The New Owner's Right to Evict for Need When Leased Property Changes Hands

When you buy a tenanted property in Turkey, you inherit the existing lease as it stands: a sale does not break a lease. Yet the Turkish Code of Obligations grants a new owner who genuinely needs the property for themselves or their close family a special eviction route that works far faster than the ordinary need-based procedure. This is a narrow right tied to the exact moment ownership changes, and it is strictly bound by deadlines.

Legal Basis: TBK Article 351

Under Article 351 of the Turkish Code of Obligations (Law No. 6098), a person who subsequently acquires a leased property may terminate the lease if they need it as a home or a business premises for themselves, their spouse, their descendants, their ascendants, or others they are legally obliged to support. To do so, they must notify the tenant in writing within one month of the acquisition date and may then end the lease through an action filed six months later.

"Acquisition" here is not limited to a purchase. A gift, an inheritance, a sale through enforcement proceedings, or any transfer of ownership all count as the acquisition that triggers this special right. What matters is that ownership of the property changed while the tenant was already in place. This is precisely why the article stands apart from the ordinary need-based action used by a landlord who held title throughout the tenancy: it is a special exception attached to the moment of a change in ownership.

How It Relates to "A Sale Does Not Break a Lease"

The baseline rule in Turkish law is that a sale does not break a lease: on transfer, the lease passes automatically to the new owner on identical terms, and the mere fact of purchase confers no right to evict. Article 351 is not a blanket exception to this principle but a narrow escape route. The new owner may evict the tenant not simply because they bought the property, but only when they prove a concrete, genuine need for a home or business premises. Without such need, the lease continues on its existing terms.

The right also differs from the ordinary need-based action a landlord brings under TBK Art. 350. On the ordinary route, the landlord must wait for a fixed-term lease to expire and then file within one month; where the term is long, this can mean waiting years. The new owner's special right, by contrast, allows an action six months after the acquisition date without waiting for the term to end. In this sense Article 351 combines elements of lease continuity and of ordinary need-based eviction, yet follows its own expedited procedure.

The One-Month Notice: The Heart of the Right

The most critical element of this fast route is the written notice that must reach the tenant within one month of acquisition. This one-month period is a forfeiture deadline. If the new owner fails to notify the tenant of the need in writing within one month of registering title, they lose the expedited right that Article 351 confers. To secure proof, serving the notice through a notary is strongly recommended.

A new owner who misses the one-month notice is not left without options, but can no longer use the fast track. They may still exercise the need-based termination through an action filed within one month of the lease term expiring — in other words, by falling back to the ordinary need-based regime. In short, missing the one-month notice closes the six-month fast track and leaves the new owner waiting until the end of the lease term.

The Genuine Need Requirement

Meeting the notice deadline is not enough on its own. In need-based cases the Court of Cassation consistently requires the need to be genuine, sincere, and compelling. A temporary, abstract, or merely anticipated future need does not suffice, and the need must persist throughout the proceedings. If the new owner has another suitable home available, the reality of the need can be called into question. The burden of proof lies with the new owner.

A safeguard also operates after eviction: an owner who evicts a tenant for need by court order may not, without just cause, lease the property to anyone other than the former tenant for three years. Breaching this rule can expose the owner to liability for damages in favour of the former tenant.

A Practical Guide for Foreign Buyers of Tenanted Property

For foreign investors buying a tenanted home or business premises in Antalya, Article 351 is critical. Buyers expecting vacant possession often realise only later that the lease continued automatically after the sale. In practice, the following steps matter:

• Before buying, check whether the property is tenanted, and confirm the type and remaining term of the lease.
• If you genuinely need the property for your own use, do not miss the one-month notice window running from the title transfer; serve the notice through a notary.
• Plan to file the eviction action six months after the notice; this period is the time to sue, not an automatic eviction.
• Support your need with documents (your residence situation, the absence of another home, and so on).
• Vacant possession is not a guaranteed expectation; structure your sale contract and timing accordingly.

Frequently Asked Questions

I bought a tenanted home — can I evict the tenant immediately? No. The sale does not end the lease. If you have a genuine need, you may serve written notice within one month of acquisition and file an eviction action six months later.

What happens if I miss the one-month notice? You lose the expedited right. You can still pursue need-based eviction on the ordinary route, through an action filed within one month of the lease term expiring.

Does the tenant leave automatically once six months pass? No. The six months is when you may file the action. Eviction occurs only by court order.

Does this right exist only for a purchase? No. Anyone who subsequently acquires the property by gift, inheritance, or any transfer of ownership can rely on it.

How Mona Hukuk Can Help

For purchases of tenanted property, a new owner's need-based eviction demands careful timing across the one-month notice, the six-month wait, and proof of need. Our Antalya team assists investors buying tenanted property from pre-purchase assessment through notice and litigation, and helps tenants build a defence against unlawful eviction.

For advice in Antalya, write to contact@monahukuk.com or call +90 (242) 606 14 32.