The Tenant Is Not Paying Rent: What Can the Landlord Do?

Short answer: A landlord cannot evict a tenant on their own. The law provides two procedures.

• First option: Initiate eviction proceedings through the enforcement office.

• Second option: Bring an eviction action before the Civil Court of Peace after serving two justified notices within one rental year.

There is an important practical difference between these two options. In the first procedure, mediation is not required. In the second, applying to a mediator before filing the lawsuit is mandatory.

Both procedures are explained step by step below. The matters tenants need to know are also covered separately, including the objection period, how payment affects the proceedings, and the treatment of expenses such as electricity and water bills.

Terminology note: Eviction means the tenant vacating the rented property. Throughout this article, “lessor” and “landlord” refer to the same person.

When Is Rent Considered “Unpaid”?

The first thing to check is the payment date. If the lease agreement specifies a payment date, that date applies.

If neither the agreement nor local custom provides otherwise, Article 314 of the Turkish Code of Obligations (TCO) applies. Under this provision, the tenant must pay the rent at the end of each month, and in any event no later than the end of the lease term.

In legal terminology, rent that has reached its payment date is described as due and payable. “Due” means that the payment date has arrived and the amount can be demanded. Both procedures described below are based on rent that is due but remains unpaid. Serving a notice in respect of rent whose payment date has not yet arrived does not provide a basis for these procedures.

Can the Landlord Evict the Tenant Personally?

The procedures provided by law are eviction enforcement proceedings initiated through the enforcement office and an eviction action brought before a court. The tenant is evicted pursuant to an eviction order issued at the end of one of these procedures.

There is also a limit under criminal law. Article 116 of the Turkish Penal Code (TPC) criminalises entering a person's dwelling against their consent. Entering a property occupied by a tenant without the tenant's consent may constitute this offence.

Whether acts such as changing the locks or removing the tenant’s belongings constitute a particular criminal offence is a separate question. This must be assessed in light of the circumstances of each individual case.

First Option: How Do Eviction Enforcement Proceedings Work?

In practice, this procedure is called eviction enforcement proceedings without a court judgment (ilamsız tahliye takibi). A judgment (ilam) means a court decision. Proceedings without a judgment are initiated directly through the enforcement office without an existing court decision. The relevant rules are set out in Article 269 and the following articles of the Turkish Enforcement and Bankruptcy Law (EBL).

1. Enforcement proceedings are initiated. The landlord initiates enforcement proceedings through the enforcement office for the unpaid rent. The landlord also requests the tenant’s eviction in the application for enforcement.

2. A payment order is served on the tenant. If eviction is requested, the payment order contains two elements. First, it warns the tenant that the rent must be paid within a specified period. Second, it informs the tenant that, if that period expires, the landlord may request the tenant’s eviction from the enforcement court.

The warning contained in the payment order is referred to in the statutory text by references to the former provisions of the Code of Obligations. Today, this reference is understood as the default notice under Article 315 of the Turkish Code of Obligations. Default means that a debt has not been paid when due.

For residential leases, the tenant must be granted at least thirty days to pay (TCO, Article 315). This period begins on the day following the date on which the written notice is served on the tenant.

3. The tenant has seven days to object. The tenant must submit the grounds for objection to the enforcement office within seven days of service of the payment order. “Service” means the official delivery of a document to the relevant person. An objection suspends the enforcement proceedings.

4. Eviction is requested from the enforcement court. If the tenant does not object and also fails to pay the rent within the notice period, the landlord applies to the enforcement court. This application must be made within six months following the expiry of the notice period. Upon the landlord’s request, the enforcement court orders the tenant’s eviction.

5. The order is enforced. It is not necessary to wait for the enforcement court’s eviction order to become final before enforcing it. Finality means that the available means of appeal against the decision have been exhausted. However, ten days must pass after the decision has been notified to the tenant.

Is Mediation Required for This Procedure?

No. Article 18/B of the Law on Mediation in Civil Disputes makes applying to a mediator before filing a lawsuit a procedural precondition for disputes arising from lease relationships. A procedural precondition is a requirement that must be fulfilled before legal proceedings can be brought.

The same article also provides an exception. The provisions of the Enforcement and Bankruptcy Law concerning the eviction of leased immovable property through enforcement proceedings without a court judgment are excluded from this rule. Accordingly, mediation is not required for eviction enforcement proceedings initiated through the enforcement office.

Mediation is required, however, for an eviction action based on two justified notices. This distinction directly affects the choice of procedure and is not widely known.

What Happens If the Tenant Objects?

An objection suspends the enforcement proceedings. What happens next depends on the content of the objection.

If the tenant denies the lease agreement or their signature: If the landlord has a lease agreement drawn up by a notary or bearing a signature certified by a notary, the landlord may ask the enforcement court to remove the objection and order the tenant’s eviction. “Removal of the objection” means that the enforcement court eliminates the objection preventing the proceedings from continuing.

If there is no such agreement, the landlord must bring a lawsuit under the general provisions of law. For this reason, having the lease agreement drawn up by a notary or having the signature notarised keeps the enforcement court procedure available if an objection is raised.

