Eviction of the Tenant Due to Expiration of the Lease Term

1. Introduction

Lease agreements are indispensable both for meeting housing needs and for the continuation of commercial activity. The Turkish Code of Obligations (TCO) provides protective rules for tenants in respect of leases of dwellings and business premises, while at the same time enabling the lessor to terminate the lease relationship under certain conditions. One such regime is established by Article 347 of the TCO, which grants the lessor a termination right based on the passage of certain successive terms.

This study examines, within the framework of Article 347 of the TCO, the conditions for eviction, the computation of relevant periods, the form and formalities of the termination notice, and the litigation process.

2. Scope of Article 347 of the TCO

Pursuant to Article 347, where leases of dwellings and business premises are concluded for a fixed term, and the lessee does not terminate the contract at the end of that term, the lease is automatically extended by successive one-year periods. The lessor, however, generally cannot terminate the contract solely by reference to the mere expiry of the contractual term. Notwithstanding that rule, Article 347 grants the lessor the right to terminate the lease without stating any cause upon the expiry of the cumulative ten-year extension period.

In the case of leases for an indefinite term, the lessor may, after ten years have elapsed from the commencement of the tenancy relationship, terminate the lease by giving notice in accordance with the general rules on termination under the TCO. These two distinct regimes demonstrate that eviction on the ground of lease-term expiry is subject to different procedural and substantive requirements depending on whether the lease is fixed-term or indefinite-term.

3. Calculation of the Extension Period for Fixed-Term Leases

Under a fixed-term lease the parties initially agree on a determined duration. If the contract expires and the lessee fails to give notice of termination, the lease is renewed automatically for successive one-year periods.

For the lessor to be entitled to seek eviction on the ground of expiration, the aggregate of these successive renewal periods must reach ten years. Once that ten-year cumulative extension period has been completed, the lessor may terminate the lease by serving a written notice at least three months prior to the expiry of any subsequent renewal year. Failure to comply with this requirement renders the notice effective only for the next renewal year.

As established in case law, the starting point for calculating the ten-year period is not the date the original contract was signed but the accumulation of the successive renewal years. For example, where a lease originally commenced on 01.01.2010 as a one-year contract and the lessee did not give notice (so that it renewed year by year), the ten-year extension period would be completed on 01.01.2021. In that situation the lessor may terminate the lease by serving a written notice at least three months prior to the expiry of the renewal year that follows the completion of the ten-year period—in the example given, at least three months before the end of the renewal year falling on 01.01.2022.

4. Effect of Renewal Agreements and New Lease Contracts

In practice, parties often conclude supplementary protocols or enter into new lease contracts to continue the tenancy relationship. According to the relevant jurisprudence, where the parties have concluded a new lease agreement, the ten-year extension period begins to run anew from the date of that new agreement; in other words, each new contract resets the ten-year clock.

By contrast, proceedings instituted merely to determine the amount of the rent or unilateral procedural acts do not alter the commencement point of the ten-year period. The decisive factor is the parties’ mutual expression of intent to enter into a new lease. Accordingly, it is essential in practice that the lessor determines the legal character of any renewal protocol correctly in order to preserve the right to seek eviction.

5. Elapse of Ten Years in Indefinite-Term Leases

Under an indefinite-term lease the lessee may terminate at will. The lessor, however, cannot give notice of termination until ten years have elapsed from the commencement of the tenancy. Once that ten-year period has expired, the lessor may terminate the lease by giving notice in accordance with Articles 328 and following of the TCO.

It is important to emphasize that termination notices must observe the applicable termination windows. Otherwise, a notice given outside an appropriate termination window will take effect only for the subsequent termination period. Thus, the validity of the lessor’s eviction claim depends both on the expiration of the ten-year period and on the correct procedural service of the termination notice.

6. Form and Procedure of the Termination Notice

Article 348 of the TCO requires that termination notice be made in writing. Although there is no strict statutory obligation that notice be effected through a notary, parties commonly use notarial notification in practice because it facilitates proof. Notarial warnings and notices provide both evidentiary certainty and procedural security.

The lessor must comply rigorously with the three-month notice requirement. If that deadline is missed, the termination will only be effective for the next renewal year. The date of service (receipt) of the notice is decisive for calculating the notice period; consequently, the timing of the termination notice is a pivotal element of litigation strategy.

7. Competent and Territorial Jurisdiction

If the lessee fails to vacate the premises after a valid termination notice, the lessor may bring an eviction action before the Civil Court of Peace (Sulh Hukuk Mahkemesi). These actions are ordinarily within the competence of the Civil Court of Peace, and the competent court is generally the court in the district where the leased property is located. Nevertheless, because an eviction action is not always a claim in rem, the defendant’s place of residence may also confer jurisdiction in certain cases.

Courts examine eviction claims with regard to the validity of the termination notice, the correct calculation of the relevant periods, and the legal nature of any renewal agreements; the Court of Cassation (Yargıtay) closely reviews these issues. Notices given in procedural irregularity or periods calculated incorrectly frequently lead to dismissal of the eviction claim.

8. Conclusion

Eviction on the ground of expiration of the lease term is governed by special rules under Article 347 of the TCO. For fixed-term leases, the lessor may only seek eviction after the cumulative ten-year extension period has elapsed and provided that a written termination notice is served at least three months prior to the expiry of any subsequent renewal year. For indefinite-term leases, the lessor acquires the right to terminate only after ten years have passed from the commencement of the tenancy relationship.

Jurisprudence provides clear guidance on the calculation of periods, the effect of renewal agreements, and the timing of termination notices. Therefore, when an eviction claim is contemplated, the type of contract, its duration, any renewal actions and the form and timing of the termination notice must be examined with care, and professional legal assistance should be sought to ensure that the procedure is conducted in accordance with the law.