Owning a rental property abroad can become stressful when payments stop or the tenant refuses to leave. For foreign landlords with an apartment or villa in Antalya, the first question is usually how to recover the rent and regain possession lawfully.
A tenant not paying rent in Turkey may face debt recovery and, where the statutory conditions are met, eviction. These are separate objectives: recovering a debt does not automatically terminate a tenancy.
This guide explains the main issues for residential and roofed business premises under Turkish law, including notices, enforcement, mediation and documents to prepare.
Can a Foreign Landlord Recover Rent and Seek Eviction?
Foreign nationality does not, by itself, prevent a landlord from pursuing unpaid rent or relying on a lawful ground for eviction in Turkey. The appropriate procedure depends on the rental agreement, the parties and the evidence.
Before proceeding, establish who is entitled to bring the claim. The registered owner, contractual landlord and property manager are not necessarily the same person. Co-ownership, a change of ownership or an agent acting on the owner’s behalf may require further examination.
What Should You Check Before Taking Action?
Start with the lease and a month-by-month payment ledger rather than an estimate of the total shortfall.
| Issue | What to check |
|---|---|
| Rent obligation | Agreed amount, due date and payment frequency |
| Payment history | Bank records, receipts, partial payments and credits |
| Rent increases | Whether the amount claimed complies with applicable rules |
| Ancillary charges | Which charges the tenant is legally obliged to pay |
| Earlier notices | Wording, dates, delivery and proof of notification |
| Representation | Authority of anyone acting for the landlord |
A disputed rent increase should not automatically be treated as an undisputed debt for every amount requested. Article 344 regulates rent increases and judicial rent determination for the covered tenancies. The applicable rent must be established before a notice or claim is prepared. Turkish Code of Obligations, Article 344.
How Can You Recover Unpaid Rent in Turkey?
Depending on the circumstances, unpaid rent may be pursued through enforcement proceedings or a claim. The amount, evidence and any objections affect the next steps.
Where eviction is also sought, Turkish law provides a special enforcement route for rental arrears. The payment order and its warning must satisfy the applicable requirements. The tenant’s response, an objection or payment within the relevant period can change the procedure.
Starting an enforcement file does not automatically result in eviction. A request for payment alone should not be confused with an enforcement procedure properly directed toward obtaining possession. Enforcement and Bankruptcy Law, Articles 269 and 269/A.
Can Non-Payment Lead to Termination and Eviction?
Article 315 addresses a tenant’s failure to pay rent or ancillary charges due after delivery of the leased property. The landlord may give written notice granting a payment period and warning that the agreement will be terminated if payment is not made within that period.
For residential and roofed business premises, the period must be at least 30 days. It begins on the day after the notice is notified to the tenant.
The debt calculation, wording, payment period and evidence of notification all matter. Expiry of the period does not authorise the landlord to remove the tenant personally. Possession must be recovered through the appropriate legal procedure.
This mechanism should be distinguished from the special enforcement procedure and from eviction based on two justified notices. Turkish Code of Obligations, Article 315.
What If the Tenant Repeatedly Pays Late?
Article 352 provides another possible ground where non-payment causes the landlord to issue two justified written notices within the legally relevant lease period or rental year.
For tenancies lasting one year or longer, the relevant rental year is important; it is not necessarily the calendar year. Sending two messages about the same outstanding balance does not automatically satisfy the requirement.
The provision sets a one-month period for bringing the action after the end of the relevant lease period or rental year. Article 353 and the effects of mediation on time limits may also need to be considered.
Payment after a notice does not automatically resolve every possible eviction ground. The timing of payment and the legal route must be assessed separately. Turkish Code of Obligations, Articles 352–353.
Must the Tenant Leave When a One-Year Lease Expires?
For the covered residential and roofed business tenancies, the landlord cannot terminate merely because the fixed contractual term has expired. Article 347 provides for renewal where the tenant does not give the required notice.
The rule concerning termination after ten years of extensions requires a separate calculation and proper notice. It should not be simplified into a claim that every landlord can evict exactly ten years after the original signing date. Turkish Code of Obligations, Article 347.
Does a Written Undertaking to Vacate Help?
A written undertaking to vacate, known as a tahliye taahhütnamesi, can provide a separate legal basis under Article 352 where the statutory requirements are met.
The tenant must have undertaken in writing, after delivery of the property, to vacate on a specified date. If the property is not vacated, the provision requires enforcement proceedings or an action within one month of that date, subject to applicable procedural rules.
