On yıllık kiracılık süresi dolunca ev sahibi kiracıyı hemen çıkarabilir mi? — Av. Aylin Esra Eren

Can a landlord evict a tenant immediately when the ten-year tenancy period expires?

Summary: In long-term tenancies, the ten-year extension period may allow a landlord to terminate the contract under certain conditions. However, the mere passage of ten years on the calendar is not enough to evict the tenant immediately.

The grounds for eviction and notice periods for residential and roofed workplace leases are regulated by law to protect tenants. Completion of the ten-year extension period is a specific provision that allows the landlord to terminate the contract subject to the conditions set out in the law.

Attorney Aylin Esra Eren explained how the ten-year extension period should be assessed.

Question: Can the landlord seek eviction once the tenancy has reached ten years?

Attorney Aylin Esra Eren: Under Article 347 of the Turkish Code of Obligations, for fixed-term residential and roofed workplace leases, the landlord may terminate the contract after the ten-year extension period from the start of the contract has been completed, provided the statutory notice requirements are met. The contract’s start date, the extension periods, and the timing of the notice must be calculated correctly.

Question: Can the landlord seek eviction on the day the ten years expire?

Attorney Aylin Esra Eren: No, the expiry of the period alone is not enough. The statutory notice period and procedure must be followed. The date on which notice must be given, the rental period to be used as the basis, and the nature of the contract must be examined in the specific case.

Question: Does this rule apply in the same way to every lease?

Attorney Aylin Esra Eren: Whether the lease is for a fixed or indefinite term, whether it concerns a residence or a roofed workplace, and the history of the tenancy all matter. It would therefore be incorrect to give a definitive eviction date based only on the information that ‘ten years have passed,’ without reviewing the lease.

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