Is Transfer of a Shop Grounds for Eviction? (2026 Updated Guide)
📌 Is the transfer of a shop a ground for eviction?
Yes, in most cases, it constitutes a ground for eviction. However, some exceptions change this rule. Therefore, every specific case must be evaluated individually.
Firstly, Article 323 of the Turkish Code of Obligations establishes a clear rule. Accordingly, the tenant cannot transfer the lease agreement or allow the property to be used by someone else without the written consent of the landlord.
Therefore, if the tenant transfers the shop without permission, they are acting in breach of the contract. In this case, the landlord may demand eviction. Furthermore, the landlord may also claim compensation.
⚖️ Court Ruling: Why is the 30-Day Detail Important?
For instance, a dispute heard in Fatih clarifies this issue clearly.
The landlord claimed that the tenant had transferred the shop. He sent a formal notice and subsequently filed an eviction lawsuit. However, the Istanbul Civil Court of Peace dismissed the case.
This was because the landlord made a critical mistake. He did not grant a 30-day period in the formal notice sent to the tenant. Yet, in accordance with Article 316 of the Turkish Code of Obligations (TCO), the landlord must grant the tenant a period to remedy the breach of contract.
Therefore, the court dismissed the case because the legal requirements were not met.
🧾 In What Situations Does a Shop Transfer Become a Ground for Eviction?
Now, let us clearly examine the situations regarding shop transfers and eviction:
1️⃣ Unauthorized Transfer
Firstly, if the tenant transfers the property without obtaining written consent from the landlord:
- A breach of contract occurs
- The landlord sends a formal notice
- Then, they file an eviction lawsuit
👉 In this case, eviction is possible.
2️⃣ Subleasing
Additionally, if the tenant allows someone else to use the shop:
- The landlord detects this
- Sends a formal notice
- Grants a period of time
👉 Subsequently, they request eviction.
⚠️ The 30-Day Period Condition (The Most Critical Point)
It is particularly necessary to emphasize that:
The landlord must grant the tenant a minimum of 30 days once they learn of the breach of contract.
Otherwise:
- Even if they file an eviction lawsuit
- The court will dismiss the case
👉 For this reason, the time requirement is of critical importance.
❗ The Commercial Enterprise Transfer Exception
However, not every transfer constitutes a ground for eviction, as the law provides an important exception.
If:
- The transfer qualifies as a transfer of a commercial enterprise
- The brand, customer base, and assets are transferred together
👉 The landlord's consent is not required.
Nevertheless, the tenant must provide written notification to the landlord. Furthermore, the former tenant remains liable for rent debts for a period of 2 years.
🚫 Situations Not Considered Grounds for Eviction
In contrast, in some circumstances, eviction is not possible:
- If the landlord subsequently consents to the transfer
- If the landlord remains silent for a long time
- If the contract contains a "transferable" provision
👉 In these cases, eviction cannot be demanded.
📊 Summary Table
| Situation | Eviction |
|---|---|
| Unauthorized shop transfer | ✅ Yes |
| Subleasing | ✅ Yes |
| Transfer of a commercial enterprise | ❌ No |
| If written consent exists | ❌ No |
| If the landlord remains silent | ❌ Difficult |
📌 Conclusion
In conclusion, the question "Is a shop transfer a ground for eviction?" is answered as follows:
👉 If an unauthorized transfer is made, eviction is possible.
👉 However, exceptions like the transfer of a commercial enterprise change the outcome.
For this reason, the landlord must necessarily act with a formal notice + 30-day period + correct legal ground. Otherwise, the lawsuit will be dismissed.
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