Evicting a Non-Paying Tenant in Turkey: The Two-Notice Rule

When a tenant in Turkey stops paying rent, the law provides two legally distinct routes to eviction. Many landlords — especially those new to the Turkish rental market — confuse the two or try to rely on informal pressure. Neither approach works reliably. Understanding the correct legal procedure makes the difference between an eviction that succeeds in court and one that collapses on a technicality.

Route One: Default Termination Under TBK Article 315

The first route applies when a tenant fails to pay rent that is already due. Under Article 315 of the Turkish Code of Obligations (TBK), a landlord may give the tenant written notice setting a payment deadline. For residential and roofed commercial premises, this deadline must be at least thirty days from the date the notice is served. For other types of rental agreements, a ten-day period applies.

The notice must be in writing. It should clearly identify the unpaid amount and the period it covers. Verbal demands, phone messages, or messaging-app reminders carry no legal weight under this provision.

If the tenant pays in full before the deadline, the landlord's right to terminate under this route disappears entirely. The contract continues without interruption. This is a critical limitation: a landlord cannot rely on the notice if the tenant responds with payment within the allotted time.

If the tenant does not pay by the deadline, the landlord may declare the contract terminated. If the tenant still refuses to vacate, the landlord can pursue eviction either through the civil enforcement (icra) system or by filing a court claim for eviction.

Route Two: Two Valid Notices in One Rental Year (TBK Article 352)

The second route operates more slowly but is considerably harder for the tenant to escape. Under Article 352 of TBK, if a landlord sends at least two valid written notices regarding unpaid rent within a single rental year, the landlord acquires the right to terminate the contract through a lawsuit at the end of that year.

The practical difference between the two routes is significant. Under Route One, if the tenant pays before the deadline, the landlord loses the termination right. Under Route Two, the right to bring a court action accumulates from the moment the second valid notice is issued — regardless of whether the tenant later makes payment.

The termination lawsuit must be filed within one month after the end of the rental year in which the two notices were given. This is a strict statutory window; missing it means the landlord must wait for the following rental year before the two-notice count resets.

What Makes a Notice Valid?

Not every payment reminder qualifies as a valid ihtar (formal notice). For a notice to count toward the two-notice threshold under TBK 352, it must:

• Be in written form
• Clearly state the overdue amount and the rental period it covers
• Relate to an obligation that is genuinely owed and unpaid
• Be formally served — by registered mail (taahhütlü mektup), notary, or an equivalent official method

The landlord should retain proof of delivery. Without it, a tenant can argue in court that the notice was never received, which would undermine the entire Route Two case.

How the Two Routes Work Together

In practice, the routes often interact in a pattern like this: in month three of the rental year, the tenant fails to pay. The landlord sends a written notice under TBK 315 with a thirty-day payment deadline. On day twenty-eight, the tenant pays — the termination right under Route One evaporates, but the notice remains valid. Three months later the same scenario plays out again, and the landlord sends a second notice. The tenant pays again, just before the deadline. At that point, the landlord holds two valid notices within the same rental year. When that rental year ends, the landlord has one month to file a termination lawsuit under Route Two — even though the tenant technically paid both times.

This is the practical significance of the two-notice rule: it protects landlords against tenants who treat late payment as a routine tactic, relying on always settling just before the deadline to avoid eviction.

A Note for Landlords in Antalya

Antalya's rental market includes a substantial number of foreign tenants, seasonal residents, and long-term expats. Language barriers and unfamiliarity with Turkish legal procedure sometimes cause landlords to delay taking the right steps at the right time. The deadlines here are not flexible — the thirty-day notice period under TBK 315 and the one-month window to file after the rental year ends are both firm.

Getting legal advice at the first missed payment is considerably more effective than seeking it after several cycles of late payment have already passed. At that point, reconstructing the notice history and proving proper service becomes the real challenge.

For a related topic, our article on eviction based on the landlord's personal need covers the separate TBK route for landlords who need to reclaim their property for personal use. Disputes over security deposits often arise alongside payment disputes and are governed by a separate set of rules.

Frequently Asked Questions

Q: Can both notices be sent on the same day?

No. Two notices sent simultaneously, or very close together, will not satisfy the two-notice requirement under TBK 352. Each notice must relate to a separate instance of non-payment and the two should be distributed across the rental year.

Q: Is a WhatsApp message sufficient as a formal notice?

No. Turkish courts consistently require written notice that is formally served. A message sent via WhatsApp, SMS, or email does not constitute a valid ihtar for the purposes of either TBK 315 or TBK 352. Use registered mail or a notary.

Q: What happens if the tenant voluntarily vacates after the second notice?

If the tenant leaves before a lawsuit is filed, no court action is necessary. The two-notice rule creates the right to bring a termination claim — it does not automatically dissolve the tenancy. The right becomes relevant only when the tenant refuses to leave.

Q: Do these rules apply to commercial leases?

Both TBK 315 and TBK 352 apply to roofed commercial premises (çatılı işyeri), which account for most business rental properties. Whether a specific lease falls under these provisions depends on its type and terms.

Q: Is the eviction permanent once the court orders it?

Yes. A court judgment terminating the lease and ordering eviction is fully enforceable. The tenant is required to vacate by the date set in the judgment, and if they do not, enforcement can be carried out through the civil execution system.

How Mona Hukuk Can Help

Mona Hukuk assists landlords and tenants in Antalya and across Turkey with all aspects of rental law, including drafting formal notices, managing enforcement proceedings, and conducting eviction litigation. We advise clients from the first missed payment through to court judgment.

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