Kiracının Tahliyesi ve Depozito İadesi: Haklarınız Neler? — Av. Gizem Gonce

Tenant Eviction and Return of the Security Deposit: Your Rights

CAN A LANDLORD EVICT A TENANT AT ANY TIME?

Attorney Gizem Gonce explained: Which legal conditions are required for the eviction of a tenant?

Disputes arising between landlords and tenants in residential leases continue to maintain their place on the agenda. In particular, the termination of the lease contract and eviction demands require the parties to know their rights accurately.

Can a landlord evict their tenant at any time?

Attorney Gizem Gonce:

No. In residential and roofed workplace leases, the landlord's property right does not mean that they can evict the tenant whenever they wish.

Eviction grounds and relevant procedures are regulated in the Turkish Code of Obligations. Circumstances such as eviction due to necessity, non-payment of rent, or the existence of a valid eviction undertaking can generate legal consequences to the extent they fulfill statutory requirements.

When the term of the lease contract expires, is the tenant automatically obliged to vacate the house?

In residential and roofed workplace leases, the expiration of the contract term is, as a rule, not sufficient for the lessor to terminate the contract automatically on their own.

The eviction grounds and procedures provided for in the law must be taken into account. Depending on the characteristics of the concrete case, it is determined which legal remedy the lessor can resort to.

In eviction proceedings, the rights of the parties depend not solely on the duration of the contract, but also on statutory conditions.

YOU VACATED THE HOUSE BUT DID NOT RECEIVE YOUR DEPOSIT! WHAT CAN YOU DO?

Attorney at Law Gizem Gonce explains: Rights of the tenant and the landlord regarding the return of the deposit.

Disputes may arise regarding the refund of the deposit when the tenancy relationship comes to an end. In particular, the landlord's failure to return the deposit causes tenants to wonder what rights they have.

In which cases may the landlord not return the deposit?

Attorney at Law Gizem Gonce:

The deposit is taken to secure certain obligations within the scope of the tenancy relationship. However, it cannot be said that the landlord may withhold the deposit in every situation.

Damages within the responsibility of the tenant, unpaid rent amounts, or other legally valid claims may come into question. At the same time, wear and tear resulting from ordinary use must be distinguished from damages within the tenant's responsibility.

What can the tenant do if they cannot receive their deposit?

First of all, the tenancy agreement, the deposit payment document, records showing the delivery condition of the house, and correspondence between the parties should be examined.

Mediation and judicial remedies may be evaluated depending on the nature of the dispute. In disputes arising from tenancy relationships, it should also be checked whether mandatory mediation provisions apply before filing a lawsuit.

In deposit disputes, keeping the agreement and delivery documents is important.

27 October 2026 update — New questions and explanations

Under What Conditions Can a Landlord Evict a Tenant?

Lawyer Gizem Gonce: “Identifying the correct statutory ground is crucial in eviction proceedings”

Eviction requests account for a significant proportion of disputes between landlords and tenants. In particular, the expiry of a tenancy agreement, the wish to use the property again and disagreements between the parties can lead to legal proceedings. However, the statutory conditions must be met before a landlord can evict a tenant.

We asked Lawyer Gizem Gonce about frequently raised questions concerning tenancy law.

Can a landlord evict a tenant whenever they wish?

Lawyer Gizem Gonce: No. In residential and roofed business premises tenancies, one of the grounds provided by law must arise before the landlord can seek eviction. As a rule, the expiry of the tenancy agreement alone is not sufficient to evict the tenant.

Different legal grounds may apply, such as eviction on grounds of need, reliance on a valid undertaking to vacate, two justified notices, and reconstruction or redevelopment. Each ground has its own conditions and time limits.

What should be considered before bringing an eviction action?

Lawyer Gizem Gonce: First, the legal basis for seeking eviction must be identified, and the tenancy agreement and relevant documents must be examined. Missing statutory deadlines may affect the availability of certain legal remedies.

The rules on mediation as a prerequisite for litigation in tenancy disputes must also be taken into account. The procedure to follow may vary according to the nature of the dispute.

What can be done if the tenant does not agree to vacate?

Lawyer Gizem Gonce: If the parties cannot reach an agreement, enforcement proceedings or court action may be pursued within the applicable statutory conditions. However, attempting to remove a tenant forcibly without a legal basis is not appropriate. The process must follow lawful procedures.

Conclusion: The decisive issue in eviction proceedings is the existence of a statutory ground and the necessary conditions, rather than simply the landlord’s wish.

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