For Turkish citizens living in the Netherlands, managing a house, business premises, land or other property let out in Turkey is often a sensitive process that must be handled remotely. The tenant may not pay the rent, may not vacate the property, may stay despite a written eviction undertaking, or the landlord may need to return to Turkey, house family members or sell the property. At that point, the tenancy may no longer be something that can be solved “by talking to the tenant”.
Tenancy law in Turkey covers evicting tenants, collecting rent, eviction for personal need, eviction based on a written undertaking, rent determination cases and disputes arising from lease agreements. For landlords living in the Netherlands, practical matters such as the power of attorney, remote follow-up, service of documents, enforcement and keeping informed about the case are added to the process.
In short, living in the Netherlands does not prevent you from starting rent collection, eviction or rent determination proceedings against your tenant in Turkey. However, the route to take against the tenant, the content of the lease, the payment status, the ground for eviction, any notices given and the available documents must be assessed together.
Hukukcum.nl was created to help landlords living in the Netherlands follow tenancy matters in Turkey more clearly and to provide a basic roadmap for rent collection, eviction, rent determination and representation by power of attorney.
Evicting a Tenant
Evicting a tenant is one of the most frequently asked-about topics in tenancy law. A landlord may want the tenant to leave; but in Turkey, eviction is subject to specific legal grounds and procedures. Simply saying “I want my house back” is usually not enough. The ground for eviction must be identified correctly and the process conducted accordingly.
Eviction may arise for the following reasons:
- Non-payment of rent,
- A valid written eviction undertaking,
- The landlord or their relatives needing the property as a home or business premises,
- The tenant acting in breach of the lease,
- Justified formal notices having been given within the same lease year,
- A fixed-term lease being ended under the legal conditions,
- The need to rebuild or carry out major renovation of the property,
- The tenant misusing the property.
In short, the first step in evicting a tenant is to identify the ground for eviction correctly. A process started on the wrong legal basis can lead to lost time and the case being dismissed.
How is the eviction process planned?
Before starting the eviction process, the following documents and information should be examined:
- The lease agreement,
- The start date of the tenancy,
- The rent and payment date,
- The tenant’s payment history,
- Bank receipts or payment records,
- Formal notices sent previously,
- The date and content of any eviction undertaking,
- Documents relating to the landlord’s need,
- The current use of the property.
For landlords living in the Netherlands, digital copies of these documents may be sufficient for the initial assessment. At the litigation or enforcement stage, however, original documents, a power of attorney and official records may be required.
Collecting Rent
Rent collection becomes an issue when the tenant does not pay the rent on time or at all. Some tenants pay a few months late, some do not pay at all, and some pay less because they do not accept the rent increase. To protect their claim, the landlord must then follow the process with the right documents and the right procedure.
In short, to collect rent it must first be determined which months are unpaid, what the rent is, how payment records were kept and whether the tenant disputes the debt.
How is a rent claim proven?
The following documents are important in rent claims:
- A written lease agreement,
- Bank account statements,
- A list of unpaid months,
- Correspondence with the tenant,
- Documents on rent increases,
- Formal notices,
- Previous payment records,
- Documents on the deposit or service charges,
- Correspondence showing that the tenant acknowledged the debt.
Having rent paid through the bank makes things much easier for the landlord in any future dispute. In cases where cash payment is claimed, the question of proof can become more complicated.
Lawsuit or enforcement proceedings for unpaid rent?
It is not always necessary to file a lawsuit directly to collect rent. In some cases enforcement proceedings may be more suitable. However, if the tenant disputes the debt, the process may take a different route. The choice of route for rent claims should therefore be based on the available documents and the tenant’s likely objections.
Proceedings Against a Tenant Who Does Not Pay
Starting enforcement proceedings against a tenant who does not pay is a commonly used route in practice. A payment order is sent to the tenant, who is expected to pay or object within a certain period. If the tenant does not pay and the necessary conditions are met, eviction may also follow.
In short, the aim of proceedings against a non-paying tenant is not only to collect the rent but, where the conditions are met, also to have the tenant evicted.
What steps can be taken against a tenant who does not pay?
Depending on the case, the following routes may be considered:
- Sending the tenant a written notice,
- Starting enforcement proceedings for the rent,
- Starting enforcement proceedings with a request for eviction,
- If the tenant objects, assessing removal or annulment of the objection,
- Filing an eviction case on the ground of justified notices,
- Separate enforcement for accumulated rent arrears.
It is important to track the dates correctly in this process. Which month the rent arrears relate to, when the payment order was served, whether the tenant objected and whether they paid determine the direction of the case.
