Legal guide regarding the calculation of the extension period in the eviction of a 10-year tenant, three-month written notice, mediation and litigation process.
When the eviction of a tenant of 10 years is mentioned, it is often thought that ten years from the start of the lease agreement is automatically sufficient for eviction. However, in residential and roofed workplace rentals, the Turkish Code of Obligations provides different calculation and notification rules depending on whether the contract is for a fixed or indefinite term. Incorrect period calculation or late notification may cause the landlord to wait for the next extension year in order to use the same legal opportunity.
In long-standing rental relationships in Antalya and Manavgat, the first copy of the contract, the start date, and previous notifications may not always be easily found.Attorney Ahmet Emre Çimenemphasizes that before a transaction based on a ten-year extension period, it is necessary to calculate the contract chain and rental periods through documents.
From Which Date Is the "Ten Years" Calculated?
In fixed-term residential and roofed workplace leases, the contract is extended by one year unless the tenant gives a termination notice at least fifteen days before the end of the period. The landlord cannot terminate the contract solely based on the expiration of the initial contract period. The landlord's right to terminate without reason comes into play after the ten-year extension period following the initial fixed term is completed.
For example, in a one-year fixed-term contract, the first year is the actual term of the contract; thereafter, ten separate extension years are calculated. Therefore, the expression commonly used in everyday language, “the tenant has been living in the house for ten years,” alone does not indicate that the condition in the law has been fulfilled. If the contract was established for two, three, or five years, the calculation changes accordingly. The start and end dates, renewals, and whether the new contract made later by the parties truly ends the previous relationship must be examined.
Notification Schedule in Fixed-Term Contracts
After the ten-year extension period has ended, the lessor may terminate the contract without cause by giving written notice at least three months before the end of each subsequent extension year. The three-month period here refers to the time by which the termination notice must reach the tenant before filing a lawsuit. Late delivery of the notice may render the termination ineffective with regard to the intended end of the rental year.
In residential and roofed workplace rentals, written notice is a requisite for validity. For purposes of proof and notification date, sending via a notary may be practically secure; however, the recipient’s address and the notification process must also be monitored. Planning based solely on a phone call, message, or verbal request is not appropriate.
The Situation is Different in Indefinite-Term Leases
In an indefinite-term lease agreement, the tenant can always exercise the right of termination according to the general provisions, whereas the landlord can terminate the agreement by complying with the general termination period and notice requirements only after ten years have passed since the beginning of the lease. This structure is different from the "initial term plus ten-year extension" calculation in a fixed-term agreement.
The absence of an end date in a contract may automatically make it indefinite; however, the intention of the parties and the entirety of the document should be evaluated. Protocols signed later may not create a new beginning if they only update the rent. On the other hand, situations where the parties settle previous debts and establish a new rental relationship may lead to different outcomes.
Which Documents Are Used in the Calculation?
For a healthy period calculation, it may not be sufficient to look only at the current rental contract. The following documents can be examined together:
The first rental agreement and any subsequent protocols,
Delivery and key handover records of the property,
The start dates of bank rent payments,
Past warnings and notifications,
If the owner has changed, deed transfer and new owner notifications,
Correspondence of the parties regarding the continuation of the contract.
In cases where the document is not available, payment records and correspondence can help in proving the history of the rental relationship. Still, the weight of each piece of evidence is assessed by the court in the specific case.
Is Eviction Automatic After the Ten-Year Period?
No. Completion of the period does not mean the tenant is automatically considered to have vacated. The landlord must serve a written termination notice at least three months in advance for the correct rental period. If the tenant still does not hand over the property, legal action will ensue.
The important feature of this path is that when the duration and notice conditions are met, the lessor does not have to prove another reason for eviction such as personal need, reconstruction, or default. However, this convenience does not mean that accounting and procedural conditions can be ignored. The status of the owner, the parties to the contract, and whether the notice has been directed to all tenants should be checked.
