The lawsuit for eviction due to necessity is one of the important elements of rental law and is a type of lawsuit that is frequently used for various reasons such as increasing rental prices, real estate sales, housing needs and urban transformation.
An eviction lawsuit due to necessity is a lawsuit filed to ensure the eviction of the tenant within the framework of the conditions specified in Articles 350 and 351 of the Turkish Code of Obligations. Such cases require the lessor or new owner to prove a genuine and genuine need for housing or business.
Types of Eviction Due to Necessity Case:
The case for eviction due to necessity can be examined in various types according to the relevant articles of the Turkish Code of Obligations:
1. Needs of the New Owner: It can be opened if the new owner needs the real estate he purchased for himself or his relatives.
2. Lessor's Own Needs: It can be opened due to the lessor's need to use the rented real estate as a residence or workplace for himself.
3. Needs of the Lessor's Relatives: It can be opened if the lessor's relatives such as mother, father, spouse, child need shelter or a workplace.
4. Reconstruction or Reconstruction of the Leased Property: It can be opened in cases where the current tenant must be evacuated for the purpose of reconstruction or reconstruction of the leased property.
Opening of the Case and Burden of Proof:
In a suit for eviction due to need, the plaintiff must prove that his need is real and sincere. The plaintiff must support his need with documents and concrete evidence. The court may decide to evict the tenant by evaluating the evidence presented.
Such cases aim to both protect the rights of tenants and meet the legitimate needs of lessors. Therefore, it is a process in which the rights of both parties are treated fairly.
Timing of Filing an Eviction Case Due to Necessity
The lawsuit for eviction due to necessity has an important place in rental law, and the timing of filing varies depending on the situation of the party filing the lawsuit. Opening times for the two main cases are summarized below:
1. New Owner's Case for Eviction Due to Necessity:
After purchasing the property, the new owner must notify the tenant in writing of his or her intention to evict based on need. After this notification is made, the new owner:
- He can file a lawsuit six months after the acquisition of the real estate.
- Alternatively, he can file a lawsuit one month before the end of the lease.
2. Case for Eviction Due to Need for the Lessor himself, his descendants or ancestors, or in case of Reconstruction or Zoning of the Leased Property:
- Fixed-Term Lease Agreements: At the end of the contract period, the lessor may file a need-based eviction lawsuit.
- Indefinite Term Lease Agreements: Within the framework of the general lease agreement termination provisions, a lawsuit can be filed within one month after the end of these periods, taking into account the periods foreseen for termination.
In both cases, there are certain deadlines and conditions that must be adhered to during the filing process. In order for the cases to be successful, these periods and conditions must be managed correctly and action must be taken at the appropriate time.
These processes are designed to ensure that the lessor or new owner can use the real estate in line with their own needs, respecting the rights of the tenant and fulfilling their legal obligations. It is recommended to consult relevant legal texts and professional legal advice to get more detailed information about the timing and processes of the eviction case due to necessity.
Evacuation Due to Need Case and Preliminary Preparation Processes
An eviction case due to necessity is a lawsuit filed to evict the tenant and requires various preliminary preparation processes. These processes and relevant terms are detailed below:
1. Sending a Warning to the Tenant:
In fixed-term rental agreements, it is not mandatory to send a notice to the tenant before filing an eviction case due to necessity. The lawsuit process can be started directly without giving a warning to the tenant.
2. Application to Mediation:
In accordance with the amendment to the Law on Mediation in Civil Disputes No. 6325, which was published in the Official Gazette on March 28, 2023 and entered into force as of September 1, 2023, mediation has become mandatory in cases of eviction due to necessity. From this date on, it is necessary to go through the mediation process before filing a lawsuit. If a lawsuit is filed before the mediation process is completed, the case will be rejected due to violation of procedure.
3. Responsible and Competent Court:
The competent court in cases of eviction due to necessity is the Civil Courts of Peace, and the competent court is the court where the real estate is located.
4. Duration of the Litigation Process:
The duration of eviction cases due to necessity varies depending on the intensity of the court where the case is heard and the characteristics of the case. For this reason, it is difficult to give an exact time regarding the duration of the case, and necessary information is usually provided by lawyers before the process.
5. Points to Consider:
In such cases, there are important issues such as termination notice periods and proving the reality of the claim of need. If these conditions are not fulfilled properly, there is a high probability that the lawsuits will be rejected, which may lead to loss of time and cost. For this reason, it is recommended to manage the process through a lawyer specialized in rental law. This will prevent loss of rights for both owners and tenants.