year and caused two separate justified written warnings, the landlord may terminate the contract by filing an action within one month of the end of the lease year. According to Court of Cassation case law, this one-month period is preclusive.
Is a promissory note taken for rent always valid?
No. Under Art. 346 TBK, no additional payment obligation other than rent and ancillary costs may be imposed on the tenant; notes amounting to a penalty clause or not representing rent that is actually unpaid may face objections at the enforcement stage. It is important that the month the note relates to and its connection with the lease agreement are clear.
Can an eviction undertaking be signed on the same date as the lease?
According to the settled case law of the Court of Cassation, no. A valid eviction undertaking must be given after handover of the leased property; undertakings dated the same as the contract or taken before handover may be held invalid on the ground that the tenant signed under pressure.
Is mediation mandatory before filing a lawsuit in a tenancy dispute?
In a large proportion of disputes over claims and eviction arising from a tenancy, applying to mediation before filing a lawsuit is a precondition for bringing an action. In this process the parties can agree on solutions such as instalment payment of the debt, eviction on a specific date or mutual release; however, the procedure applicable to the specific case should be clarified by consulting a lawyer.
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.