How To Evict A Tenant Based On Need In Turkey

Lease agreements are established through mutual agreement. However, the landlord's or his relatives' needs may change after signing the lease agreement. In such cases, if the tenant does not vacate the property, an eviction lawsuit may be initiated due to the landlord's need. This article covers eviction due to residential needs, eviction due to business needs, eviction due to the new owner's needs, and answers frequently asked questions about eviction due to need.

How to Evict a Tenant Based on Residential Needs

The Turkish Code of Obligations lists limited reasons for the termination of a lease agreement and eviction due to need is one of these reasons. According to the law, if the lessor or their spouse, descendants, ascendants, or persons they are legally obliged to support require the property for residential or business purposes, the tenant's eviction due to need may be requested. Only the needs of the persons listed here can be considered for eviction due to need. Therefore, eviction cannot be requested based on the needs of the lessor's siblings, uncles, aunts, or else.

According to the precedents, the need must be sincere, genuine, and essential. As the principle of protecting the tenant is dominant in Turkish rental law, a temporary need cannot be considered a valid reason for eviction. Each specific case must be evaluated separately, and the fulfillment of the conditions for the need must be examined. For example, in a precedent, a need for holiday use was not considered a valid need for eviction as it did not meet an essential and continuous requirement. Additionally, the need must exist at the time of filing the lawsuit and at the end of the lawsuit. A need that may arise in the future may not always be considered genuine, sincere, and essential during the trial stage. According to the precedents temporary needs that are those not continuous, that have not yet arisen, or that require a long time to realize cannot create a reason for eviction. Furthermore, it is not necessary for the person in need, to be a tenant in another property, or to be under the threat of eviction.

How to Evict a Tenant Based on Business Needs

The law clearly states that eviction may be requested both for residential and business needs. Just like in cases of residential needs, eviction due to business needs also requires the need to be genuine, sincere, and essential. The judge will determine the nature of the need through evaluation. The Supreme Court has set stricter conditions for eviction based on business needs compared to residential needs. In established precedents, it has been stated that for a landlord requesting eviction due to business needs, the genuineness of the need will be considered only if the landlord is under the threat of eviction by being a tenant elsewhere. In cases where there is no eviction threat, it is required for the rented property subject to eviction to be of superior quality for the intended business or, at worst, equivalent in quality. In eviction cases based on business needs, there are also certain criteria for the sincerity of the request. For example, if the landlord intends to evict an accounting office located on an intermediate floor but states that it will be used as a tire depot, the request for eviction may not be considered sincere. Placing a depot with a significant load on an intermediate floor can be physically hazardous and harmful. Therefore, in such cases, a forensic examination is conducted to determine whether the intended business is suitable for the property in question.

In cases where the landlord is a company, it can only make an eviction claim based on its own needs, as corporations cannot have relatives. For example, if a corporation is a nonprofit association, it cannot request eviction based on the needs of another individual or legal entity.

How to Evict a Tenant Based on the New Owner's Needs

The law has laid out a roadmap for the process of transferring the rented property to a new owner. The new owner can file an eviction lawsuit based on his, his spouse's, his descendants', ascendants', or persons he is legally obliged to support needs. For this, within one month from the acquisition date, the purchase must be communicated to the tenant in writing, and after six months from the notification, the new owner can terminate the lease agreement through an eviction lawsuit based on the need. Additionally, after the expiration of the contract period, a request for eviction based on the new owner's need can be made within one month according to general provisions. In this case, giving a 6-month deadline would be unnecessary.

According to Article 1009 of the Turkish Civil Code, rights arising from a lease agreement can be registered on the property title deed. With this registration, the rights arising from the agreement can be asserted against third parties who later acquire rights over the property. The act of registering this right aims to protect existing rights against changes in circumstances.

Eviction Lawsuit Based on Need

The law sets a one-month time limit for filing an eviction lawsuit based on need. In other words, the eviction lawsuit based on need must be filed within one month after the end of the lease term. If an eviction notice based on need is sent, the lawsuit can be filed until the end of the lease term. In cases where the lease term is indefinite, a prior notice of termination must be sent to the tenant to inform the tenant about the end date of the contract, and the eviction lawsuit must be filed within one month after the notice is given. In the case of eviction due to the new owner's need, an eviction notice must be sent within one month from the acquisition date, considering the notice period for eviction due to necessity. Then, six months after the notification letter, the lawsuit must be filed.

