Tenancy and eviction help in Fethiye

Who needs an eviction lawyer in Turkey?

Foreign landlords and tenants can face a tenancy dispute even where both sides believe the position is obvious. A lease may be in Turkish, English or two languages; rent may be paid in lira or foreign currency; and a notice sent by message may not prove the service or legal ground required for a case. The first task is to classify the contract, property, parties, dates and evidence.

Av. Seyfullah Yanatma advises landlords seeking rent, possession or compliance and tenants facing an allegedly wrongful increase, notice or eviction. The service can cover a residential home, villa, apartment or roofed workplace in Fethiye and nearby areas, within the agreed scope. It does not promise possession, a fixed timetable or a particular court outcome.

How can Av. Yanatma help a landlord or tenant?

He can review or prepare a tenancy contract and its amendments, assess the rent clause and deposit, organise arrears and bank records, and explain the effect of Turkish terms such as tahliye taahhüdü (written undertaking to vacate) and arabuluculuk (mediation). He can also:

• analyse the renewal date, rent calculation and any five-year rent issue;
• examine a genuine landlord or family need, reconstruction plan, new-owner need or tenant default;
• check whether a written undertaking was signed after delivery and whether its date and service support enforcement;
• prepare a written notice, mediation file, court pleading or enforcement-office response; and
• represent the client in the agreed mediation, enforcement or court work.

The lease and procedural record control the advice. A message saying “move out” or “the rent is now market price” is not automatically a legally effective notice.

What should a Turkish tenancy contract cover?

A useful agreement identifies the parties, property and permitted use, start date, term, rent, payment account, increase clause, deposit, utilities, repairs, subletting, notice addresses and handover condition. A foreign tenant should keep the signed Turkish version, any translation, inventory and photographs. A landlord should keep title or authority documents and a record of every payment and written communication.

What does Article 342 say about a deposit?

TBK Article 342 states: “Konut ve çatılı işyeri kiralarında sözleşmeyle kiracıya güvence verme borcu getirilmişse, bu güvence üç aylık kira bedelini aşamaz.” In English, agreed security for a home or roofed workplace cannot exceed three months’ rent.

If money or securities are agreed as security, the Article 342 arrangement places them with a bank so they cannot be withdrawn without both parties’ consent, finalised enforcement or a final court decision. After the lease ends, the landlord must notify the bank within three months if a related case or enforcement or insolvency proceeding has been started; otherwise the bank must return the security at the tenant’s request. The contract should not promise a different statutory mechanism without advice.

How do rent increases work for landlords and tenants?

TBK Article 344 says: “Tarafların yenilenen kira dönemlerinde uygulanacak kira bedeline ilişkin anlaşmaları, bir önceki kira yılında tüketici fiyat endeksindeki oniki aylık ortalamalara göre değişim oranını geçmemek koşuluyla geçerlidir.” The practical rule is that an ordinary residential renewal cannot exceed the relevant twelve-month average CPI change. The Turkey rent-increase guide explains the calculation and the expiry of the temporary 25% measure.

Article 344 also deals with leases lasting more than five years or renewed after five years. A court can determine the new rent by considering the twelve-month CPI average, the condition of the property, comparable rents and fairness. A foreign-currency clause has a separate five-year rule under the article, subject to the Turkish Currency Protection Law and the hardship provision in Article 138. Keep the renewal date, prior rent, TÜİK publication and written correspondence together.

On what grounds can a tenant be evicted?

A landlord needs a statutory ground and the correct procedure. The main Code of Obligations routes include:

Ground	What must be checked
Fixed-term renewal and ten-year rule	A landlord cannot rely on ordinary expiry; after the ten-year extension period, Article 347 allows termination without stating a reason if notice is given at least three months before the end of the relevant extension year.
Genuine landlord or family need	Article 350 refers to the landlord, spouse, descendants, ascendants or other persons for whom the landlord is legally responsible, and requires the statutory timing and case route.
Reconstruction or substantial alteration	Article 350 requires works that make occupation impossible during the work, together with the required timing and proof.
New owner’s need	Article 351 has a written-notice and six-month case route, with a separate option linked to the end of the contract. The purchase date and service must be checked.
Written undertaking to vacate	Article 352 covers a tenant who, after delivery, signed a written promise to leave on a specified date and did not do so.
Two justified warnings or payment default	Article 352 addresses two justified written warnings in the relevant rental period. Article 315 gives at least 30 days for residential or roofed-workplace payment default after the statutory notice.

