Can a Landlord Change the Tenant’s Locks? Eviction Without an Eviction Order
This article provides general information. Legislation, time limits and amounts may change over time; obtain an up-to-date assessment of your specific situation.
Attorney Gizem Gonce warns: “Owning a property does not give the owner authority to evict a tenant by a personal decision.”
Disputes between landlords and tenants may concern unpaid rent, an undertaking to vacate or the end of a lease. In some cases, allegations arise that landlords have changed locks to prevent tenants from entering or have demanded the removal of their belongings.
Can a landlord change a tenant’s locks simply because the landlord owns the property? Under what conditions can eviction be ordered?
Attorney Gizem Gonce explains that a claim that the tenancy has ended does not give the landlord a right of unilateral interference; eviction must follow statutory procedures.
Attorney Gizem Gonce answers questions
Can a landlord change the locks to prevent a tenant from entering?
Attorney Gizem Gonce: As a rule, a landlord cannot evict a tenant by a personal decision or prevent access to the property. Interference with the tenant’s right of use while the lease continues may give rise to civil and criminal liability, depending on the circumstances.
The landlord’s ownership does not extinguish the tenant’s contractual right of use. If eviction is necessary, the legal remedies provided by law must be used.
Can the landlord change the locks if the tenant does not pay rent?
Attorney Gizem Gonce: Non-payment of rent does not directly entitle a landlord to change the locks or put a tenant’s belongings outside. The necessary notices and enforcement steps must be taken, and eviction pursued when its conditions are met, under the Turkish Code of Obligations and the Enforcement and Bankruptcy Law.
Initiating lawful proceedings against a tenant is different from physically and unlawfully removing the tenant from the home. The landlord must pursue the debt and eviction claim through legal channels.
What should a tenant do if the landlord has changed the locks?
Attorney Gizem Gonce: The tenant should first ensure the incident is documented. Messages, photographs, witness details, the lease and proof of rent payments should be preserved. Depending on the circumstances, contacting law enforcement and obtaining legal assistance may be considered.
Different remedies may be available where a tenant is denied access to the home or belongings, or is threatened. The same legal consequence should not be assumed in every case; applications must be tailored to the particular situation.
Can a landlord personally evict the tenant after winning an eviction case?
Attorney Gizem Gonce: Obtaining an eviction order does not authorize the landlord to enforce it alone or by force. Depending on the nature and enforceability of the order, eviction must be carried out under the relevant enforcement rules and through the competent authorities.
This distinction reflects a fundamental principle of the rule of law: individuals must not interfere with the rights of others by enforcing their own rights through personal force.
When does a tenant’s right to occupy the home end?
Attorney Gizem Gonce: The end of a tenancy must be assessed in light of the lease term, notice of termination, an undertaking to vacate, unpaid rent or other statutory grounds for eviction. Each eviction claim has its own requirements.
A landlord who believes there is a valid ground for eviction must raise it in legal proceedings. The tenant, in turn, should submit defences and objections within the applicable statutory period.
In disputes between landlords and tenants, the tenant’s contractual right of use is protected alongside the right of ownership. Eviction must be carried out through legal procedures rather than personal intervention.