What happens if the tenant disputes the debt?
The tenant may dispute the rent arrears, the amount of rent, the payment date or jurisdiction. In such a case, the enforcement proceedings may be suspended or the eviction process may take longer than expected. Depending on the landlord’s documents, removal of the objection, annulment of the objection or an eviction case may be considered.
The lease agreement and payment records should therefore be prepared carefully before starting proceedings.
Eviction for Personal Need
Eviction for personal need may arise when the landlord or certain relatives specified by law have a genuine and sincere need for the property. This is common for landlords living in the Netherlands. They may want to return to Turkey, plan for a child to study in Turkey, want to house their parents, or need to use the property for their own living needs.
In short, saying “I need the house” is not enough for eviction for personal need. The need must be genuine, sincere and legally assessable.
What is examined in eviction for personal need?
The following points are important in such cases:
- Why the landlord needs the property,
- Whether the need is genuine and sincere,
- The current living conditions of the landlord or relative,
- Plans to return to or settle in Turkey,
- Whether there is another suitable property in the same area,
- The term of the lease,
- Whether the eviction case was filed within the deadline,
- Documents supporting the claimed need.
For landlords living in the Netherlands, the reason for the need must be explained and documented well. For example, plans to return to Turkey, a family member’s need to use the property, or the need to move for health, education or work reasons can be important.
Is eviction for personal need always granted?
No. The court assesses whether the need really exists. If the need is not found to be sincere, the case may be dismissed. The strengths and weaknesses of the case should therefore be examined by a lawyer before filing.
Eviction Based on a Written Undertaking
An eviction undertaking (tahliye taahhüdü) is a written commitment by the tenant to vacate the property on a certain date. In practice it can be a strong document for landlords; but to be valid and usable, it must meet certain conditions.
In short, eviction based on a written undertaking is a legal route available if the tenant does not vacate the property on the date stated in writing. However, the date, content and manner in which the undertaking was drawn up must be examined carefully.
What should be considered with an eviction undertaking?
The following points are important in processes based on an eviction undertaking:
- The undertaking is in writing,
- It is signed by the tenant,
- The eviction date is clearly stated,
- How the undertaking relates to the start of the tenancy,
- Whether the tenant’s consent was vitiated,
- Claims that the undertaking was filled in afterwards,
- Whether enforcement or a lawsuit was started on the basis of the undertaking within the deadline.
Eviction undertakings are often disputed in practice. The tenant may claim that the undertaking was obtained under pressure, signed blank or is invalid. The document should therefore not be considered sufficient on its own, but assessed legally.
If there is an eviction undertaking, can the tenant be removed immediately?
Even with an eviction undertaking, if the tenant does not leave voluntarily, legal action must be taken. Whether the process is conducted through enforcement or a lawsuit depends on the case. If the deadlines linked to the undertaking are missed, rights may be lost.
Rent Determination Cases
A rent determination case (kira tespit davası) is filed to have the current rent redetermined within the legal framework. It is relevant especially where the same tenant has lived in the property for a long time, the rent is far below market conditions, or the parties cannot agree on a new rent.
For landlords living in the Netherlands, it is not always easy to keep track of the real rental value of their property in Turkey. Over the years, the rent may fall far behind comparable rents, while the tenant may not accept an increase.
In short, a rent determination case is filed to have the current rent set by the court. Before filing, the lease agreement, the start date of the tenancy, the increase clauses and comparable rents should be assessed together.
What is taken into account in a rent determination case?
The following points are important in rent determination cases:
- The start date of the lease,
- The current rent,
- The contract clauses on rent increases,
- The area where the property is located,
- Comparable rents,
- The nature, size and condition of the property,
- How long the tenant has used the property,
- Previous rent increases,
- The timing of the case.
Rent determination cases may require technical assessment and an expert examination. Simply saying “the market has gone up a lot” may not be enough. The market value of the property and comparable rents must be shown concretely.
What happens if no agreement can be reached with the tenant on a rent increase?
If the parties cannot agree on the new rent, a rent determination case can be filed if the conditions are met. However, the timing of the case is important. A case filed at the wrong time may not have effect for the desired period or may not have the expected impact. Deadlines and periods should therefore be calculated before filing.
Tenancy Law Support in Turkey for Landlords Living in the Netherlands
Landlords living in the Netherlands often try to resolve disputes with their tenants in Turkey remotely. But when rent payments falter, an eviction process begins, a formal notice must be sent, enforcement proceedings are needed or a case must be filed, the process needs to be followed regularly in Turkey.
