The Landlord Says “I Will Live Here Myself”: Does the Tenant Have to Move Out?

If you are a tenant, you may have heard this sentence over the phone or by message: “I am going to use the property myself; you need to move out.” If you are a landlord, you may be about to say the same thing and wonder whether the tenant is legally required to leave. This article gives both sides the same answer: whatever the law provides.

The short answer is this: if the landlord genuinely needs the property for himself or herself or for one of the close relatives specified by law, the law provides a route to eviction. But that route is not triggered by simply saying “move out”; an action must be brought within the statutory period, and two conditions must be satisfied in that action. First, the need must be genuine and necessary, and the landlord bears the burden of proving this. Second, the person for whose benefit the eviction is sought must be one of the persons expressly and exhaustively listed by law; this route is not available for a relative who is not on the list. These are precisely the two points that are most often misunderstood.

Is it enough to say “the lease has expired, move out”?

No. Under the Turkish Code of Obligations, when the fixed term of a residential lease expires, the lease is deemed to have been extended for one year on the same terms unless the tenant gives notice at least fifteen days before the expiry of the term. The law goes on to state expressly that the landlord cannot terminate the lease merely on the basis that the contractual term has expired. In other words, the statement “it was a one-year lease and the year is over” is not, by itself, a ground for eviction. There is a separate rule that becomes relevant after the statutory ten-year extension period; that is the subject of another article.

The consequence is this: the grounds on which a landlord may seek eviction through litigation are expressly listed in the law, and the list is exhaustive. A landlord cannot create an additional ground of his or her own. The law also expressly provides that the provisions concerning termination by judicial action may not be modified to the detriment of the tenant. Even if the lease contains a clause stating, for example, “if the landlord needs the property, the tenant shall vacate it within fifteen days,” such a clause does not bind the tenant.

Landlord’s need for the property is one of the limited statutory grounds. The ground exists, but it is subject to conditions. We explain those conditions below.

For whose needs can an eviction be sought?

The law itself provides the list. A landlord may bring an eviction action if there is a need to use the leased property as a residence or business premises for:

• The landlord personally,

• The landlord’s spouse,

• The landlord’s descendants, namely children and grandchildren,

• The landlord’s ascendants, namely parents and grandparents,

• Other persons whom the landlord is legally obliged to support.

An eviction action based on need cannot be brought for persons who are not on this list. A sibling, nephew or niece, son-in-law, daughter-in-law or friend is not included. A landlord who says “my brother will live here” cannot use this ground. The only exception is the final category: if the landlord is legally obliged to support a particular person, an action may be brought for that person. Who falls within the legal duty of support is a separate legal question and should be assessed by a lawyer where relevant.

The same list applies to a new owner who acquired the property after the lease had already been concluded. The new owner may also claim need only for himself or herself, a spouse, a descendant, an ascendant, or a person whom he or she is legally obliged to support.

The need must be “genuine and necessary”: what does the court look for?

The wording used by the law is “necessity of use.” In practice, courts interpret this to mean that the need must be genuine, sincere and necessary, and the landlord seeking eviction bears the burden of proving it. Simply saying “I will live here” is not enough; the court will want to see concrete reasons why this particular property is needed.

There are three additional criteria that have become established in practice. A temporary need that does not have a continuing character does not constitute a ground for eviction. A need that has not yet arisen or that depends on an event expected to occur only in the distant future is also not accepted as a ground for eviction. In addition, it is not enough for the need to exist only on the date the action is filed; it must continue throughout the proceedings.

For the tenant, this means the following: if you believe the landlord’s real purpose is to increase the rent or rent the property to someone else for a higher amount, this is precisely what the court examines. Anything demonstrating that the alleged need is not genuine may be evaluated in the proceedings.

For the landlord, the practical implication is this: ask yourself honestly about the need before filing the action. A concrete and continuing circumstance, such as permanently returning to Türkiye from abroad, may satisfy this test; “I may use it someday” does not. The fact that you own another property does not, by itself, defeat the action; the court evaluates all of the evidence together. Every piece of evidence, however, must ultimately address whether the claimed need is genuine.

When can the landlord bring an action, and how long is the time limit?

For a fixed-term lease, the landlord must bring an eviction action based on need within one month from the expiry of the lease term. This one-month period is a mandatory preclusive period; in other words, the court must consider the time limit on its own initiative even if the tenant does not raise it, and an action brought out of time will be dismissed. The calculation is different for an indefinite-term lease, and a lawyer should be consulted regarding that calculation.

There is another rule that many tenants are unaware of. If the landlord has notified the tenant in writing, no later than within this one-month period, that an action will be brought, the period for filing the action is deemed to be extended by one rental year. Therefore, receiving a written notice before the expiry of the lease stating, for example, “I need the property, I will not renew the lease, and I will bring an action,” does not mean that you are safe once one month has passed; the landlord may bring the action until the end of the extended rental year.

For this notice, and for any notice of termination in a residential tenancy, to be valid, it must be made in writing. A verbal or telephone statement saying “move out” is not a legally valid notice. Which written form provides sufficient proof depends on the circumstances; a notice sent through a notary public is generally the least controversial method from an evidentiary perspective.

The house was sold, and the new owner wants me to leave

The sale of the property is not, by itself, a ground for eviction; sale is not among the statutory grounds. However, the law provides a separate route for a new owner who needs the property, and that route has its own requirements.