During the eviction lawsuit based on need, all evidence is evaluated, witnesses are heard, inspections are conducted, and a decision is made based on the need's urgency and sincerity. Insincere claims are rejected, and the judge does not grant the eviction. Examples of such claims include the landlord requesting the same property while already having another vacant property that meets his need or filing an eviction lawsuit with the aim of increasing the rent. In such cases, the judge will evaluate the circumstances of the specific case and decide based on the sincerity of the need.

Prohibition of Re-Renting

After an eviction based on need, there are certain restrictions on re-renting the property. First, if an eviction decision was taken based on need, the property cannot be rented to a third party other than the former tenant for three years. If the need no longer exists, and the property is to be rented again, a fair offer must be made to the former tenant according to the principle of honesty. If the former tenant refuses the offer, the landlord can then rent the property to third parties. Failure to comply with these rules will result in the lessor being liable for damages.

Frequently Asked Questions

How long does an eviction lawsuit based on need take?

Eviction based on need must be filed within one month from the end of the lease term. However, in the context of indefinite contracts within the scope of the Turkish Code of Obligations, a lawsuit must be filed within one month after sending a notice of termination three months before the renewal date. Due to workload, lawsuits can take several years. However, without the assistance of an expert rental dispute attorney, the conclusion of the case may take even longer.

Who pays the court costs in an eviction lawsuit?

During the lawsuit, the plaintiff is responsible for the expenses. Subsequently, these costs and other litigation expenses are collected from the party that loses the case.

Is it mandatory to send an eviction notice based on the new owner's need?

To initiate an eviction lawsuit based on the new owner's need, the new owner must send a notice to the tenant within one month from the acquisition date to inform the tenant of the situation. After this notice, the new owner has a six-month period to file the lawsuit. Additionally, the new owner can file the lawsuit within one month from the end of the lease without sending a notice. Although not mandatory, sending a notice can be beneficial to avoid any potential loss of rights.

What are the eviction laws in Turkey?

Eviction laws in Turkey are regulated under the Turkish Code of Obligations. To evict the tenant based on need, it is required to file a petition to the competent court within one month from the termination of the lease. The judge will conduct an examination with expert reports to investigate whether the necessity is genuine, sincere, and essential. If it is determined that the need is genuine, sincere, and essential, the judge will rule in favor of eviction based on need.

Can an evicted property be sold?

There is no legal obstacle preventing the sale of a property after eviction based on need.

Is the eviction based on need lawsuit subject to mediation?

Yes, with the law on the Amendments on the Execution and Bankruptcy Law and Other Laws No. 7445, also known as the 7th Judicial Reform Package, and the Law No. 6325 on Mediation in Civil Law Disputes, disputes arising from tenancy relationships have been included within the scope of mandatory mediation. Since the regulation will enter into force on September 1st, 2023, it will be mandatory to resort to mediation for cases filed after this date.

CONCLUSION

Disputes that may arise between landlords and tenants can cause material and psychological distress to the parties involved and result in difficult times for them. Especially when it comes to business or residential properties, the dispute can play a key role in a person's life, and prolonged legal proceedings can exacerbate the hardship. Due to the prevalence of disputes arising from rental relationships, the workload of courts dealing with these cases is very high. Therefore, mistakes made during this process can lead to significant time and monetary losses. However, if the entire process is managed in a controlled manner and the correct steps are taken with the assistance of an expert real estate law firm, it may be possible to gain advantages.

Inflation and the 25% rent increase limit adversely affect rental prices. As a result, landlords are suffering losses and facing significant hardships. If the necessary conditions are not met for an eviction lawsuit based on need, other eviction reasons can be explored, or if the conditions are met, a rent determination lawsuit or a rent adjustment lawsuit can be filed.

Originally published 25 July 2023

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.