Must a Tenant Leave When the Lease Expires?

1. What happens when a one-year lease expires?

An end date in the lease does not oblige the tenant to vacate on that date. Under Article 347 of the TBK, a fixed-term lease extends for one year unless the tenant gives termination notice at least 15 days before expiry. A new agreement need not be signed each year. The landlord cannot terminate solely because the term has ended. Termination notice must be written. [1]

This protection does not allow indefinite occupation in every circumstance. The outcome may change if a statutory eviction ground or the conditions for termination without cause in a long-running tenancy arise.

This guide concerns residential and roofed commercial premises. The same rules may not apply to other leases, such as land or open car parks, or leases of six months or less for property inherently intended for temporary use. [1]

2. When can eviction be sought?

The table distinguishes common situations. An eviction ground does not authorise the landlord to remove the tenant by force; required notices and procedures must also be completed.

These grounds are assessed under Articles 310, 315 and 347–352 of the TBK. [1]

3. The landlord says “I or my child will live there”

The landlord may rely on residential or business needs of themselves, their spouse, descendants such as children and grandchildren, ascendants such as parents, or other persons they are legally obliged to support. Not every relative is included.

Simply saying “I need it” is insufficient; the necessity of using the property must be established. Current housing or working circumstances and supporting documents matter. For fixed-term leases, a needs-based action is generally brought within one month after expiry. The effects of mediation and written notice of intended proceedings on timing require separate assessment. [1]

Reconstruction, redevelopment or substantial repair may also justify eviction, but use of the property must be impossible during the works; ordinary painting and minor alterations alone do not suffice. Unsafe-building and urban-renewal procedures are assessed under their own legislation.

Reletting after obtaining eviction for need is restricted. Article 355 prohibits letting to anyone other than the former tenant for three years without a justified reason. Breach may give rise to compensation. However, no automatic entitlement can be assumed for every move without examining how vacation occurred and the other requirements. [1]

4. Can a new owner evict immediately after a sale?

No. Sale does not automatically end the lease; the new owner becomes a party to the existing agreement. Sale alone does not require the tenant to sign a new agreement or move immediately. [1]

If the new owner or a statutorily specified relative needs the property, Article 351 offers two possible routes:

• Give written notice to the tenant within one month of acquisition and bring eviction proceedings after six months from acquisition.
• Bring a needs-based action within one month after the existing lease term expires.

The six months in the first route runs from acquisition. Do not assume “a notice arrived, so I can always stay another six months”. Check acquisition and service dates, lease expiry and mediation together. A notice from the new owner alone does not authorise forced eviction. [1]

5. If you signed an undertaking to vacate

An undertaking to vacate is a written commitment to leave on a specified date, providing a basis distinct from ordinary lease expiry. Article 352 requires it to be given after delivery of the premises. Lack of notarisation does not alone invalidate it. [1] [4]

If the tenant does not leave on the date in a valid undertaking, the landlord may initiate enforcement or sue within one month of that date. If litigation is chosen, the mediation requirement must also be considered.

Do not rely on “I signed it blank, so it is invalid”. The signature, actual delivery date and whether blanks were completed contrary to agreement matter for proof. A blank-signature defence is not accepted in every case; review the whole document and correspondence. [5]

The spouse’s position in a family home requires separate assessment. A non-tenant spouse subsequently becoming a party does not automatically invalidate an earlier valid undertaking. [6]

6. Unpaid rent: the 30-day period and two justified notices

These are different eviction routes. “I cannot be evicted before two notices” is not correct.

