Alanya Rental Law and Tenant Eviction Lawyer

Residential and Commercial Lease Law in Alanya under TBK No. 6098

Turkish residential and roofed commercial leases are strictly regulated by Articles 299 to 356 of the Turkish Code of Obligations (Türk Borçlar Kanunu – TBK No. 6098). Foreign property owners in Alanya are frequently surprised to learn that under TBK Article 347, a fixed-term residential lease does not automatically terminate when the contract period expires. Unless the tenant gives notice at least 15 days before expiry, the lease automatically renews on a yearly basis on the same terms, and the landlord cannot evict the tenant simply because the one-year contract ended until the 10-year statutory extension period has elapsed. Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281) at Hacet Mah. Adliye Cad. Görer Apt. No:13/5, Alanya / Antalya (directly opposite the Alanya Courthouse), represents landlords and commercial tenants before the Alanya Civil Courts of Peace (Alanya Sulh Hukuk Mahkemesi) and the Alanya Enforcement Offices (Alanya İcra Dairesi).

Legal Grounds for Tenant Eviction in Alanya

To lawfully evict a defaulting or non-compliant tenant in Alanya, property owners must strictly follow the statutory procedures and notice deadlines prescribed by TBK No. 6098 and the Enforcement and Bankruptcy Law (İİK No. 2004):

• Eviction for Non-Payment of Rent (TBK Art. 315 & İİK Art. 269): When a tenant fails to pay rent or building maintenance fees (Aidat), our office initiates a special eviction-integrated enforcement proceeding (Örnek No. 13 Tahliyeli İcra Takibi) through the Alanya Enforcement Office. The tenant is granted a statutory 30-day cure period to pay the arrears; if unpaid, we file for summary eviction before the Alanya Enforcement Court (Alanya İcra Hukuk Mahkemesi) and attach the debtor’s bank accounts and assets. Additionally, issuing two justified written default notices within a single lease year entitles the landlord to file an eviction suit under TBK Art. 352/2.
• Written Eviction Undertaking (Tahliye Taahhütnamesi – TBK Art. 352/1): The fastest and most effective protection for landlords in Alanya is a properly executed written eviction undertaking signed by the tenant on a date subsequent to the lease commencement and handover of keys. If the tenant does not vacate on the promised date, the landlord must initiate enforcement or file suit within one month.
• Eviction for Landlord’s or New Owner’s Personal Need (TBK Art. 350 & 351): If the landlord—or a new buyer who just purchased the apartment in Alanya—genuinely requires the property as a residence for themselves, their spouse, descendants, ascendants, or statutory dependents, an eviction lawsuit may be filed. Under TBK Art. 351, a new buyer must serve a formal notary notice within one month of the Tapu transfer date to file suit after six months.

Mandatory Mediation (Zorunlu Arabuluculuk) and Rent Determination Lawsuits

Under Article 18/B of the Law on Mediation in Civil Disputes No. 6325, applying to a court-appointed mediator (Zorunlu Arabuluculuk) at the Alanya Courthouse is a mandatory precondition before filing lease eviction, rent adaptation, or rent determination lawsuits (Kira Tespit Davası under TBK Art. 344). For leases exceeding five years, our office files rent determination claims to align below-market rents with current comparable market values in Alanya, while also ensuring compliance with Law No. 7464 regarding short-term tourist rentals. Visit our Alanya Office or Contact page for legal representation.

Frequently Asked Questions (FAQ) on Tenant Eviction in Alanya

Can I change the locks or cut off utilities if my tenant in Alanya stops paying rent?

No. Self-help eviction or disconnecting water and electricity is a criminal offense under Turkish law. Eviction must be executed through the Alanya Enforcement Office and Courts under TBK Art. 315 or İİK Art. 269.

Is mandatory mediation required before filing a tenant eviction lawsuit in Alanya?

Yes, for eviction lawsuits filed before the Alanya Civil Court of Peace (Sulh Hukuk Mahkemesi), mandatory mediation is a statutory prerequisite; however, direct eviction enforcement via the Enforcement Office (İİK Art. 269 for unpaid rent) can be initiated immediately without prior mediation.