Tenancy Law Precedent: Unjustified Eviction Rights for Property Owners
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The Istanbul Regional Court of Justice (BAM) has issued a landmark ruling that significantly shifts the balance of power in long-term rental disputes. According to the decision by the 49th Civil Chamber, property owners can now evict tenants who have completed 10 years of extension without providing specific justifications such as “personal need” or “renovation.”
The End of “Justified Reason” Requirement
Under traditional judicial practice in Türkiye, evicting a tenant typically required proving a “justifiable cause” (e.g., the owner’s need for the residence or the need for major structural repairs). This new precedent clarifies the application of the Turkish Code of Obligations, establishing that for contracts exceeding the 10-year extension period, the landlord’s mere intent to terminate is sufficient.
Key Changes in the Ruling:
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No More Proof of Need: Landlords no longer need to document that they or their family members will move into the property.
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Absolute Right of Termination: Once the 10-year extension threshold is crossed, the property owner gains an absolute right to refuse renewal.
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Focus on Duration: The legal focus shifts from “why” the eviction is happening to “how long” the tenancy has lasted.
The Golden Rule: The “90-Day” Procedure
While the ruling grants landlords broader authority, the court emphasized that this right is strictly bound by procedural timelines. Failure to follow these steps can result in the loss of the eviction right for the entire upcoming year.
| Procedure | Requirement |
| Notification Method | Must be sent officially via a Notary Public. |
| The 3-Month Rule | The notice must reach the tenant at least 90 days before the end of the current extension period. |
| Strict Deadline | If the notice is even one day late, the contract automatically extends for another year. |
Which Tenants Are Affected?
Legal experts warn that this decision most directly impacts contracts signed in 2015 or earlier. Because the 10-year “extension period” begins after the initial fixed term of the contract (usually 1 year), tenancies that reached their 11th or 12th year in 2026 are now at immediate risk.
Expert Advice: Tenants and landlords should immediately check the “Start Date” on their original rental agreements. If the total duration (Initial Term + Extension years) exceeds 11 years, the landlord may initiate the “Eviction Without Justification” process.
Impact on the Real Estate Market
As of April 2026, this decision is expected to accelerate the turnover of rental properties in Istanbul, where many long-term tenants have been paying rent significantly below current market rates. While property owners welcome the flexibility, tenant advocacy groups worry it could worsen the housing crisis for long-term residents.
source: karar