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A new ruling by Türkiye’s highest civil court has made it easier for landlords to evict tenants who fail to pay building management fees or utility bills, even if monthly rent is paid in full.
The decision confirms that unpaid ancillary costs such as apartment maintenance fees, electricity, and water bills can now trigger eviction under the same legal procedure used for unpaid rent. The ruling applies nationwide and is binding for all courts.
The General Assembly of the Supreme Court of Appeals (Yargitay Hukuk Genel Kurulu) ruled that tenants are legally responsible for ancillary costs arising from their lease in addition to rent.
These costs include apartment management fees paid to building management as well as electricity and water bills. The court stated that failure to pay these expenses constitutes a breach of the lease and may justify contract termination and eviction.
The ruling makes clear that non-payment of these costs qualifies as a valid eviction ground even when rent payments continue without delay.
The court confirmed that the statutory eviction procedure for unpaid rent also applies to unpaid ancillary costs.
When such costs remain unpaid, landlords may initiate enforcement proceedings. Once formal notice is served, tenants are granted a 30-day period to settle the outstanding debt.
If the tenant does not pay within those 30 days, legal default occurs. This allows landlords to proceed with eviction on the grounds of non-payment.
Real estate law expert Ali Guvenc Kiraz told Milliyet that courts should treat cases where rent is paid but ancillary costs remain unpaid as incomplete payment.
Kiraz said that if a tenant pays rent but does not pay building fees or utility bills within the 30-day enforcement period, courts should issue eviction decisions based on insufficient fulfillment of lease obligations.
He added that this interpretation allows eviction rulings to be implemented faster than before, as disputes over whether ancillary costs justified eviction previously delayed court decisions.
The court clearly identified which expenses fall under the tenant’s legal responsibility beyond rent.
These include:
According to the ruling, these expenses are monetary obligations arising directly from the lease agreement. Their non-payment carries the same legal consequences as unpaid rent.
In the case examined by the court, the tenant failed to pay these expenses for an extended period and did not settle the debt within the legally granted 30-day period. The eviction decision was upheld.
The ruling overturned earlier lower court decisions that had favored the tenant. The General Assembly resolved conflicting interpretations and established a binding precedent for all courts.
Real estate law expert Kiraz said the decision comes at a time when rent disputes and eviction cases are increasing. He noted that courts are now expected to issue faster eviction decisions when tenants fail to meet all payment obligations under their lease.
The ruling applies to both residential properties and roofed workplaces and leaves little room for differing interpretations at the lower court level.
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