In short, landlords living in the Netherlands can follow tenancy matters in Turkey through a lawyer. For this, an appropriate power of attorney, the lease agreement, payment records and property details should be prepared.
Which steps can be handled by a lawyer?
In tenancy disputes in Turkey, the following can be handled through a lawyer:
- Reviewing the lease agreement,
- Sending the tenant a formal notice,
- Starting enforcement proceedings for the rent,
- Starting enforcement proceedings with a request for eviction,
- Filing an eviction case,
- Conducting eviction for personal need,
- Taking action based on an eviction undertaking,
- Filing a rent determination case,
- Following legal proceedings against the tenant’s objections,
- Conducting the attachment and collection stages.
Many of these steps can be carried out under a power of attorney without the landlord needing to come to Turkey. However, the power of attorney must be drafted to cover the steps to be taken.
Which documents should the landlord prepare?
For the initial assessment, it is useful for landlords living in the Netherlands to prepare:
- The lease agreement,
- Title deed details,
- The tenant’s identity and contact details,
- Rent payment records,
- Bank account statements,
- A copy of any eviction undertaking,
- Notices sent previously,
- Correspondence with the tenant,
- Information on the current state of the property,
- A power of attorney.
The better organised the documents, the more clearly it can be determined which route the process will take.
Frequently Asked Questions
I live in the Netherlands. Can I evict my tenant in Turkey?
Yes. If the conditions are met, an eviction process can be started against the tenant in Turkey. The ground for eviction, the lease agreement and the documents must be examined for this.
What can be done if the tenant does not pay the rent?
If the tenant does not pay, enforcement proceedings can be started for the rent. If the conditions are met, enforcement with a request for eviction or an eviction case may also be considered.
Do I need to come to Turkey to collect rent?
In most cases, rent collection and eviction can be handled under a power of attorney given to a lawyer, without coming to Turkey.
Can I file an eviction case for personal need?
If the landlord or certain relatives specified by law have a genuine and sincere need, an eviction case for personal need may be possible. This must be assessed case by case.
If there is an eviction undertaking, will the tenant definitely leave?
An eviction undertaking is an important document; but whether it is valid, whether it was used within the deadline and the tenant’s objections are assessed. If the tenant does not leave voluntarily, legal proceedings are needed.
What is a rent determination case for?
A rent determination case allows the current rent to be set by the court. It is relevant especially when the rent is far below comparable rents.
What can be done if the tenant pays too little rent?
Underpayment can be pursued as a rent claim. First, the lease agreement, the rate of increase, the payment records and the amounts underpaid must be established.
What happens if the tenant does not pay rent while an eviction case is pending?
Independently of the pending eviction case, separate enforcement proceedings or a claim may be brought for the unpaid rent.
Is eviction possible if the lease is not in writing?
The absence of a written lease can make the process harder; but if the existence of the tenancy can be proven with other evidence, legal routes can be considered.
When Should You Consult a Lawyer?
If your tenant in Turkey does not pay rent, pays too little, does not leave despite an eviction undertaking, you want to use the property for your own needs, or the rent has fallen far below market conditions, it is worth consulting a lawyer.
Legal support is needed especially in the following situations:
- The tenant is not paying accumulated rent arrears,
- The tenant does not leave despite requests to vacate,
- There is an eviction undertaking and its date is approaching,
- Eviction for personal need is being considered,
- The rent has not been updated for a long time,
- No agreement can be reached on a rent increase,
- The tenant has objected to enforcement proceedings,
- The property is in Turkey and the landlord lives in the Netherlands,
- Follow-up under a power of attorney is planned.
Consulting a lawyer does not always mean filing a lawsuit straight away. Sometimes the right formal notice, rent enforcement proceedings or documented communication with the tenant is a better start. But deadlines and procedure are important in tenancy law. A notice with the wrong date, incomplete proceedings or an eviction request that misses the deadline can prolong the process.
Conclusion
For landlords living in the Netherlands, tenancy law in Turkey covers many topics, such as evicting a tenant, collecting rent, proceedings against a non-paying tenant, eviction for personal need, eviction based on a written undertaking and rent determination cases.
The right start in these processes is to examine together the lease agreement, payment records, the ground for eviction and any eviction undertaking. Not every problem with a tenant is solved the same way. Different routes may apply: enforcement for unpaid rent, a lawsuit for eviction, a rent determination case to update the rent, or eviction for personal need.
Hukukcum.nl was created to help Turkish people living in the Netherlands follow tenancy disputes in Turkey more knowledgeably. Proper document preparation, an appropriate power of attorney and timely legal support help protect your rent claim and keep the eviction process orderly.
