Etiler Rental Dispute: British Tenant Wins ‘Irregular Notification’ Appeal, Raising Questions About Landlord Practices
Istanbul, Turkey – A high-profile rental dispute in Istanbul’s prestigious Etiler district has sent shockwaves through the local real estate market, as a British tenant successfully challenged an eviction order, citing an ‘irregular notification’ in court proceedings. The case, which began in 2021, has escalated through local and appellate courts, shedding light on the intricate legal landscape surrounding landlord-tenant relationships, particularly when foreign nationals are involved.
The saga began on September 1, 2021, when a landlord rented out their property in Etiler for 20,000 Turkish Lira to a British individual. Following the lease agreement, a notarized eviction undertaking was signed by both parties, with the assistance of a translator due to the tenant’s foreign nationality. However, a year later, when the tenant failed to vacate the property on the agreed-upon date, the landlord initiated enforcement proceedings.
The Tenant’s Defense: ‘I Don’t Speak Turkish, the Undertaking is Fraudulent’
The British tenant immediately contested the enforcement proceedings, claiming that they did not understand Turkish and that the eviction undertaking was ‘fraudulent’. They asserted that they were unaware of the document’s implications, despite it being signed in the presence of a notary and a translator. This challenge brought the enforcement proceedings to a halt, prompting the landlord to file a lawsuit for the annulment of the objection on April 11, 2023. By this time, the property’s rent had reportedly surged to 60,000 Turkish Lira.
Local Court Rules for Eviction, Tenant Appeals
The local court initially ruled in favor of the landlord, stating that all notifications had been properly served and that there were no irregularities. Consequently, an eviction order was issued against the tenant. However, the tenant promptly appealed this decision, escalating the case to the appellate court.
Appellate Court Overturns Eviction Due to ‘Irregular Notification’
The appellate court’s review of the case revealed a critical flaw in the notification process. Attorney Gizem Gonce, who spoke to Milliyet.com.tr, explained the intricacies of the ruling: “The appellate court found that a notification delivered to a neighbor, citing the recipient’s absence, was irregular because the neighbor’s full name and signature were not explicitly recorded. This is a crucial procedural requirement.”
Specifically, the appellate court highlighted that when a notification is left with a neighbor because the intended recipient is unavailable, the neighbor’s name and signature must be clearly documented. The absence of this detail rendered the notification ‘irregular’, leading to the reversal of the local court’s eviction order on December 31, 2025.
Implications for Landlords and Foreign Tenants
This ruling has significant implications for landlords, particularly those renting to foreign nationals. Attorney Gonce emphasized the challenges associated with serving notifications to foreign tenants who may not have a registered MERNIS address, often relying on addresses provided by the Provincial Directorate of Migration Management.
“Foreign tenants often use this loophole to prolong legal proceedings,” Gonce stated. “To prevent such issues, landlords should always consult with a lawyer during the rental process to ensure the accurate identification of the tenant’s actual address and to navigate the complexities of international tenancy laws.”
While the appellate court upheld the validity of the eviction itself, it mandated that the procedural deficiency regarding the notification be rectified by the local court before the eviction could be enforced. This decision underscores the paramount importance of strict adherence to legal procedures in all landlord-tenant disputes.
Questions Remain Unanswered
- How many similar cases of ‘irregular notification’ have occurred in rental disputes involving foreign nationals in Istanbul?
- What measures will the local courts and enforcement agencies take to ensure proper notification procedures are followed in the future?
- What impact will this ruling have on the confidence of landlords renting to foreign tenants in Turkey?
- Will there be a review of current notification protocols to prevent such procedural errors?
The Etiler case serves as a stark reminder that even with notarized agreements, procedural missteps can significantly alter the outcome of legal battles, leaving both landlords and tenants in a state of uncertainty. The focus now shifts back to the local court to address the ‘irregular notification’ and determine the ultimate fate of the Etiler property.
