What is Tenant Eviction and In What Situations Does It Come Up?

Tenant eviction means the landlord removing the tenant from the property through legal means. According to the Turkish Code of Obligations No. 6098 in Türkiye, tenant eviction is not an arbitrary process; it can only be done under certain conditions and in accordance with the procedure.

The eviction process usually begins when:

  • The tenant does not leave despite the end of the lease agreement

  • Non-payment or persistent delay in paying rent

  • The tenant does not leave despite giving an eviction commitment

  • The owner or a close relative really needs the house.

The fact that the rental market in Antalya is active causes this process to come up frequently. Especially due to high rental incomes, some landlords try to evict tenants by resorting to legal means.

The Most Common Reasons for Tenant Eviction in Antalya

  1. Non-Payment of Rent:
    If a tenant does not make payments during a rental period, the landlord can demand payment by sending a notice. If the debt is not paid, an eviction request will be brought forward.

  2. Homeowner's Housing Needs:
    If the landlord or a first-degree relative needs the house, an eviction case can be filed on this ground. However, this need must be real, sincere and necessary.

  3. Workplace Change or Reconstruction Status:
    If the building has been declared a risky structure or requires major repairs, an evacuation may be requested on this grounds. This situation frequently occurs in urban transformation areas in Antalya.

Methods That Can Be Used for Legal Eviction of a Tenant

1. Eviction through Enforcement Proceedings

The landlord can directly initiate non-judicial eviction proceedings due to unpaid rent. If the tenant does not pay or does not object within 7 days, the eviction process is initiated by the decision of the enforcement office.

2. Eviction by Lawsuit

If the tenant is notified of the reason for eviction (for example, due to need), the landlord can apply to the civil court of peace and file an eviction lawsuit . During this lawsuit, the court evaluates whether the conditions are met.

3. Eviction Based on Eviction Undertaking

If a notarized or written signed eviction undertaking has been received from the tenant and the period has expired, the landlord can directly apply to enforcement or file a lawsuit. Many landlords in Antalya provide fast evictions using this method.

What is the Tenant Eviction Period in Antalya?

Evacuation time varies depending on the method used:

  • Eviction by enforcement : Average 2-3 months

  • Case based on release commitment : 4-6 months

  • Lawsuit filed due to need : 6-12 months

  • Lawsuit due to rent debt : 6-10 months

These periods may be extended from time to time due to the heavy volume of cases in the Antalya Civil Courts of Peace. Increasing demands, especially before the summer season, may affect the process.

Documents and Procedural Rules Required in Eviction Cases

The landlord must submit the following documents:

  • Valid lease agreement

  • Bank statements for unpaid rent

  • Notarized notice or written notice

  • Evacuation undertaking (if any)

  • Population registration copy (for evacuation due to need)

If a proper notice is not given, incomplete documents are submitted, or a lawsuit is filed based on incorrect justification, the court may reject the request.

Tenant's Rights and Responsibilities During the Eviction Process

  • Right to Object: The tenant may object to the enforcement proceedings within 7 days.

  • Right to Use the House During Eviction: Can continue to live in the house until the decision is finalized.

  • Protection of the Goods and Delivery Obligation: It is necessary to deliver them without damaging them when leaving. Otherwise, the damage can be compensated.

The tenant may also file a counterclaim or present evidence against the unfair eviction claim during the litigation process.

Eviction Problems Encountered in Practice in Antalya

  • Resistant Tenants: Tenants who do not vacate the house despite the court order are evicted through the enforcement office.

  • Notification Problems: Late or incomplete notification delays the process.

  • Tenants Who Do Not Leave Despite Court Decision: In this case, enforcement proceedings become mandatory. This problem is frequently experienced in Antalya, especially with tenants who have been living there for a long time.

Execution of the Eviction Decision and Implementation Process

  • The eviction decision taken from the court or enforcement office is sent to the enforcement office .

  • The tenant is given a period of 7 days .

  • If the person still hasn't left by the end of the period, a forced eviction may be carried out with the help of a bailiff and the police.

  • The goods are removed to the trustee's warehouse or delivered to the buyer.

In Antalya, police support may also be requested during this process.

Frequently Asked Questions

What should I do if the tenant doesn't move out?
→ If there is a court decision, you can apply to the enforcement office and request an eviction.

If I sell the house, will the tenant be evicted?
→ No. The new owner cannot evict the tenant until the end of the contract period. The contract is transferred.

Is it possible to pursue enforcement proceedings without filing an eviction lawsuit?
→ Yes, it can be done, especially if it is based on an eviction commitment or rent debt.

Is it possible to evacuate without a commitment?
→ Yes, but a lawsuit must be filed and there must be a legitimate reason.

How long do eviction cases take in Antalya?
→ Varies from 4 months to 12 months. Intensity and justification affect the process.

What happens if the tenant does not leave the house despite the eviction decision?
→ Forced evacuation is initiated, and police intervention is provided if necessary.

Recommendations for Homeowners Going into the Eviction Process in Antalya

  1. When making a contract, work with written and dated documents.

  2. Get an eviction undertaking. Make sure it is notarized.

  3. Carry out warning and notification procedures in accordance with the procedure.

  4. Be sure to start your eviction request in writing.

  5. Get legal support. Eviction cases in Antalya require technical knowledge.