Allowing time to pay an outstanding debt

Under Article 315, if due rent or ancillary charges remain unpaid, the landlord may give written notice allowing payment and warning of termination if payment is not made. For residential and roofed commercial premises, at least 30 days must be allowed, starting the day after notification. Failure to pay in time may support termination and eviction. Two separate notices are not necessarily required for this route. [1]

Eviction based on two justified notices

For leases of one year or more, causing two justified written notices for unpaid rent within the same rental year is a separate ground for proceedings. Any two messages, or two notices for the same debt, do not automatically suffice. Due dates, service and payment dates must be examined. For shorter leases, assessment is made over the lease term. [1]

An action on this ground is generally brought within one month after the relevant lease term or rental year ends. The effects of mediation and written notice of intended litigation must also be calculated. Payment after notice does not invariably remove its effect for the two-notice ground.

7. How is the ten-year extension period calculated?

For fixed-term leases, the law refers to a ten-year extension period, not ten years from moving in. First complete the initial contractual term, then count ten extension years. The landlord may terminate without cause by written notice at least three months before the end of the extension year following that period. [1]

This example assumes an ordinary fixed-term relationship not subsequently reorganised by a new lease. Later documents and transitional provisions for older leases may affect the result. For indefinite-term leases, general termination periods and notice rules apply after ten years from commencement; the above addition is not directly used.

8. Does disagreement over an increase justify eviction?

Refusing every increase requested by the landlord is not itself an eviction ground. The new rent is determined under the contract and Article 344. After five years, judicial determination may be available; completion of five years does not automatically create an eviction right. [1]

However, stopping payments entirely or paying below the legally due amount because you disagree with an increase creates different risks. The proposed increase and rent legally payable must be assessed separately. A one-year extension does not necessarily mean unchanged rent.

9. What to do after receiving a message, notice or enforcement document

1. Identify the document. A landlord’s message, notarial notice, mediation invitation, claim petition and enforcement eviction order have different effects. An ordinary “leave” message is not an eviction judgment; official service should not be ignored.
2. Record the service date. Keep the envelope, electronic service record and attachments. Time does not always run from the issue date on the document.
3. Identify the ground. Expiry, need, debt, undertaking or long-term termination each requires different checks.
4. Gather documents. The initial lease, later protocols, bank receipts, undertakings and correspondence are needed for an individual assessment.
5. Have response and objection deadlines checked. An enforcement deadline may differ from the time to respond to a claim. Mediation does not suspend every enforcement deadline.

The landlord cannot independently change locks, seize belongings or cut services to pressure a tenant into leaving. Forced eviction requires a legal basis and enforcement procedure. But it is also incorrect to say an ordinary eviction lawsuit is always necessary; enforcement without a judgment may be available if its requirements are met. [2]

10. Mediation, litigation and deadlines

Since 1 September 2023, mediation is generally compulsory before tenancy litigation. Eviction without a judgment under the Enforcement and Bankruptcy Law is an exception. Applications to an enforcement court and actions in a civil court of peace should not be treated as following the same procedure. [2]

A mediator does not order eviction. Parties may agree on the vacation date, debts, deposit and handover conditions. The agreement has legal consequences, so obligations and dates should be clear before signature. If no agreement is reached, the appropriate judicial route remains.

In mandatory pre-action mediation, limitation is suspended and forfeiture periods do not run between application and the final record. Do not extend this rule to all notices or enforcement objection deadlines. The one-month litigation period differs from the new owner’s one-month notification period. [7]

Under Article 353, timely written notice of intended proceedings may extend the litigation period by one rental year. Not every notice extends every deadline; examine its content, basis and timing. [1]

11. A brief check for your situation

• Only the lease end date has arrived: For residential and roofed commercial premises, that alone does not require you to leave.
• Need, debt or an undertaking is alleged: The issue is more than expiry; examine the particular ground and documents.
• The property was sold: The tenancy continues; check the special conditions if the new owner pursues a needs-based remedy.
• You have occupied the property for many years: Separate the initial term from extension years when calculating notice dates.
• A court or enforcement document arrived: Do not ignore it relying on the general extension rule; check response or objection deadlines.

For landlords too, the first step is to identify an eviction ground supported by the documents. Assess its requirements and procedural calendar together rather than relying solely on expiry.