Mediation and Eviction Lawsuit
In eviction lawsuits arising from the rental relationship, except for the exception regarding eviction through non-judicial enforcement, it is generally mandatory to apply to a mediator before filing a lawsuit. In disputes based on the ten-year extension period, the mediation phase should also be conducted in accordance with the lawsuit schedule after the termination notice and the end-of-term planning.
During the mediation meeting, an agreement can be reached on the eviction date, the last term's rent, the deposit, maintenance fees, and the method of delivery of the property. If an agreement is not reached, eviction can be requested in the competent court. It is important to submit the termination notice, notification document, contracts, and records showing the calculation of the period properly in the file.
Can the New Owner Benefit from the Ten-Year Period?
The sale of the immovable does not terminate the lease agreement; the new owner becomes a party to the existing rental relationship. The past duration of the lease relationship does not restart just because ownership has changed. Therefore, the years of extension that started with the previous owner generally retain their significance in calculations. However, the incompleteness of the contracts in the possession of the new owner and whether a new contract has been made between the parties should also be examined separately.
If the new owner has a residential or workplace need, a special eviction route independent of the ten-year extension period may also be available. Which route is more appropriate is determined according to the purchase date, the notice period, the nature of the need, and whether the ten-year calculation has been completed.
The Effect of Protocols Made by the Parties Afterwards
In long-term leases, parties often sign an additional protocol only to increase the rent, change the payment date, or resolve an issue with a fixture. Such a document does not, in any case, terminate the previous contract and start a new ten-year term. What matters is not the title of the text, but whether the parties have liquidated their previous rental relationship and whether there is an intention to establish a new contract.
When preparing a new contract, if it is observed that the previous deposit continues, previous debts are preserved, and the immovable property has not been re-delivered, it can be argued that the relationship continues uninterrupted. On the other hand, explicit termination, new delivery, and an independent contract established with different parties may require a different evaluation. When calculating the ten-year period, it is therefore necessary to arrange all documents in chronological order.
Common Mistakes
Counting the first contract year as an extension year
The fixed-term contract’s own duration and the extension years starting later should be separated. Misclassifying the first period shifts the entire schedule.
Leaving a three-month notice to the last day
It is as important for the notification to reach the tenant on time as it is for it to be prepared. The risk of delay in the notification should be taken into account.
Relying on verbal notification
For residential and roofed workplace rentals, the termination notice must be in writing. A verbal request does not substitute for a valid termination plan.
Misrepresenting the landlord or tenant parties
In the case of co-ownership, multiple tenants, or subsequent changes of landlord, the designation of parties and the addressees of the notification should be determined carefully.
Follow-up of Long-Term Rental Files in Antalya
In evictions based on a ten-year extension period, the main issue is often not the proof of reason but finding the correct date and carrying out the procedures according to that date.Lawyer Ahmet Emre Çimenprovides legal support in long-term rental relationships in Antalya and Manavgat, including examination of the contract history, termination notice, mediation, and eviction lawsuit stages. A definite eviction date should not be given before the entire file is reviewed prior to the process.
Frequently Asked Questions
Can a tenant be evicted immediately after living for exactly 10 years?
Not always. In a fixed-term contract, the initial contract period and the ten-year extension period are calculated separately, and written notice is required at least three months before the end of the subsequent extension year.
Is it necessary to provide a reason for eviction?
If the ten-year extension period in the law and the notification requirements have been completed, the landlord is not required to provide a special reason for eviction.
Must the notification be made through a notary?
The law requires a written form. Notary notification is a reliable method in practice for proving the content and the date of service.
What happens if the three-month period is missed?
The right to terminate may be lost with respect to the intended end of the extension year; if conditions exist, a new notification schedule can be established for the following extension year.
If the house is sold, does the ten-year period start over?
As a rule, a change of owner does not terminate the existing tenancy relationship and does not reset the elapsed period. It is also separately examined whether a new contract has been established afterward.
Is mediation required before filing a lawsuit?
In eviction cases arising from a rental relationship, mediation is generally a prerequisite for a lawsuit, except for the exception of enforcement without a court judgment.