Learn how foreign property owners can remove squatters, former tenants and unauthorized occupants from real estate in Turkey through eviction, possession and compensation proceedings.

Foreign property owners sometimes discover that another person is occupying their apartment, villa, land or commercial property without legal permission. The occupant may be a former tenant, previous owner, relative, caretaker, unauthorized subtenant or complete stranger.

The owner should not attempt to remove the occupant personally by force, change the locks without legal assessment or disconnect essential services. Turkish law provides judicial, enforcement and—in some circumstances—administrative procedures for restoring possession.

The correct legal remedy depends on one fundamental question: Did the occupant originally enter the property under a valid legal relationship?

Who Is Considered an Illegal Occupant?

An illegal occupant may be someone who:

• entered the property without the owner’s permission;
• remains after a lease has legally ended;
• occupies the property under an expired authorization;
• refuses to leave after the property has been sold;
• uses the property despite revocation of consent;
• took possession through force, deception or unauthorized entry;
• occupies jointly owned property without respecting the other owners’ rights;
• claims ownership without a valid title deed.

A former tenant and a squatter are not legally identical. Different procedures may apply.

First Step: Verify Ownership and Occupation Status

Before commencing proceedings, the owner should collect:

• the current title deed record;
• identity information for the occupant;
• any lease or authorization agreement;
• termination notices;
• payment records;
• utility or building-management records;
• photographs and videos;
• witness information;
• correspondence with the occupant;
• police or incident reports, where available.

The owner’s title deed proves registered ownership, but the court will also examine how the occupant entered and whether they currently have a valid legal basis to remain.

Removing an Occupant Who Never Had Permission

Where a person occupies property without any contractual or legal right, the owner may generally bring an action for prevention of interference, commonly described as an action to prevent unlawful occupation.

The owner may request:

• termination of the unlawful interference;
• delivery of the property;
• removal of structures or belongings where legally appropriate;
• compensation for unauthorized use;
• compensation for physical damage;
• an interim injunction in urgent cases.

This remedy is different from an ordinary tenant-eviction case because the claim is based on ownership and unlawful interference rather than a rental agreement.

Removing a Former Tenant

A tenant does not automatically become removable merely because the owner asks them to leave. The lease must be terminated on a legally recognized ground.

Possible grounds may include:

• non-payment of rent;
• valid written evacuation undertaking;
• expiration of certain fixed-term arrangements under applicable rules;
• owner’s genuine housing or workplace need;
• reconstruction or major renovation;
• repeated payment defaults;
• unauthorized transfer or subletting;
• serious contractual breach.

Rental disputes, except certain eviction proceedings conducted through non-judicial enforcement, are generally subject to mandatory mediation before a lawsuit can be filed. Turkey introduced mandatory mediation for rental disputes from 1 September 2023, and the system remained in effect in 2026.

Eviction Through Enforcement Proceedings

Where the dispute concerns unpaid rent or a legally effective written evacuation undertaking, eviction may sometimes be pursued through an enforcement office rather than beginning with a full civil lawsuit.

The procedure may involve:

1. commencement of enforcement proceedings;
2. service of a payment or eviction order;
3. the occupant’s right to object;
4. proceedings to remove the objection where necessary;
5. issuance of an enforceable eviction decision;
6. physical eviction through the enforcement office.

The owner should not personally enforce the decision. Physical removal must be carried out by the competent enforcement authorities.

Administrative Protection Against Unlawful Occupation

In certain cases involving recent interference with possession, an application may be possible under the administrative procedure designed to prevent unlawful interference with immovable property.

This mechanism may be useful where possession was taken without permission and the statutory conditions and application periods are met.

However, administrative authorities do not resolve complicated ownership, lease or contractual disputes in the same way as civil courts. Where the occupant claims a legal right or the matter requires detailed evidence, judicial proceedings may still be necessary.

Can the Owner Change the Locks?

Changing the locks may create legal risk where the occupant entered under a lease or other lawful arrangement.

Depending on the circumstances, self-help measures may result in allegations concerning:

• unlawful entry;
• interference with possession;
• damage to property;
• removal or loss of personal belongings;
• coercion or threats;
• violation of residential privacy.

Even a registered owner should normally obtain an enforceable legal decision rather than personally removing the occupant.

Can Electricity, Water or Gas Be Disconnected?

Disconnecting essential services to force someone out is risky.

The occupant may seek emergency protection, compensation or other legal remedies. Service contracts and responsibility for unpaid bills must be handled separately from the eviction process.

Utility disconnection should not be treated as a substitute for a lawful possession or eviction proceeding.

Compensation for Unauthorized Use: Ecrimisil

An owner may claim compensation for the period during which the property was occupied without legal justification. This is commonly referred to as ecrimisil, or compensation for wrongful occupation.

The amount may be calculated by considering:

• market rental value;
• property type and location;
• duration of occupation;
• nature of use;
• income obtained from the property;
• damage caused by the occupant.

An expert examination may be required. The compensation claim may be combined with or pursued separately from the action to recover possession, depending on the case.

What If the Occupant Damaged the Property?

