Toxic Asset: Why an Apartment with a Problematic Tenant in Turkey Can Lead to Years of Losses
When purchasing property for rent in Turkey, investors typically calculate profitability based on the advertised rental rate. Few factor in a risk that can nullify this profitability for years to come: a non-paying or refusing-to-vacate tenant. Turkish law protects tenants significantly more than one might expect, and this changes the entire economics of buying an apartment for rental purposes.
Eviction Does Not Occur Automatically Upon Lease Expiry
The first thing to understand is that the expiration of a lease agreement by itself does not grant the right to evict a tenant. According to the Code of Obligations (TBK, Article 347), if the tenant does not give notice of departure at least 15 days before the end of the term, the contract is automatically extended for another year under the same conditions. The owner cannot simply rely on the expiration of the term; they need a specific legal ground: a real personal need for the dwelling for themselves or close relatives, the necessity of major repairs or reconstruction, or a valid written commitment to vacate.
Procedure for Non-Payment of Rent
If the tenant does not pay, the mechanism is also not immediate. According to Article 315 of the Code, in case of arrears, the owner must send a written notice (usually via a notary) demanding payment of the debt within at least 30 days. Only if the debt is not paid within this period can the contract be terminated and an eviction lawsuit filed. There is no accelerated administrative mechanism: the dispute is heard in the court of first instance in the location of the property (Sulh Hukuk Mahkemesi).
The Trap of the Eviction Commitment
Many owners ask tenants to sign an eviction commitment (tahliye taahhüdü) directly with the lease agreement, considering it reliable insurance. Established judicial practice indicates otherwise: if the commitment is signed on the same day as the contract itself, courts regularly deem it invalid, as it cannot be considered given by the tenant's free will, having just concluded the transaction. Only a commitment signed separately, after the contract has been concluded and possession of the premises taken, and specifying a concrete date, is considered valid. This detail should be checked in already signed contracts: an improperly drafted commitment will prove useless precisely when it is needed.
Self-Eviction is a Criminal Offense
Another important point to know: an owner's attempt to evict a tenant independently, including changing locks or removing belongings without a court decision, constitutes a criminal offense under the Criminal Code (TCK, Article 150, usurpation of rights). The only legal path is a court decision and subsequent enforcement.
How Long Can This Take in Practice
Official statistics on the average duration of eviction cases are not published, so here we rely on the assessment of practicing lawyers, rather than official data. In their experience, considering court workload and possible appeals, the full cycle of judicial eviction for a non-payer can take from one and a half to three years. Throughout this time, the owner does not receive rental payments but continues to bear expenses for taxes and property maintenance.
What This Means for the Buyer
The economics of purchasing an apartment for rent should be calculated not from the advertised rental rate, but with an adjustment for the risk of a toxic tenant. Practical steps:
- Thoroughly vet the tenant before signing: solvency, rental history, guarantor.
- Structure the deposit and payment terms so that any delay is immediately visible and documentable (payments only via bank transfer, with a clear purpose statement in the receipt).
- Draft the eviction commitment as a separate document, signed after the lease agreement and move-in, with a specific date, rather than as part of the document package when signing the lease itself.