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    The toxic asset: why a problem tenant in Türkiye can turn a rental into a years-long loss

    Business in Turkey
    September 25, 20266 min
    The toxic asset: why a problem tenant in Türkiye can turn a rental into a years-long loss

    When buying rental property in Türkiye, investors typically calculate yield from the advertised rent. Few factor in the risk that can wipe out that yield for years: a tenant who stops paying or refuses to leave. Turkish law protects tenants noticeably more than most expect, and that changes the entire economics of buying an apartment for rental income.

    A lease ending does not automatically allow eviction

    The first thing to understand: a lease reaching its end date does not, by itself, give the landlord the right to evict. Under the Code of Obligations (TBK, Article 347), if the tenant does not give notice of moving out at least 15 days before the term ends, the contract automatically renews for another year on the same terms. The owner cannot rely simply on the term expiring; a specific statutory ground is required: genuine personal need for the property for the owner or close family, the need for major renovation or reconstruction, or a valid written eviction commitment.

    The process for non-payment

    If the tenant stops paying, the mechanism is not instant either. Under Article 315, upon default the owner must send a written notice, typically through a notary, demanding payment within at least 30 days. Only if the debt remains unpaid after that period can the lease be terminated and an eviction claim filed. There is no expedited administrative route: the dispute is heard in the court of first instance where the property is located (Sulh Hukuk Mahkemesi).

    The eviction commitment trap

    Many owners ask the tenant to sign an eviction commitment (tahliye taahhüdü) at the same time as the lease, treating it as reliable insurance. Settled case law says otherwise: if the commitment is signed the same day as the lease itself, courts routinely strike it down, since it cannot be considered freely given by a tenant who has just entered into the deal. Only a commitment signed separately, after the lease is concluded and possession is taken, with its own specific date, is treated as valid. This detail is worth checking in leases already signed: a commitment structured incorrectly turns out to be worthless exactly when it is needed.

    Self-help eviction is a criminal offense

    One more point worth knowing: an owner attempting to evict a tenant unilaterally, including changing the locks or removing belongings without a court order, constitutes a criminal offense under the Penal Code (TCK, Article 150, self-redress). The only lawful path is a court ruling followed by enforcement.

    How long this can actually take

    No official statistics on average eviction case duration are published, so here we rely on practitioners' estimates rather than official data. In their experience, given court backlogs and possible appeals, a full court eviction cycle for non-payment can take 1.5 to 3 years. Throughout that time the owner collects no rent while still covering taxes and upkeep on the property.

    What this means for a buyer

    The economics of a rental purchase need to be calculated not from the advertised rent, but adjusted for the risk of a problem tenant. Practical steps:

    Screen tenants carefully before signing: solvency, rental history, a guarantor.

    Structure the deposit and payment flow so any delay is immediately visible and documented (payments by bank transfer only, with a clear description on the receipt).

    Have the eviction commitment executed as a separate document, signed after the lease is concluded and the tenant has moved in, with its own specific date, rather than as part of the paperwork bundle signed alongside the lease itself.

    If your model is short-term nightly rental rather than long-term leasing, look separately into the licensing requirements for that activity and the property's zoning status, that path carries its own risks, but not the multi-year eviction problem.

    Build into your financial model a scenario where the property generates no income for a year or two if the tenant turns out to be a problem. That, rather than the rent on paper, determines the real resilience of the investment.

    Planning to buy rental property in Türkiye, or dealing with a problem tenant now? We can structure your lease and eviction commitment correctly, and support you through the process if it has already reached court. Contact us.

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