Eviction for Landlord's Personal Need in Turkey (TBK Art. 350)

One of the most common routes landlords in Turkey take to terminate a lease is to invoke personal need — claiming that the property is required for their own use or that of a close family member. Article 350 of the Turkish Code of Obligations (TBK) governs this ground for eviction and places specific conditions on how it may be used.

Who Qualifies as a "Needy" Person?

Under TBK Art. 350, a landlord may terminate a lease if the property is needed for use by:

• The landlord themselves,
• Their spouse,
• Descendants (children, grandchildren),
• Ascendants (parents, grandparents),
• Other persons the landlord is legally obliged to support.

This list is exhaustive. Siblings, fiancées and similar relatives fall outside it. Court of Cassation (Yargıtay) decisions consistently reject eviction claims based on the needs of persons not listed in the statute.

The claimed need must also match the type of property: a residential need justifies eviction from a dwelling, and a business need justifies eviction from a commercial premises. Cross-category claims are rejected.

The Need Must Be Genuine

The Court of Cassation's 3rd Civil Division has established that the need must be real, concrete and present — not hypothetical or anticipated for the distant future. Practical implications:

• The landlord cannot terminate the lease simply by stating that the property "might" be needed one day.
• If the landlord already has an available comparable property, the claim of necessity will be disputed.
• The burden of proof lies with the landlord: documentation such as current lease agreements for the landlord's own residence, title search results showing no other available property, and witness testimony all carry weight.

Filing Deadlines

Fixed-Term Leases

For a fixed-term lease, the lawsuit must be filed within one month of the contract's expiry date (TBK Art. 354). This is a forfeiture period — missing it means losing the right to sue on that grounds for the entire upcoming lease period.

Open-Ended Leases

For an open-ended lease, the landlord must first serve a termination notice in accordance with the statutory notice periods and then file the claim within one month of the date specified in the notice.

New Owners (TBK Art. 351)

A person who acquires a property subject to an existing lease may also bring a personal-need eviction claim. The new owner must:

1. Notify the tenant in writing within one month of acquisition, and
2. File the claim six months later.

Failure to meet either deadline extinguishes the right to rely on personal need for that period.

The Three-Year Re-Letting Prohibition

Evicting a tenant on grounds of personal need comes with a significant restriction: the landlord may not let the property to anyone other than the former tenant for three years without a legitimate justification (TBK Art. 355). Breach of this prohibition entitles the former tenant to claim all losses suffered as a result of the eviction. This provision is designed to prevent landlords from fabricating a personal need simply to clear the property and re-let it at a higher market rate.

Common Mistakes

Missing the One-Month Filing Window

Because the one-month period runs from the contract's expiry date, landlords who delay consulting a lawyer frequently find that the deadline has already passed. If the window is missed, the landlord must wait for the next lease renewal period.

Insufficient Evidence of Need

Courts do not accept vague assertions. A landlord must demonstrate the concrete circumstances that create the need — typically supported by documentation of current housing, tax filings and declarations, and witness accounts.

Ignoring the Post-Eviction Restriction

Where a landlord evicts on grounds of personal need and then re-lets within three years, the former tenant may bring a damages claim. In commercial leases, this can involve substantial sums.

Tenant Defences

A tenant facing this type of claim may argue:

• The need is fabricated: the landlord has another suitable property already available,
• The need has ceased: since the claim was filed, the circumstances giving rise to the need have changed,
• The filing deadline was missed: the lawsuit was not brought within the statutory one-month window,
• The person named does not qualify: the individual whose need is cited does not fall within TBK Art. 350's list.

Practical Note for Foreign Landlords and Tenants

For foreign property owners in Turkey, the procedural nature of these claims is particularly important. A foreign landlord who has purchased a property to retire to or for family use must comply strictly with notice requirements and filing deadlines. A foreign tenant unaware of Turkish procedural rules may fail to mount an effective defence. In both cases, early legal advice is essential.

Legal Assistance

Personal-need eviction proceedings in Turkey require careful attention to procedural deadlines, evidence preparation and the specific requirements of Turkish courts. MONA HUKUK advises both landlords and tenants in Antalya on eviction proceedings — from initial strategy through to trial and enforcement.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation.