Eviction After the Ten-Year Extension Period

In leases of residential property or roofed commercial premises, expiry of the agreed term does not generally allow a landlord to evict the tenant for that reason alone. Unless the tenant gives notice at least fifteen days before the end of a fixed term, the lease renews for one year on the same conditions. Under Article 347 of the Turkish Code of Obligations, the landlord cannot rely solely on expiry until the ten-year extension period has been completed.

The period is often incorrectly treated as ten years from the signature date. For a fixed-term lease, the statute counts the extension years following the original contractual term. Once the ten-year extension period is complete, the landlord may terminate at the end of each following extension year without stating another statutory ground, provided written notice reaches the tenant at least three months before that year's end.

For example, where the original contractual term is one year, that first year and the later extension years must be calculated separately. The year in which termination can take effect depends on the commencement date, original term, renewal history and date on which notice reaches the tenant. A calculation error may prevent the notice from taking effect for the intended period.

The notice must be in writing and reach the tenant before the three-month period expires. Multiple tenants or landlords, a family-home claim, assignment of the lease or a change of party may affect who must give or receive notice. Indefinite leases are subject to separate timing and termination rules under the same article, so the nature of the lease must first be established.

If the tenant remains after a valid notice, the eviction claim must be pursued through the applicable legal procedure. Mandatory mediation must be completed before a court action concerning the lease. The lease, records showing each extension period, written notice and proof of service are central documents.

This article is for general information only. The legal assessment may differ according to the facts of a particular case.