The date, authenticity, wording and authority of the signer should be checked. A sentence stating when the lease expires is not automatically a valid undertaking to vacate. Turkish Code of Obligations, Article 352.
Can You Evict the Tenant Because You Need the Property?
Article 350 allows a claim based on qualifying residential or business needs of the landlord or specified family members. The need must be established; a wish to obtain higher rent is not the same ground.
For fixed-term leases, the end of the term and the statutory filing period are relevant. Different timing rules apply to indefinite leases.
Article 355 also restricts re-letting to another person for three years following recovery for need, unless a justified reason exists. A breach may result in compensation liability. Turkish Code of Obligations, Articles 350 and 355.
What If You Recently Bought a Tenanted Property?
Article 351 provides a specific route for a new owner with a qualifying need. This includes written notification within one month of acquisition and an action after six months. The law also provides an alternative linked to the end of the lease.
Purchasing the property does not automatically require the tenant to leave. Check the lease and notice deadlines before committing to a moving-in date. Turkish Code of Obligations, Article 351. For checks before purchase, see our guide to buying property in Antalya.
Is Mediation Required Before an Eviction Case?
Rental disputes generally fall within mandatory mediation before a lawsuit under Article 18/B of Law No. 6325. The provision expressly excludes eviction through non-judgment enforcement under the Enforcement and Bankruptcy Law.
It would therefore be inaccurate to say that every enforcement-related step requires prior mediation, or that all eviction cases are exempt. The intended legal route must be identified first.
Mediation and filing deadlines should be coordinated. A settlement should clearly address payment dates, possession, handover and the applicable enforceability requirements. Law on Mediation in Civil Disputes, Article 18/B.
Can You Use the Security Deposit to Cover Unpaid Rent?
Article 342 limits agreed security to three months’ rent for the covered residential and roofed business tenancies. It also regulates monetary deposits, bank custody and release conditions.
A deposit is not automatically a substitute for the tenant’s final rent payments. Nor does an outstanding debt necessarily permit the landlord to withdraw a bank-held deposit unilaterally. Rent arrears, damage and the release requirements should be considered together. Turkish Code of Obligations, Article 342.
What Should Landlords Avoid During a Dispute?
Do not change locks, remove the tenant’s belongings or cut utilities to force the tenant out. Use the lawful procedure for recovering possession.
Keep communications factual and retain records. If the tenant leaves voluntarily, document the return of keys, meter readings, the condition of the property and any unresolved amounts. Clear handover evidence can prevent later disputes about when possession was returned.
Can You Handle the Matter While Living Abroad?
Many steps can be handled through a lawyer with an appropriate power of attorney. The required authority, authentication and translation depend on the intended procedure; mediation and settlement authority also need to be considered.
Prepare:
- The lease and amendments;
- Ownership documents and any change-of-owner records;
- A month-by-month rent ledger and payment evidence;
- Notices and proof of notification;
- Any written undertaking to vacate;
- Relevant correspondence;
- A clear explanation of whether you seek payment, possession or both.
Frequently Asked Questions
Can I evict a tenant immediately after one missed payment?
One missed payment does not authorise immediate personal removal. The debt, required notice and applicable eviction procedure must be assessed.
Can I evict the tenant to charge a higher rent?
A desire for higher rent is not, by itself, a statutory eviction ground. Rent adjustment and termination are different issues.
Does buying the property mean the tenant must move out?
No. A new owner’s rights depend on the existing tenancy and the requirements of the applicable legal ground, including Article 351 where qualifying need is relied on.
Does paying after a notice prevent every eviction claim?
Not necessarily. The effect depends on the timing and route used. A default notice and two justified notices require different assessments.
How long does eviction take in Turkey?
There is no reliable fixed duration for every case. Notification, objections, mediation where required, court workload and later procedural steps affect timing.
Does moving out cancel unpaid rent?
No automatic cancellation follows from moving out. Outstanding obligations, the legally effective return of possession and any settlement must be examined.
Legal Assistance for Landlords in Antalya
The first review should identify the correct debt, the available ground for eviction and the notices or deadlines that apply. This helps avoid selecting a route that does not achieve your objective.
If your tenant is not paying rent or refuses to vacate a property in Antalya, you can contact Kunut Law to discuss the lease, payment history and available legal options.
Last reviewed: 7 October 2026.
This article provides general information, primarily for residential and roofed business tenancies. Rights and procedures depend on the tenancy, facts, applicable law and evidence.