Ten-Year Extension Period

Also known as: Ten-Year Rule, Landlord's Right to Terminate Without Cause, On Yıllık Uzama Süresi, TCO Article 347

In short

The period in residential and roofed workplace leases after which, once the automatically renewed years following the initial term total ten, the landlord may terminate without giving reasons.

In residential and roofed workplace leases, the landlord cannot end a fixed-term lease by relying on expiry of the term. Unless the tenant gives notice at least fifteen days before expiry, the lease is deemed renewed for one year on the same terms, and this repeats every year. TCO Article 347 gives the landlord a way out of this long-term commitment.

The Rule (TCO Article 347)

Fixed-term leases: At the end of the ten-year extension period, the landlord may terminate without giving any reason, provided it gives notice at least three months before the end of each subsequent extension year.
Indefinite leases: The landlord may terminate by notice under the general rules once ten years have passed since the start of the lease. The tenant may give notice at any time.

Calculation

The ten-year extension period starts when the initial contractual term ends. For example, in a one-year lease starting on 1 January 2015, the initial term ends on 31 December 2015; ten extension years end on 31 December 2025. To terminate at the end of the 2026 extension year, the landlord must give notice by 30 September 2026 at the latest.

Notice and Eviction

Notice should be in writing and provable (notary or registered letter recommended). If the tenant does not vacate despite notice, the landlord files an eviction action; mediation is mandatory beforehand. See Mandatory Mediation.

Related Routes

Before ten years, the lease can be ended only on statutory grounds: eviction for personal need, an eviction undertaking, two justified notices for non-payment, and default. See Commercial Lease.

Frequently Asked Questions

How is the ten-year extension period calculated?

It starts after the initial contractual term ends. For example, in a one-year lease, once ten extension years have passed after the first year — i.e. at the end of eleven years from the start of the lease — the landlord may exercise its right to terminate without cause.

What if the notice deadline is missed?

The landlord must give notice at least three months before the end of each extension year following the ten-year period. If this deadline is missed, termination is postponed to the end of the next extension year.

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