The owner may seek compensation for:

• structural damage;
• damaged fixtures;
• unauthorized alterations;
• missing furniture;
• unpaid common expenses;
• restoration costs;
• loss of rental income.

Evidence should be preserved before repairs begin. Photographs, expert reports, invoices, management records and witness statements may be important.

A court-based evidence-preservation application may be appropriate where the condition of the property could change.

What If the Occupant Claims Ownership?

An occupant may allege that:

• they purchased the property;
• they inherited it;
• they paid the purchase price;
• the title deed is incorrect;
• they have acquired rights through long-term possession;
• the registered owner holds the title on their behalf.

Such allegations do not automatically defeat the registered owner’s claim. However, they may transform the dispute into a more complex title deed, inheritance or ownership case.

The title records, contracts, payment evidence and history of possession must then be examined carefully.

Properties Occupied by the Former Owner

A buyer may purchase a property but discover that the former owner refuses to leave.

The new registered owner may generally seek delivery and prevention of unlawful occupation. However, the sale agreement should first be reviewed to determine whether the former owner was granted:

• a temporary occupancy period;
• a lease;
• a right of residence;
• a delivery extension;
• another contractual right.

Where no continuing right exists, the buyer may pursue possession and wrongful-occupation compensation.

Jointly Owned Property

A co-owner may use jointly owned property, but that right is not unlimited. One co-owner may not necessarily exclude all others from possession.

Possible remedies include:

• prevention of interference;
• compensation for exclusive use;
• determination of use;
• partition or dissolution of co-ownership;
• sale of the jointly owned property.

Disputes involving dissolution of co-ownership and certain other property matters are included within mandatory mediation requirements before litigation.

Criminal Complaint: Is Illegal Occupation a Crime?

Not every unlawful occupation constitutes a criminal offence. Many cases are civil possession or tenancy disputes.

A criminal complaint may nevertheless be considered where the facts involve:

• breaking and entering;
• threats or violence;
• forged documents;
• property damage;
• theft;
• fraud;
• violation of residential privacy.

A criminal complaint does not automatically restore possession. The owner may still need a civil judgment or enforcement procedure.

Foreign Owners Do Not Need to Be in Turkey

A foreign property owner may generally pursue the case through a Turkish lawyer acting under a properly prepared power of attorney.

The lawyer may:

• investigate title and occupancy records;
• send a formal notice;
• apply for mediation;
• commence enforcement proceedings;
• file an eviction or possession lawsuit;
• request interim measures;
• attend hearings;
• enforce the final decision;
• pursue compensation.

The power of attorney may need notarization, legalization or an Apostille and certified Turkish translation if executed abroad.

Legal Remedies and Appeal Process

A property owner may follow these steps:

1. verify the current title deed;
2. determine whether a lease or other right exists;
3. preserve evidence of occupation;
4. send a formal notice where appropriate;
5. apply for mandatory mediation if the dispute arises from a rental relationship;
6. use enforcement proceedings where legally available;
7. file an eviction or prevention-of-interference lawsuit;
8. claim ecrimisil and property damage;
9. obtain an enforceable decision;
10. request physical eviction through the enforcement office;
11. appeal an unfavourable judgment.

The legal route should be selected carefully. Filing the wrong type of case may lead to dismissal, delay and additional costs.

Frequently Asked Questions

1. Can I personally remove a squatter from my property?

You should not use force or take unauthorized self-help measures. Removal should normally be carried out through lawful administrative, judicial or enforcement procedures.

2. Can the police immediately remove an illegal occupant?

Police involvement may be appropriate where a criminal offence or immediate security risk exists. However, police generally do not decide complex ownership or tenancy disputes without a legal basis or enforceable order.

3. Do I need mediation before filing an eviction case?

Many rental disputes require mandatory mediation before litigation. Certain eviction proceedings through enforcement are treated differently.

4. Can I claim rent from an illegal occupant?

You may claim compensation for unauthorized use, generally calculated according to the property’s market rental value and circumstances of occupation.

5. Can I change the locks after the lease ends?

Doing so without an enforceable eviction may expose the owner to legal liability. The safer approach is to complete the lawful eviction procedure.

6. What if the occupant refuses to accept notices?

Formal notices and court documents may still be served through legally recognized service procedures. Refusal to physically accept a document does not always prevent valid service.

7. Can a foreign owner start proceedings from abroad?

Yes. A Turkish lawyer may generally handle the process under a valid power of attorney.

8. How is the occupant physically removed?

After an enforceable eviction or possession decision is obtained, the enforcement office conducts the physical eviction according to the applicable procedure.

9. Can I recover damage to the property?

Yes. Repair costs, missing items, unauthorized alterations and certain loss-of-income claims may be recoverable if properly proven.

Client-Focused Legal Support

Fırat Fesih Kaya Law Office assists foreign property owners with illegal occupation, tenant eviction, prevention-of-interference claims, ecrimisil compensation, enforcement proceedings and property-damage disputes in Turkey.

Lawyer Fırat Fesih Kaya

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr

Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

Legal Disclaimer: This article provides general information and does not constitute legal advice. The correct procedure depends on whether the occupant is a tenant, former owner, co-owner, licensee or unauthorized third party.