Ending a Lease in Türkiye Because the Owner Needs the Property: Own Need, Rebuilding and the New Owner Under TBK Articles 350, 351 and 355

This guide is written for foreign nationals who own a flat, a house or an office in Türkiye that is let to a tenant, for those buying a property with a tenant in it, and for foreign tenants whose landlord says the property is needed back. It covers the grounds in the Code of Obligations for ending a lease by a lawsuit because of the owner's need or because of rebuilding works, the rules for a new owner, the time limits and written notices, the ban on re-letting, and the mediation and court steps. It describes what the statutes say. It does not cover rent arrears, the eviction procedure at the enforcement office, or how a particular court has decided a case.

1. Which Leases These Rules Cover, and Why the Landlord Needs a Lawsuit (Articles 339, 347, 348 and 354)

Articles 350 to 355 of the Turkish Code of Obligations No. 6098 (Türk Borçlar Kanunu, TBK) sit in the part of the Code on leases of residences and roofed workplaces (konut ve çatılı işyeri kiraları). Article 339(1) provides that the provisions on these leases also apply to the items whose use is left to the tenant together with them, but do not apply where immovables that by their nature are allocated to temporary use are let for six months or less. Article 339(2) applies the same provisions to all lease contracts made by public institutions and bodies. Short-term holiday letting of a flat is governed by its own permit law, which our guide on Law No. 7464 covers.

The starting point for the landlord is Article 347(1). In fixed-term leases of residences and roofed workplaces, unless the tenant gives notice at least fifteen days before the end of the term, the contract is deemed extended for one year on the same conditions, and the landlord cannot end the contract by relying on the end of the term. At the end of the ten-year extension period, the landlord may end the contract without giving any reason, by notice given at least three months before the end of each following extension year. In leases of indefinite duration, Article 347(2) allows the landlord to end the contract by notice under the general provisions once ten years have passed since the start of the lease. Under Article 348, the validity of a termination notice in leases of residences and roofed workplaces depends on its being made in writing.

Within those limits, Articles 350 and 351 are the Code's routes for a landlord, or for a person who acquires the property later, to end the lease by a lawsuit (dava) for a reason on the owner's side. Article 354 adds a protective rule: the provisions on ending a lease contract by a lawsuit cannot be changed to the detriment of the tenant (kiracı aleyhine değiştirilemez). Any clause of a lease that deals with ending the lease by a lawsuit is therefore read against Article 354.

2. The Owner's Own Need: Article 350(1)

Article 350 carries the caption “need, reconstruction and development” (gereksinim, yeniden inşa ve imar) and sits under the Code's heading on ending the lease by a lawsuit for reasons arising from the landlord. Its first ground provides that the landlord may end the lease contract if there is a necessity to use the leased property because of a need for a residence or a workplace for himself or herself, the spouse, descendants, ascendants or other persons whom the landlord is obliged by law to support.

• Who brings the claim. The article speaks of the landlord (kiraya veren). Its text does not mention nationality: a foreign national who lets a flat in Istanbul is a landlord within the same words.
• For whom the property is needed. The landlord, the spouse, descendants (altsoy: children, grandchildren), ascendants (üstsoy: parents, grandparents) and other persons whom the landlord is obliged by law to support. Article 350 does not list who the last group are.
• What the need is. A need for a residence or for a workplace (konut ya da işyeri gereksinimi). The article names both.
• How the need is expressed. The words are kullanma zorunluluğu, a necessity to use the leased property. The Code does not define the term; whether that necessity exists on the facts is for the court to assess.

The article does not say what evidence shows the need, and this guide does not describe how any court has assessed it. A landlord preparing a claim can gather the documents that describe the situation of the person for whom the property is needed: where that person lives now and on what terms, a change of job or family situation, or the plan for a workplace. Which of them the court accepts, and with what weight, is a matter for the court.

3. Rebuilding or Major Works: Article 350(2)

The second ground in Article 350 concerns the building rather than the person who will use it. The landlord may end the lease contract if the major repair (esaslı onarım), extension or alteration of the leased property is necessary for the purpose of its reconstruction or development (yeniden inşası veya imarı), and use of the leased property is impossible during these works.