If the new owner needs the property for himself or herself or for one of the relatives listed above, the new owner may, provided that the tenant is notified in writing within one month from the date of acquisition, terminate the lease by bringing an eviction action six months after the acquisition. If the one-month notice is not given, this route is no longer available.

The new owner has a second option: the new owner may, instead, wait until the end of the contractual term, like the former owner, and bring an eviction action within one month after the expiry of the term.

In both routes, the requirement that the need be genuine and necessary applies in exactly the same way. Merely having purchased the property does not, by itself, prove the need.

Mandatory step before filing suit: mediation

Since September 1, 2023, applying to a mediator before filing an action has been a condition precedent to litigation for disputes arising from lease relationships. An eviction action based on the landlord’s need is also included.

If an action is filed directly without first applying to a mediator, the court will dismiss the case on procedural grounds without examining the merits.

For the landlord, the sequence is therefore: written notice, mediation, lawsuit.

The mediator concludes the process within three weeks from the date of appointment; in mandatory cases, this period may be extended by a maximum of one additional week. If the parties reach an agreement, no lawsuit is filed. If they fail to agree, the mediator prepares a final record, and the action may then be filed before the Civil Court of Peace together with that record. In lease disputes, the competent court is the Civil Court of Peace regardless of the monetary value of the claim.

There is an important point for a landlord who is subject to the one-month filing period: preclusive periods do not run from the date the application is made to the mediation office until the date the final mediation record is issued. In other words, the mediation process does not consume the one-month period for bringing the action.

Mediation is not merely a mandatory formality for either side. Issues such as additional time to move, moving expenses, or the manner in which the property will be handed back can be discussed and settled there. Both parties benefit from entering the process prepared.

The landlord evicted me and then rented it to someone else: the three-year rule

This is one of the least-known and most practically important provisions of the law. If the landlord has obtained possession of the property on the ground of personal or family need, the landlord may not, without a legitimate reason, rent the property to anyone other than the former tenant for three years.

A landlord who violates this rule must pay compensation to the former tenant in an amount not less than the one-year rent paid in the last rental year. This is the statutory measure: not a fixed amount, but at least one year’s rent.

The law recognizes an exception for a legitimate reason. If circumstances genuinely require the landlord’s plans to change, the exception may apply. What constitutes a legitimate reason must be assessed separately in each case.

For the landlord, the practical meaning is this: if the need was merely a pretext, this route can be costly. For the tenant, if you discover that the property you vacated on the ground of need has been rented to someone else within three years, you may have a right to claim compensation. Consult a lawyer regarding how and within what period this right should be exercised.

The situation is different for holiday and seasonal rentals

The rules discussed in this article apply to residential leases and leases of roofed business premises. The law contains an exception: these provisions do not apply to leases of immovable property intended, by its nature, for temporary use where the rental period is six months or less.

Seasonal holiday-home rentals, which are common along the Bodrum, Marmaris and Fethiye coast, may often fall within this exception. Whether the protections described in this article apply to your seasonal lease depends on the duration and purpose of the agreement.

If you are a tenant or a landlord: a short checklist

If you are a tenant:

• You do not have to move out merely because the landlord verbally says “move out”; eviction generally requires a court action.

• The two key questions are whether the landlord is claiming need for a person listed in the law and whether that need is genuine and necessary.

• If you receive a written notice, take it seriously; the time limit for bringing an action may have been extended by one rental year.

• If you receive an invitation to mediation, attend it; issues such as additional time to move can be negotiated there.

• Keep the property in mind for three years after moving out; if it is rented to someone else, you may have a right to claim compensation.

If you are a landlord:

• The need must concern one of the persons listed in the law; this ground is not available for a sibling or nephew or niece.

• You bear the burden of showing that the need is genuine, continuing and necessary; “perhaps someday” is not enough.

• The period is one month and the court considers the time limit on its own initiative; it may be extended through a written notice.

• Mediation is mandatory before filing suit; if it is skipped, the action will be dismissed on procedural grounds.

• After obtaining possession on the ground of need, you may not rent the property to another person for three years; if you do, you may have to pay compensation of at least one year’s rent.

Summary

• Expiry of the lease term alone is not a ground for eviction; the grounds are set out by law and cannot be modified to the detriment of the tenant.

• Eviction based on need may be sought only for the landlord, the landlord’s spouse, descendants, ascendants, or persons whom the landlord is legally obliged to support.

• The need must be genuine, sincere and necessary; a temporary or merely prospective need is not sufficient, and the burden of proof lies with the landlord.

• The action must be filed within one month from the expiry of the lease term; if a written notice has been given, the period may be extended by one rental year.

• New owner: written notice within one month of acquisition and an action six months later; alternatively, an action within one month after the contractual term expires.

• Mediation is mandatory before filing suit; the competent court is the Civil Court of Peace.

• There is a three-year prohibition on renting the property to another person after eviction on the ground of need; breach may result in compensation of at least one year’s rent.

• These rules do not apply to seasonal holiday-home rentals of six months or less where the property is by its nature intended for temporary use.

This article has been prepared on the basis of the legislation in force in Türkiye as of September 22, 2026. It is intended for general informational purposes only and does not constitute legal advice in relation to any specific case.