With the regulations that came into effect in 2023, the mandatory mediation period has begun for tenant and landlord disputes. One of the most important consequences of this regulation is that in tenant eviction cases, the parties can no longer go directly to court; they must first participate in the mediation process.
As of 2025, tenant eviction lawsuits remain among the most common types of lawsuits due to rising rent prices, contract breaches, and various disputes.
What is a Tenant Eviction Case?
An eviction lawsuit is a lawsuit filed by a landlord requesting the eviction of a tenant for various reasons. According to the Turkish Code of Obligations, the circumstances that may lead to the eviction of a tenant are as follows:
- The tenant’s failure to pay the rent,
- Using the leased property for purposes other than its intended use,
- The landlord’s or their relatives’ need for housing/workplace,
- The expiration of the contract term and the decision not to renew it,
- The tenant’s actions that violate the lease agreement.
In such cases, the landlord may request the tenant’s eviction from the court. However, since 2023, it has not been possible to file a lawsuit directly; the mediation process must be completed first.
What is Mandatory Mediation?
Mandatory mediation is a legal process that requires parties to seek the assistance of a mediator before going to court to resolve their disputes. The aim is to prevent cases from dragging on for years and to encourage the parties to reach an agreement more quickly.
Tenant eviction cases have also been included in the mandatory mediation scope with the regulation issued in 2023. Therefore, disputes between tenants and landlords are first discussed in mediation. If no agreement is reached in mediation, the parties may apply to the court.
Common Mistakes in Mediation
Although the mediation process is a quick and practical method, certain mistakes made by the parties can complicate the agreement. In particular, the landlord and tenant arriving unprepared can prevent the process from delivering the expected benefits.
- Failure of the parties to provide complete documentation
- Treating the mediation meeting like a lawsuit and adopting a rigid stance
- The tenant or landlord blocking the process with excessive demands
- Attempting to make decisions on complex matters without legal counsel
Protection of Rights in Mediation from the Tenant’s Perspective
Tenants often see themselves as the weaker party in eviction cases. However, the mediation process gives tenants the opportunity to voice their rights. With the right preparation, tenants can manage the process without suffering any injustice.
- Be sure to bring the lease agreement to the meeting
- Keep payment receipts and bank records readily available
- Resisting unjust eviction demands
- Defend your rights through a lawyer when necessary
The Importance of Mediation from the Landlord’s Perspective
From the landlord’s perspective, mediation can ensure that eviction requests are resolved more quickly and cost-effectively. Finding a solution without entering into a lengthy lawsuit is in the landlord’s best interest.
- Prove that the rent has not been paid with official documents
- Explain the need for a residence or workplace with reasons
- Being open to mutual agreement in mediation
- Knowing the enforceability of the record if an agreement is reached
Mandatory Mediation Process in Tenant Eviction Cases
A landlord wishing to file an eviction lawsuit must first apply to the mediation office at the courthouse in their locality. The process works as follows:
- Application: The landlord or tenant applies to the mediation office for an eviction request.
- Appointment of a mediator: After the application is submitted, a mediator is appointed by the system.
- Invitation of the parties: The mediator sends invitations to the parties. The tenant and landlord are summoned to the meeting on the specified date and time.
- Meetings: In mediation meetings, the parties discuss the terms of eviction, the timeframes, and the possibilities for reaching an agreement.
- Result: If the parties reach an agreement, minutes are prepared and these minutes have the status of a court decision. If no agreement is reached, the parties are given a “statement of disagreement.” A lawsuit can be filed with this document.
Timeframes in Mediation
The mediation period in tenant eviction cases is limited by law.
- Commencement period: The mediator shall invite the parties to a meeting within 3 days at the latest after being appointed.
- Total duration: The mediation process lasts a maximum of 3 weeks from the date of application. In exceptional circumstances, this period may be extended by an additional week.
- Total time limit: The mediation process must be completed within a maximum of 4 weeks (1 month).
If no agreement is reached by the end of these periods, the parties shall have the right to file a lawsuit.
The Importance of Agreement in Mandatory Mediation
Reaching an agreement through mediation in tenant eviction cases saves the parties significant time and money. While court proceedings can take years, agreements reached through mediation quickly become binding.
Additionally, reaching an agreement through mediation helps reduce the strain on the relationship between the tenant and the landlord. This method makes it easier for the parties to end the process without wearing each other down, especially in long-term rental relationships.
What Happens If No Agreement Is Reached in Mediation?
If no agreement is reached during the mediation process, a statement of disagreement is issued to the parties. Without this statement, it is not possible to file a lawsuit in court.
After that, either the landlord or the tenant can file a lawsuit. The court will evaluate the eviction request and make a decision. However, it should be noted that while the lawsuit process can take years, the mediation process can be completed in just a few weeks.
Things to Consider for Landlords in Tenant Eviction Cases
- Submitting the mediation application on time,
- State the reason for eviction in the petition in accordance with the law,
- Keep the necessary documents (lease agreement, payment receipts, notices, etc.) ready.
- Being open to agreement in mediation.
Things to Consider from the Tenant’s Perspective
- Knowing that the eviction case will not be resolved immediately under any circumstances,
- Defending your rights during the mediation process,
- Resisting the landlord’s unreasonable demands,
- Seek legal counsel when necessary.
Post-Mediation Litigation Period
If the mediation process results in a dispute, the parties have the right to file a lawsuit.
- Time limit for filing a lawsuit: A lawsuit may be filed immediately after the completion of the mediation process. There is no specific statute of limitations in this regard.
- Duration of the case: Depending on the court’s workload, tenant eviction cases can generally be resolved within 1 to 3 years.
The Nature of the Settlement Agreement as a Court Decision in Mediation
The minutes agreed upon by the parties in mediation have the same effect as a court decision. Therefore, when an agreement is reached on eviction, if one of the parties fails to comply with the agreement, it can be enforced directly through execution.
Professional Support with Atakan Ayhan Law Firm
Tenant eviction lawsuits and mandatory mediation processes require serious legal knowledge. A wrong step, from the perspective of both landlords and tenants, can lead to financial losses.
Attorney Atakan Ayhan and his team provide professional support to their clients at every stage, from the mediation process to the litigation process, with their expertise in rental law. Working with a specialized law firm regarding eviction requests, rental agreement disputes, and litigation periods will prevent loss of rights.
As of 2025, tenant eviction lawsuits cannot be filed without a mandatory mediation process. The mediation period is limited to a maximum of 4 weeks, and reaching an agreement during this process is much faster and more advantageous than going to court. The right to file a lawsuit remains reserved if an agreement cannot be reached.
Eviction lawsuits are sensitive processes for both tenants and landlords. Therefore, it is crucial for the parties to know their rights and seek professional legal support.
