Mandatory mediation in Turkish tenancy disputes

In brief: Under Article 18/B of Law No. 6325, an application to a mediator is a prerequisite before filing a lawsuit arising from a tenancy relationship, except for provisions on eviction of leased property through non-judgment enforcement under Law No. 2004. The rule took effect on 1 September 2023. The statutory exception and the legal route for the specific claim must be considered together.

Which tenancy disputes are covered?

Article 18/B generally requires a mediation application before filing a lawsuit arising from a tenancy relationship. Ministry of Justice materials give examples such as rent, rent determination or adjustment, claims and eviction. Whether a particular claim follows this route depends on its legal basis and the procedure being used.

The prerequisite does not require the parties to reach an agreement. Mediation is the application and discussion process required by law; if the parties do not settle, a final report is drawn up and court proceedings may follow, depending on the claim.

What is the eviction exception?

Article 18/B expressly excludes provisions on eviction through non-judgment enforcement under the Enforcement and Bankruptcy Law No. 2004. This does not mean that every eviction dispute is outside mediation. It matters whether eviction is pursued within enforcement proceedings or through a court action.

Ministry of Justice publications explain this distinction. The enforcement route, type of claim and forum should be considered before drawing a general conclusion about whether mediation is required.

Where is an application made?

The Ministry of Justice Mediation Department says that applications are made at mediation offices in courthouses; where there is no such office, the civil court of peace registry performs that function. If the parties settle, an agreement document is prepared; otherwise, the mediator draws up a final report.

Article 18/A also addresses procedural effects, including suspension of limitation and non-running of forfeiture periods between application and the final report. How those rules apply depends on the claim and any special legislation.

See Articles 18/A and 18/B of Law No. 6325 and the Ministry of Justice Mediation Department FAQ. This note gives general information, not an assessment of a particular tenancy dispute.