The text joins two conditions: the works must be necessary for that purpose, and use of the property must be impossible while they are carried out. Article 350(2) does not deal with building permits, urban transformation or other public-law rules on construction, and this guide does not cover them.

This ground has its own rule after the tenant leaves. Article 355(2) provides that the property cannot, without just cause, be let to others in its old state before three years have passed, and gives the former tenant a priority right to rent the rebuilt or developed property (Section 6).

4. The One-Month Window: When the Lawsuit Is Filed (Articles 350, 329 and 353)

Article 350 fixes the time for both of its grounds. The landlord may end the contract by a lawsuit filed within one month starting, in fixed-term contracts, from the end of the term, and in contracts of indefinite duration, from the date determined by observing the termination period and the periods provided for termination notice under the general provisions on lease.

• Fixed-term lease. The month runs from the end of the term. Because Article 347(1) extends a fixed-term lease by one year at a time on the same conditions, the lease documents should show the start date, the agreed term and each extension, so that the end of the term can be identified.
• Lease of indefinite duration. For immovables, the general provision is Article 329: either party may terminate the lease for the end of the rental period set by local custom or, where there is no such custom, for the end of a six-month rental period, observing a three-month notice period. The month in Article 350 runs from the date determined in that way.

Article 353, captioned “extension of the period for filing the action” (dava süresinin uzaması), provides that if the landlord has notified the tenant in writing, at the latest within the period provided for filing the action, that it will file the action, the period for filing the action is deemed extended by one rental year. Two conditions are in the text: the notice is in writing, and it is given no later than within the filing period. Article 353 does not list the grounds to which it applies; whether a particular notice extends a particular period is assessed by the court on the facts.

Mediation (Section 7) comes before the lawsuit, and the timetable has to allow for it. Article 18/A(15) of the Mediation Law No. 6325 provides that during the time from the application to the mediation office until the final minutes are drawn up, the limitation period stops (zamanaşımı durur) and a period of preclusion does not run (hak düşürücü süre işlemez). Article 350 itself does not label its one-month period as either. A plan in which the mediation application is made well inside the month keeps that question from becoming the issue in the case.

5. The New Owner Who Needs the Property: Article 351

A sale does not end a lease. Article 310 provides that if the leased property changes hands for any reason after the contract is made, the new owner becomes a party to the lease contract; the provisions on expropriation are reserved. A buyer of a let flat or office therefore steps into the existing lease.

Article 351, captioned “need of the new owner” (yeni malikin gereksinimi), gives the person who later acquires the leased property two routes. Both require the same need as Article 350(1): a necessity to use the property because of a need for a residence or a workplace for himself or herself, the spouse, descendants, ascendants or other persons whom he or she is obliged by law to support.

• First route, Article 351(1). The new owner may end the lease contract by a lawsuit filed six months later, on condition that the situation is notified to the tenant in writing within one month starting from the date of acquisition (edinme tarihi). The written notice within one month is a condition in the text. The article does not state in so many words the date from which the six months are counted, so that point is checked before the claim is filed.
• Second route, Article 351(2). If the new owner so wishes, the right to end the contract because of need may also be exercised by a lawsuit filed within one month starting from the end of the contract term.

Article 351 does not define the date of acquisition. For a buyer of real property, the land registry documents of the purchase are the record from which that date is identified, and the one-month notice period can be put in the diary on the day of the purchase. A buyer who intends to use a let property can also read the lease before buying: its start date, its term, the extensions under Article 347(1), and whether the tenant has given any written undertaking to vacate (Section 8). Our guide on buying property in Turkey as a foreigner covers the purchase steps themselves.

6. After the Tenant Leaves: The Three-Year Re-Letting Ban (Article 355)

Article 355, captioned “prohibition on re-letting” (yeniden kiralama yasağı), sets the rules that follow an eviction on these grounds. It has three paragraphs.

