In rental agreements made for residential and closed business areas, one of the reasons for the termination of the rental process is, as I mentioned before, the landlord's need for these places.
If the tenant requests to be evicted from the house due to necessity, the landlord may vacate his/her property through such a lawsuit, provided that the legally determined conditions are met.
What is an Eviction Case?
Rental agreements for homes and workplaces may be terminated upon expiration of the specified period of the agreement, or may be terminated by an eviction lawsuit. This lawsuit can be initiated by the landlord as a result of a mistake made by either the tenant or the landlord. The landlord may request the evacuation of the rented property, adhering to the conditions specified in the law and taking other necessary steps. Cases in which the landlord vacates his property through such a lawsuit are called eviction cases. Details regarding Lease Agreements and Closed Workplace Leases in our country are determined by the Law of Obligations No. 6098.
What are the Reasons for a Disposal or Eviction Case?
The reasons for the lawsuit, called expulsion or eviction lawsuit, are stated in the Code of Obligations. We can divide these reasons into two categories: reasons arising from the fault of the tenant or the landlord.
The main reasons for the landlord's request for eviction are as follows:
• The need arises to use it as a home or workplace for the homeowner, his family or his legal dependents,
• The homeowner or his family needs a workplace to engage in a certain profession or art,
• The need for a new purchaser to use the property for living or working purposes,
• The possibility of the house or workplace being rendered uninhabitable in order to be rebuilt or replaced.
The Reasons for Eviction of the Tenant are as follows:
• The tenant does not fulfill his written commitment to vacate the house,
• The landlord rightfully gave two warnings due to non-payment of rent,
• If the tenant or his family has another house in the same area, eviction may be requested in such a case.
When Might A Homeowner Need It?
A property owner needs the house or workplace he rents at certain periods. If such a need arises, by law the homeowner can return to his property with certain rights.
According to the Turkish Code of Obligations, a request for evacuation can be made for certain needs:
a) If the landlord's family or legally dependents need the rented property for living or working purposes, the landlord may request eviction. However, this need must be based on a sincere and realistic basis. The importance of this criterion is also highlighted in the decisions taken by the Supreme Court.
b) If the rented place needs renovation for the purpose of reconstruction, expansion or modification and the property becomes unusable during this renovation, the landlord has the right to vacate the property.
c) The fact that the new owner of the property faces a certain need is also considered a reason for eviction. If the owner of the rented property changes, this new owner becomes a new party to the lease agreement. The new homeowner or his or her dependents by law can vacate the property when there is a specific need. However, courts want to make sure that these needs are real and genuine.
How to Initiate an Eviction Case Based on Need by the Lessor?
1. If the rented property is needed for the lessor or his family, direct descendants or dependents, the lessor may file an eviction lawsuit within one month from the specified time period, paying attention to the termination notice.
2. In case the leased property needs to be reconstructed, expanded or modified, the lessor has the right to file a lawsuit within one month, complying with the termination notice periods.
3. If the property has a new owner and this new owner needs the property, the law provides two different options:
The new owner must submit the eviction request to the tenant in writing within one month from the date of purchasing the property. If he fulfills this condition, he can file a lawsuit for release after 6 months. At this point, the decisions taken by the Supreme Court should be taken as reference.
According to the decisions taken by the Supreme Court, an individual who has just purchased a property can, if he wishes, send a written eviction notice to the tenant within one month from the date of purchase, based on the existing lease agreement or by observing Article 351 of the Turkish Code of Obligations. The lawsuit can be filed immediately at the end of this six-month period or at any time until the end of the lease. However, it is essential that this notification be delivered to the tenant within the first month after the purchase, and if it is not done within this period, it is not possible to compensate for this situation.
When Does the New Owner's Right to File an Eviction Case Begin?
The new property owner can initiate an eviction lawsuit within 1 month from the date of termination of the lease. The law offers the new owner two different options to evict the tenant, and the new owner can file a lawsuit using one of these options.
What is the Re-rental Prohibition and in Which Circumstances Does It Apply?
If a property is evacuated due to necessity, the lease officially ends. After this eviction, the property owner is prohibited from renting the property to anyone other than the former tenant for 3 years. This is called a 'no re-lease'. Of course, this is evaluated when there are justified reasons. However, as a general rule, the property owner should not rent the property to anyone other than the former tenant for 3 years. Property owners who do not comply with this ban may face compensation in the minimum amount of the last year's rent paid in accordance with Article 355 of the Code of Obligations. So the property owner may choose to re-let, but this decision may have financial consequences.
Who are the Parties to the Eviction Case Regarding the Requirements of the Lessor?
When it comes to this type of lawsuit, the lessor is always the plaintiff. In other words, even if the rented property is needed by someone else, the lawsuit is filed by the lessor.
The defendant is the person or persons who are tenants in the property. What is important is who is stated as the tenant in the lease agreement.
In Which Court Is The Eviction Case Filed?
An eviction lawsuit arising from the need of the lessor is initiated in the Civil Court of Peace where the property is located.