What do Articles 350 and 351 say about landlord need?

Article 350 covers “konut ya da işyeri gereksinimi sebebiyle kullanma zorunluluğu” and work where “kiralananın kullanımı imkânsız ise”. Article 351 requires “edinme tarihinden başlayarak bir ay içinde” written notice before a six-month case.

What is the ten-year extension rule?

Article 347 says: “Kiraya veren, sözleşme süresinin bitimine dayanarak sözleşmeyi sona erdiremez.” A fixed-term home or roofed-workplace lease normally renews for one year on the same conditions unless the tenant gives notice at least 15 days before expiry. After ten years of extensions, the landlord can end it without giving a reason by notifying the tenant at least three months before the end of an extension year. Count the extension period from the actual lease history, not from a recent rent change.

What is a tahliye taahhüdü?

Article 352 provides: “Kiracı, kiralananın teslim edilmesinden sonra, kiraya verene karşı, kiralananı belli bir tarihte boşaltmayı yazılı olarak üstlendiği hâlde boşaltmamışsa…” The tenant must have undertaken in writing after delivery to vacate on a certain date. If the date passes, the landlord must choose the enforcement or case route within one month from that date. Signing date, handover evidence, wording, authority and service can all affect the result.

Is mediation mandatory before a tenancy lawsuit?

For most tenancy disputes filed from 1 September 2023, the parties must apply to a mediator before starting the court case and obtain the final mediation record. The rule comes from the mandatory-mediation provisions added to Law No. 6325 for disputes arising from rented immovable property. The parties can settle, partially settle or fail; a failed meeting does not decide who is right.

The statute makes an exception for certain eviction provisions pursued through non-judicial enforcement. That does not mean every rent or possession problem can skip assessment: the claim, enforcement document, objection and court stage must be classified separately. Do not wait until after a case is rejected for lack of the required mediation record.

How does enforcement-office eviction work?

Where the lease, arrears and statutory route allow it, a landlord may pursue an eviction through an enforcement office rather than beginning with an ordinary court case. The payment order, service, tenant objection and any later court application must follow the particular enforcement route. A tenant who receives an enforcement document should preserve the envelope or electronic service record and obtain advice promptly instead of treating it as an informal demand.

The debt-collection service covers the related enforcement and payment questions. A landlord should not change the locks, remove belongings or cut utilities as a substitute for the lawful possession route. A tenant should not ignore rent, notices or an enforcement file while waiting for an informal negotiation.

What documents should a landlord or tenant collect?

Start with the signed lease and every addendum, the title or authority document, passports or identity details, payment and bank records, deposit evidence, messages, emails, photographs, inventory, repair records and written notices. Add proof of delivery, the tenant’s or landlord’s stated address, the exact renewal history, any tahliye taahhüdü and the enforcement or mediation documents.

For a need-based case, preserve evidence of the stated need and the proposed use. For a payment case, reconcile the ledger with the contract and bank statements. For a tenant resisting eviction, preserve proof of payment, repair requests, occupancy and any pressure or defective notice. A translated summary helps, but the original Turkish document and service record remain important.

What are the timeframe and cost questions?

There is no single fastest eviction or universal notice period. Timing depends on the ground, contract dates, service, mediation, enforcement objections, court workload and evidence. The statutory 30-day payment-default notice in Article 315 is not a universal timetable for every ground. The one-month periods attached to a tahliye taahhüdü, two warnings or a new owner’s route must be calculated from the relevant event.

Official charges, enforcement expenses, mediation arrangements and legal fees depend on the chosen work and current tariff. Av. Yanatma does not publish a fixed price or promise a result. A written scope can separate contract review, notice, mediation, enforcement, litigation and post-decision work.

Which Fethiye courts and offices may be involved?

The 2025 Fethiye Justice Commission report lists Fethiye Sulh Hukuk Courts, Asliye Hukuk Courts, Enforcement Courts, a Labour Court and other judicial units. It identifies the main courthouse at Akarca Mah. M. Kemal Bulvarı No:210, Fethiye/Muğla. The correct court depends on the claim and procedure; a resort name such as Çalış or Göcek does not by itself answer venue.

Before filing, confirm the current court, enforcement office, mediator application route and service address for the property. A dispute involving a holiday rental may also involve the separate holiday rental permit service, while ownership, title or handover questions may require the property-law service.

For a contract, increase, unpaid rent, notice, tahliye taahhüdü, mediation or eviction problem, send the documents through the contact page for a transaction-specific assessment.