• After a need-based eviction, Article 355(1): where the landlord has obtained the vacating of the leased property for the purpose of need, the landlord cannot, without just cause, let the property to anyone other than the former tenant before three years have passed.
• After an eviction for reconstruction or development, Article 355(2): immovables vacated for reconstruction and development cannot, without just cause, be let to others in their old state before three years have passed. The former tenant has a priority right (öncelik hakkı) to rent the reconstructed or developed property in its new state and at the new rent; that right must be used within one month following the landlord's written notice, and until the priority right is ended, the property cannot be let to others before three years have passed.
• If these rules are breached, Article 355(3): the landlord is obliged to pay the former tenant compensation of not less than one year's rent paid in the last rental year.

Article 355 does not define just cause (haklı sebep); whether a reason amounts to one is assessed by the court. For a landlord, the three-year period is part of the decision to bring a need-based claim at all. For a former tenant, Article 355 is the provision that speaks to a later re-letting of the same property, and the last year's rent payments are the figure Article 355(3) refers to.

7. Mediation First, Then the Civil Court of Peace (Mediation Law Articles 18/A and 18/B; Civil Procedure Article 4)

Article 18/B was added to the Mediation Law No. 6325 (Hukuk Uyuşmazlıklarında Arabuluculuk Kanunu, HUAK) by Law No. 7445 and has been in force since 1 September 2023. Under Article 18/B(1)(a), applying to a mediator before a lawsuit is a condition of the action (dava şartı) in disputes arising from the lease relationship, except for the provisions on the eviction of let immovables by enforcement without judgment (ilamsız icra) under Law No. 2004. Provisional Article 3 of the same Law provides that the mediation requirement of Article 18/B does not apply to actions that were pending on the date it entered into force.

• Where to apply: the application is made to the mediation office in the place of the court having jurisdiction over the dispute (Art. 18/A(4)).
• How long the mediator has: the mediator concludes the application within three weeks from the appointment; in compulsory cases the mediator may extend this by no more than one week (Art. 18/A(9)).
• No agreement: the claimant must attach to the statement of claim the original, or a mediator-approved copy, of the final minutes stating that no agreement was reached; where it is found that a claim was filed without applying to a mediator, the action is dismissed on procedural grounds for lack of a condition of the action, without any further step (Art. 18/A(2)).
• Agreement: for agreements made under Article 18/B, obtaining the enforceability annotation (icra edilebilirlik şerhi) is compulsory; for agreements concerning an immovable it is obtained from the civil court of peace of the place where the immovable is located (Art. 18/B(3)).

On the court, Article 4(1)(a) of the Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu, HMK) provides that the civil courts of peace (sulh hukuk mahkemeleri), regardless of the value or amount of the subject matter, hear actions concerning all disputes arising from the lease relationship, including actions for receivables, apart from the provisions on eviction of let immovables by enforcement without judgment under the Enforcement and Bankruptcy Law, and actions brought against those actions. A claim to end a lease under Article 350 or 351 arises from the lease relationship; the competent place is checked on the claim as filed.

8. Own Need, an Eviction Undertaking and a Rent Determination Case Are Different Claims

Articles 350 and 351 are grouped in the Code under reasons arising from the landlord. The next article, Article 352, is grouped under reasons arising from the tenant. Its first paragraph provides that if the tenant, after the leased property was delivered, undertook in writing toward the landlord to vacate it on a certain date and did not vacate it, the landlord may end the lease contract within one month starting from that date, by applying to enforcement or filing a lawsuit. An own-need claim rests on the owner's need; an undertaking rests on the tenant's own written promise. Our guide on the eviction undertaking under Article 352 covers the form and timing of that route.

A rent determination case does not end a lease at all: it asks the court to set the rent for a renewed rental period. Article 344, the rules on agreed increases and the five-year rule are covered in our guide on the rent determination lawsuit under Article 344. A landlord who wants a higher rent and a landlord who needs the property back are using different provisions with different conditions. For an overview of eviction grounds and notices aimed at landlords with a foreign tenant, see our guide to tenant eviction notices in Istanbul.

9. The Four Owner-Side Routes Side by Side

The table compares the four routes the Code gives the owner side. Each entry follows the text of the article cited.

10. The Owner and the Tenant: Who Does What Under the Code

The second table sets the two sides next to each other. It follows the text of the articles cited and does not describe court practice.

