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- What are the Tenant Eviction Cases?
The eviction of the rented property is regulated in the Turkish Code of Obligations and the Enforcement and Bankruptcy Law. The eviction process, carried out to terminate the legal relationship between the tenant and the landlord, follows specific procedures to protect the rights arising from the contract and to resolve disputes fairly. The important point here is that the reason for eviction must be clearly identified and documented in accordance with the law. Reasons for Eviction of the Rented Property: Due to Default: If the tenant fails to pay the rent or any other expenses related to the rent, the landlord gives the tenant a written notice, specifying a period. If no payment is made within this period, the landlord will state that the lease agreement will be terminated. The periods are determined by law, and they are as follows: For residential or commercial leases, this period must be at least 30 days. In other cases, the period is at least 10 days. The period starts from the day after the tenant receives the written warning. Due to a Substantial Breach of the Contract: In residential and commercial leases, the tenant must use the rented property carefully and in accordance with the contract and show respect to the neighbors. If the tenant fails to comply with these rules, the landlord gives the tenant at least a 30-day written notice to rectify the breach, and if the issue is not corrected, the lease will be terminated. However, in some cases, the landlord may terminate the contract immediately without waiting: If the tenant intentionally causes significant damage to the property, If it is clear that giving the tenant time to rectify the behavior will be futile, If the tenant’s behavior becomes intolerable for the landlord, other residents, or neighbors. In these cases, the landlord has the right to terminate the lease immediately by giving written notice. Due to a 10-Year Extension Period: When considering the 10-year extension period, it is important whether the lease is for a fixed-term or indefinite term. Residential and roofed commercial lease agreements can be either fixed-term or indefinite-term. If a term has been determined, explicitly or implicitly, and the lease is to end after the agreed period without notification, it is considered a fixed-term lease agreement. In residential and roofed commercial leases, the tenant may terminate the agreement at least 15 days before the expiration of a fixed-term lease. However, if the tenant does not notify, the lease will be automatically extended for another year under the same terms. On the other hand, the landlord does not have the same option and cannot terminate the lease before 15 days from the end of the term. After the 10-year extension period, the landlord may terminate the lease without providing a reason, provided they give notice at least 3 months before the end of each subsequent renewal year. Due to Need: The necessity of eviction due to the landlord’s need must be proven as real, genuine, and urgent. Temporary needs that do not last are not valid reasons for eviction, nor are needs that have not yet arisen or are expected to arise after a long period. The need must exist both at the time the case is filed and during the proceedings. Due to Major Renovations or Demolition: If the rented property needs to be completely renovated, expanded, or significantly repaired, and the tenant cannot continue to use the property during these works, this can be a reason for eviction. In such cases, the landlord may request the tenant to vacate the property, but the request must comply with legal requirements. Due to the New Owner’s Need: The new owner of the property must notify the tenant of their need within one month from the date of acquisition. The new owner may terminate the lease after six months by giving notice or may seek eviction by filing a lawsuit within one month after the expiration of the lease. Eviction Guarantee: In cases where the tenant has received two written notices for non-payment of rent, the landlord may terminate the lease within one month after the expiration of the term or the year in which the notices were given. If the Tenant Owns Another Property: If the tenant or their spouse owns another habitable property within the same district and the landlord was unaware of this during the lease signing, the landlord may terminate the lease within one month after the contract ends by filing a lawsuit.