Your Istanbul Tenant Won't Pay or Won't Leave: The Eviction Routes Open to a Foreign Landlord
July 30, 2026Real Estate

Your Istanbul Tenant Won't Pay or Won't Leave: The Eviction Routes Open to a Foreign Landlord

All Articles
Att. Latif AktaşIstanbul Bar Association / Registration Number 79138Last updated: August 2, 2026
In Turkey, a residential lease expiring does not, by itself, put anyone out of the property: the law protects tenants with strong procedural safeguards, and the contract renews automatically. The picture is not without exits. There are defined routes to eviction and to collecting arrears, each with its own conditions and realistic timeline, and choosing the right one on day one saves months. An owner living abroad — and many bought precisely as citizenship investors — runs all of it remotely under a power of attorney, without setting foot in Turkey.

If the tenant is not paying: the enforcement track, usually the fastest

Non-payment opens the fastest practical route: an enforcement request with a payment-or-eviction notice served through the enforcement office (icra). The tenant has thirty days to pay and seven days to object to the request. If payment does not arrive within the period, the enforcement court is asked to order eviction. An advantage often overlooked: this track is exempt from the mandatory mediation that precedes ordinary rent lawsuits, so it starts immediately, with no pre-litigation mediation sessions.

The realistic timeline in an uncomplicated file: three to eight months to actual eviction. A tenant's bad-faith objection lengthens the road but does not close it, and adds costs and penalties that make stubbornness expensive.

This is where day-one documentation earns its keep: a written contract, and rent paid through a bank rather than hand to hand. Undocumented cash rent is the first thing that derails this track, because proving the arrears becomes a dispute of its own.

The written eviction undertaking: the strongest card, if it is valid

The eviction undertaking (tahliye taahhütnamesi) is a document in which the tenant commits in writing to vacate on a stated date. If valid (and the key validity condition is that it was signed after the property was handed over rather than on the day of the lease itself), it opens a direct enforcement route when the date arrives, or a comparatively fast lawsuit. The usual tenant defences, denying the signature or claiming the date was left blank, are familiar to the courts and have their answers, but they slow the file. Which is why the undertaking should be drafted properly in the first place: dated correctly, witnessed sensibly, worded cleanly. A good undertaking is written the day the tenant moves in and used years later.

The lease ending is not enough by itself: so when can a tenant be evicted?

This is the point that surprises foreign landlords most. In residential tenancies, expiry of the term does not give the landlord a right to evict; the lease renews automatically. The exceptions are defined by statute. The landlord's or a close relative's genuine need to live in the property; courts test that genuineness seriously. The new owner who bought a tenanted property, who may notify the tenant within one month of acquisition and sue for eviction six months later if the need is real, or sue within one month of the term's end. And the ten-year rule, which allows termination without cause after ten years of renewals, on three months' notice. A landlord who evicts for need and then rents to someone else within three years without legitimate reason owes the tenant compensation; the need action is not a device, and courts treat it accordingly.

These lawsuits pass first through the mandatory mediation applied to rent disputes since September 2023, then to court if no settlement emerges. Realistic length including appeal: usually one to two years. Not short, but predictable in direction when the conditions are genuinely met.

For the landlord managing from abroad: four foundations

A power of attorney executed at a Turkish consulate or before a notary with apostille, covering litigation, enforcement and collection. A Turkish tax number and a bank account through which the rent flows. A properly drafted written lease rather than an internet template. And an organised archive of correspondence and receipts. In eviction files, the party with the better paperwork has the shorter timeline.

Questions we are asked often

I bought an apartment with a long-standing tenant paying far below market. What are my options? The new-owner route: notice within one month of acquisition, suit after six months on genuine need, or a suit within one month of the term's end. In parallel, a rent determination action can move the rent toward market value without eviction.

Do I need to come to Turkey for any step? No. A properly scoped power of attorney covers the entire route, from the first notice to taking back the keys.

The tenant left unpaid utility bills. Who bears them? Utility contracts in the tenant's name are the tenant's own debts, and they can be pursued through enforcement. The problem arises when meters were left in the landlord's name; that is a handover detail a good lease and a signed handover record settle in advance.

Uçkun Aktaş Öksüm acts for owners living outside Turkey in rent collection and eviction matters: assessment and route selection, then conduct of the enforcement or court track through to handover of the property. This note is general information, not legal advice on any specific case, and reflects the law in force in July 2026.

Related practice area: Real Estate Law

Consultation

You may send your questions and documents regarding your situation; enquiries are treated in confidence.