How to Evict a Relative Living Rent-Free in Your Property in Turkey: A Guide to Actions for Prevention of Interference and Ecrimisil

It is quite common in Turkey for a person to be the registered owner of a property while a family elder or close relative has lived in that property for years without paying any rent. Because of family ties, this situation may not be seen as a problem for a long time; but at some point — when the property is needed or relationships break down — the question of how to exercise the right of ownership arises. In this article, we explain, in light of Yargıtay (Court of Cassation) case law, how you can lawfully evict a relative living rent-free in a property registered in your name, and how actions for the prevention of interference (elatmanın önlenmesi) and ecrimisil (compensation for unlawful occupation) work.

Summary of the Situation

In the frequently encountered scenario, the title deed of a property is registered in the name of a single person; however, for years a family elder or siblings of that person have been residing in the property without any lease agreement or right in rem (such as a usufruct right). When the owner eventually wishes to use or rent out the property, they may find that the occupants refuse to leave voluntarily.

The Point of Legal Dispute

The legal characterisation of this situation matters: is the rent-free use by family members "unlawful occupation," or a legitimate use based on the owner's consent? And how can the owner withdraw that consent and recover the property?

What Does the Court of Cassation Say?

The Primacy of the Right of Ownership

Under Article 683 of the Turkish Civil Code (TMK), the owner of a thing has the authority to use, enjoy and dispose of it as they wish within the limits of the legal order, and may bring any action for the prevention of interference against a person who unlawfully withholds their property (Yargıtay 7th Civil Chamber, E. 2025/543, K. 2025/4931, T. 2025; Yargıtay 1st Civil Chamber, E. 2013/21872, K. 2014/12073, T. 2014).

In its settled case law, the Court of Cassation treats this kind of rent-free use between family members as use based initially on "muvafakat" (consent). However, the owner is entitled to withdraw that consent at any time. The most concrete indication that consent has been withdrawn is a formal notice served through a notary (Yargıtay 1st Civil Chamber, E. 2010/5004, K. 2010/6179, T. 2010).

The Path to Follow: Prevention of Interference and Ecrimisil

The most effective legal route in this situation is an action for the "prevention of interference (elatmanın önlenmesi / müdahalenin men'i)" filed before the Civil Court of First Instance (Asliye Hukuk Mahkemesi). Together with this action, "ecrimisil" (compensation for unlawful occupation), accruing from the service of the notarial notice, may also be claimed.

• Prevention of interference: By giving primacy to the registered owner's right of ownership, the eviction of persons using the property without a justified and valid ground is secured (Yargıtay 1st Civil Chamber, E. 2014/11255, K. 2015/13140, T. 2015).
• Ecrimisil: This is the compensation payable by the person who uses the property unlawfully. In intra-family use, the period until the notarial notice is served is deemed "consent-based," so ecrimisil can only be claimed from the expiry of the period granted in the notice (Yargıtay 8th Civil Chamber, E. 2018/4797, K. 2020/3211, T. 2020).
• Competent court: Since there is no lease relationship, the case is heard not by the Civil Court of Peace (Sulh Hukuk Mahkemesi) but by the Civil Court of First Instance (Asliye Hukuk Mahkemesi); this also prevents the application of the restrictive provisions specific to rental law (Yargıtay 1st Civil Chamber, E. 2013/8132, K. 2013/11095, T. 2013).

Why Is the Notarial Notice So Critical?

Sending a notice through a notary before filing suit is decisive both for terminating consent and for fixing the starting date of ecrimisil. The notice must include the following three points:

1. A declaration that consent is withdrawn: It must be clearly stated that rent-free use of the property was permitted until now, but that this consent is withdrawn as of the date of the notice (Yargıtay 7th Civil Chamber, E. 2024/312, K. 2024/5512, T. 2024).
2. A reasonable period for vacating: The addressees must be granted a reasonable period (usually 15-30 days) to vacate the property (Yargıtay 7th Civil Chamber, E. 2021/8324, K. 2023/774, T. 2023).
3. A warning of ecrimisil: It must be stated that if the property is not vacated within the period granted, ecrimisil calculated at the current market rent will be claimed from the expiry of that period, and that legal action will be taken (Yargıtay 8th Civil Chamber, E. 2019/4430, K. 2021/4179, T. 2021).

How Are Common Defences Assessed?

• Paying utility bills and site fees does not create ownership rights. The fact that the occupants pay the utility bills and maintenance fees does not show that they hold a right in the property; such payments are considered a natural consequence of their use (Yargıtay 7th Civil Chamber, E. 2024/793, K. 2024/5666, T. 2024).
• Claims of financial contribution do not stop the case. Defences that the occupants contributed to the purchase of the property, or that it is the family home, do not stop the action for prevention of interference as long as the title deed record has not been annulled (Yargıtay 7th Civil Chamber, E. 2021/8324, K. 2023/774, T. 2023).
• The risk of prolonged silence. The owner's prolonged silence may be interpreted as "implied consent"; breaking that silence with a notarial notice is therefore a fundamental precondition of the action (Yargıtay 7th Civil Chamber, E. 2024/4777, K. 2025/2656, T. 2025).

Points to Watch Out For

• Beware of the right-of-retention defence. The occupants may assert a "right of retention" under Article 994 of the Turkish Civil Code (TMK) on account of necessary and useful expenses they have incurred; in that case, eviction may be delayed until those expenses are paid.
• You cannot claim ecrimisil retroactively. No ecrimisil can be claimed for the period before the notarial notice was sent, because use during that period is deemed consent-based.
• Assess the risks before resorting to the administrative route. Although applying to the district governorship under Law No. 3091 may seem like a fast track, in complex intra-family situations administrative procedures can make enforcement more difficult.

Conclusion: What Should You Do?

As long as the title deed is registered in your name, you have the right to evict a family member living rent-free in your property. However, this process must proceed in the right order: first, send a comprehensive notice through a notary stating that you withdraw your consent and granting a reasonable period to vacate; if the property is not vacated by the end of that period, file an action for prevention of interference and ecrimisil before the Civil Court of First Instance (Asliye Hukuk Mahkemesi).

Because of the emotional dimension of family relationships, these proceedings must be handled with a delicate balance. Obtaining support from a real estate lawyer to draft the notice with the correct content and to conduct the litigation in accordance with procedure will both prevent loss of rights and speed up the process.