11. Step by Step: From the Need to a Decision on the Lease

The steps below follow the order in which the provisions come into play. They concern documents and dates the parties can prepare; they are not a description of court practice.

1. Collect the lease, every renewal or extension, the land registry record of the property and any written notice already exchanged, and note the start date and agreed term (TBK Arts. 347 and 350).
2. Identify the ground: own need for a residence or workplace (Art. 350(1)), reconstruction or development works that make use impossible (Art. 350(2)), or the need of a new owner (Art. 351).
3. Work out the dates: the end of the term or, for a lease of indefinite duration, the date set under Article 329; for a new owner, the date of acquisition and the one-month written notice in Article 351(1).
4. Decide whether to send a written notice under Article 353 that the action will be filed, within the filing period.
5. Apply to the mediation office in the place of the competent court in good time before the filing deadline (HUAK Arts. 18/B(1)(a), 18/A(4) and 18/A(15)).
6. If the parties agree at mediation, obtain the compulsory enforceability annotation from the civil court of peace of the place of the immovable (HUAK Art. 18/B(3)).
7. If they do not agree, file the claim with the civil court of peace and attach the final mediation minutes (HMK Art. 4(1)(a); HUAK Art. 18/A(2)).
8. After the property is vacated, keep Article 355 in view: three years, the former tenant's priority right after rebuilding, and the compensation rule.

Each of these points is easier to handle with the documents in front of you: the lease and its renewals, the land registry record, the notices sent and received with their dates, and the papers that describe the need. Our real estate law practice advises owners and tenants in English on these claims, and you can reach us through the contact page.

Frequently Asked Questions

Can my landlord in Türkiye end my lease because they need the flat?

Article 350(1) of the Code of Obligations allows the landlord to end the lease by a lawsuit if there is a necessity to use the property because of a need for a residence or workplace for the landlord, the spouse, descendants, ascendants or other persons the landlord is obliged by law to support. The court assesses on the facts whether that necessity exists. Under Article 347(1), the landlord cannot end a fixed-term lease of a home or roofed workplace by relying on the end of the term.

Which family members can the need relate to?

The article names the landlord, the spouse, descendants (such as children and grandchildren), ascendants (such as parents and grandparents) and other persons whom the landlord is obliged by law to support. Article 350 does not list who that last group are.

I bought a flat with a tenant in it. Can I move in?

Under Article 310, the buyer becomes a party to the existing lease. Article 351 gives a new owner who needs the property for a residence or workplace for themselves or the persons the article names two routes: a written notice to the tenant within one month from the date of acquisition followed by a lawsuit filed six months later (351(1)), or a lawsuit filed within one month from the end of the contract term (351(2)).

When must the landlord file the lawsuit under Article 350?

Within one month starting from the end of the term in a fixed-term lease, or, in a lease of indefinite duration, from the date determined by observing the termination period and notice periods under the general provisions (Article 329 for immovables). Under Article 353, if the landlord notifies the tenant in writing, at the latest within that period, that it will file the action, the filing period is deemed extended by one rental year.

Can the landlord let the property to someone else after the tenant leaves?

Under Article 355(1), a landlord who obtained the vacating of the property for need cannot, without just cause, let it to anyone other than the former tenant before three years have passed. After an eviction for reconstruction or development, Article 355(2) provides that the property cannot, without just cause, be let to others in its old state before three years have passed, and gives the former tenant a priority right. Under Article 355(3), a breach obliges the landlord to pay compensation of not less than one year's rent paid in the last rental year.

Do we have to go to mediation first?

Under Article 18/B(1)(a) of the Mediation Law No. 6325, in force since 1 September 2023, applying to a mediator before a lawsuit is a condition of the action in disputes arising from the lease relationship, except for eviction by enforcement without judgment under Law No. 2004. A claim filed without applying to a mediator is dismissed on procedural grounds (Article 18/A(2)).

Can the lease contract take these protections away from the tenant?

Article 354 provides that the provisions on ending a lease contract by a lawsuit cannot be changed to the detriment of the tenant. A clause that deals with ending the lease by a lawsuit is read against that rule.