If the tenant accepts the lease agreement but claims that the rent has been paid: The law places the burden of proof on the tenant in this situation. Under Article 269/c of the Enforcement and Bankruptcy Law, the tenant must prove payment using one of the following documents:

• A document drawn up by a notary or bearing a signature certified by a notary;

• A document accepted by the landlord;

• A receipt or document issued, within their authority and in accordance with the applicable procedure, by an official office or competent authority.

Whether a particular document qualifies under these categories must be assessed in the circumstances of the individual case. The practical point for tenants is that the way payment is documented may be decisive at the objection stage.

Second Option: An Eviction Action Based on Two Justified Notices

This procedure is governed by Article 352(2) of the Turkish Code of Obligations. The legal framework is as follows:

• For lease agreements with a term of one year or longer: Two justified written notices must have been served on the tenant within one rental year because the rent was not paid. The action must be brought within one month starting from the end of the rental year in which the notices were served.

• For lease agreements with a term of less than one year: Both notices must be served during the lease term. The action must be brought within one month starting from the end of the lease term.

A notice is a written warning requesting payment of a debt. For a notice to be justified, the rent’s payment date must have arrived and the rent must genuinely remain unpaid. A notice concerning rent that has already been paid or whose payment date has not yet arrived does not count towards the two-notice requirement.

For example, suppose the rental year under a lease agreement begins at the beginning of May. If two justified notices are served for two separate unpaid rent payments during that rental year, the action must be brought within one month beginning at the end of April, when the rental year ends. If this deadline is missed, the possibility of bringing an action on the basis of the notices served during that rental year cannot be exercised in the manner provided by law.

This procedure has three features:

• It can only be pursued through a lawsuit. The law refers to termination “by way of a lawsuit” for this ground; eviction enforcement proceedings through the enforcement office cannot be used on this basis.

• The competent court is the Civil Court of Peace. Article 4 of the Turkish Code of Civil Procedure assigns disputes arising from lease relationships to the Civil Courts of Peace, regardless of the value or amount in dispute.

• Mediation must take place first. As explained above, mediation is a procedural precondition for this action.

Do Electricity, Water and Building Maintenance Charges Also Fall Within These Procedures?

Ancillary expenses are expenses, separate from the rent itself, that the tenant has undertaken to pay under the lease agreement. Water, electricity and building maintenance charges may fall into this category.

There is a difference in wording between the two statutory provisions:

• The provision on termination for default (TCO, Article 315) expressly refers to “the rent or ancillary expenses.” This means that non-payment of ancillary expenses is also covered by this provision.

• The provision on two justified notices (TCO, Article 352(2)) refers only to failure to pay “the rent.” It does not separately mention ancillary expenses.

The treatment of ancillary expense debts under the two-justified-notice procedure cannot be determined directly from the wording of the statute. This issue should be assessed in light of the circumstances of the individual case.

What Happens If the Tenant Pays the Debt?

For enforcement proceedings, the law is clear: under Article 269/a of the Enforcement and Bankruptcy Law, the enforcement court may order eviction only if the tenant has not objected and has also failed to pay the rent within the notice period. If the tenant pays the rent arrears within that period, eviction cannot be sought through this procedure.

The provision does not separately specify which items the payment must cover—for example, whether interest and enforcement costs must also be paid. This must also be assessed according to the circumstances of the individual case.

It is important for tenants to distinguish between the following deadlines:

• The deadline for objecting to the payment order is seven days.

• The period granted for payment of rent in a residential lease is at least thirty days.

These are different periods and have different legal consequences.

What Is the Difference Between the Two Procedures?

Eviction enforcement proceedings through the enforcement office

Eviction action based on two justified notices

Legal basis

EBL, Article 269 et seq.; TCO, Article 315

TCO, Article 352(2)

Where to apply

Enforcement office, followed by the enforcement court

Civil Court of Peace

Mediation

Not required

A procedural precondition

Effect of payment by the tenant

Payment within the notice period prevents eviction through this procedure

Two justified notices must have been served within one rental year

Time limits

Seven days to object; at least thirty days to pay; eviction must be requested within six months following the expiry of the notice period

The action must be brought within one month starting from the end of the rental year in which the notices were served

Which procedure is appropriate depends on the form of the lease agreement, the rental periods that remain unpaid and the tenant’s conduct.

Summary

• The landlord cannot evict the tenant personally. Entering the dwelling without the tenant’s consent may constitute an offence under Article 116 of the Turkish Penal Code.

• Unless another payment date has been agreed, rent is payable at the end of each month (TCO, Article 314).

• The first option is eviction enforcement proceedings initiated through the enforcement office. Mediation is not required.

• The deadline for objecting to the payment order is seven days. For residential rent, the tenant must be given at least thirty days to pay.

• If the tenant does not object and fails to pay within the notice period, eviction may be requested from the enforcement court within six months following the expiry of that period. Ten days must pass after notification of the decision before it can be enforced.

• If the tenant claims to have paid, they must prove payment using documents specified by law.

• The second option is an eviction action based on two justified notices. The action must be brought before the Civil Court of Peace within one month starting from the end of the rental year in which the notices were served. Mediation must take place first.

• Ancillary expenses are expressly mentioned in the default provision but are not mentioned in the provision governing two justified notices.

This article was prepared in accordance with the legislation in force on 20 October 2026.

This text is intended for general informational purposes and does not constitute legal advice concerning any specific case.