Tenant Eviction After Two Justified Notices for Unpaid Rent

A late rent payment does not automatically entitle a landlord to evict a tenant. In leases of residential property or roofed commercial premises, however, two separate justified written notices caused by unpaid rent may give the landlord a right to seek termination through the courts. This ground is set out in Article 352(2) of the Turkish Code of Obligations.

For a notice to be justified, the relevant rent must have fallen due and remained unpaid when the notice reached the tenant. The notice should make clear which rent debt it concerns, and proof of delivery matters. Splitting a single overdue debt into two notices does not satisfy the two-notice requirement. Payment after receipt of a justified notice does not, by itself, undo that notice.

Timing is equally important. For leases shorter than one year, both notices must occur within the lease term. For leases of one year or longer, they must occur within the same rental year or a period exceeding one rental year as specified by law. A rental year follows the lease, not necessarily the calendar year. Delays from different rental years generally cannot be combined for this purpose.

Two notices do not themselves evict the tenant. The landlord must bring an eviction action within one month of the end of the relevant lease term or rental year. Article 353 also provides for a possible extension of the filing period following a timely written notice of intent to sue. Since 1 September 2023, mandatory mediation generally applies before a court action arising from a lease dispute; its effect on time limits must be assessed against the actual dates.

The lease, payment schedule, bank records, written notices and proof of service should be reviewed together. The due date, the date of payment and the rental year in which each notice was served may all affect the outcome.

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