The reasons enabling tenant eviction in Turkey are regulated in the Turkish Property Law. Below, we will explain in detail the main reasons that require the eviction of tenants in Turkey. Therefore, you will have the necessary information you need to know about the eviction of tenants in Turkey.
Common Grounds for Eviction in Turkey
The eviction of tenants in Turkey varies depending on the specified rental agreement and whether it is for a fixed period. Reasons for eviction of tenants in Turkey;
- Non-payment of rent,
- If the lessor or his relatives have personal use needs,
- Evacuation Commitment,
- The need for renewal of the rented property,
- Non-contractual use by the tenant (disturbing the neighbors or making changes to the building without permission from the lessor,
- Expiry of the term in indefinite-term lease agreements
- Expiry of the term in fixed-term lease agreements (Turkish Code of Obligations Article 347)
The reasons mentioned above are the reasons for the eviction of tenants in Turkey, which are listed in the Turkish Property Law. By applying to a property rental lawyer in Turkey, you can manage the eviction processes regarding the real estate where you are a tenant or lessor by contacting our English-speaking team of lawyers in Turkey.
1. Non-Payment of Rent
The main reason for the eviction of tenants in Turkey is the non-payment of rent. The lessor may evacuate his tenant by the Turkish Property Law if he gives two (2) justified eviction notices against his tenant within a calendar year due to non-payment of rent. There are many processes regarding how these notifications will be made. If you need legal support in such a situation, you can contact us for eviction of tenants in Turkey with Turkish property rental lawyers.
2. Requirement for Personal Use by the Lessor or Relatives
The reasons for filing a lawsuit for the eviction of tenants in Turkey are limited. As we mentioned above, another of these reasons is the need for use by the lessor or his relatives.
Turkish Property Law Article 350 f.1 If there is an obligation to use the leased property for oneself, his/her spouse, descendants, superiors or other persons who are obliged to look after the law due to housing or workplace needs, at the end of the period in fixed-term contracts, in indefinite-term contracts, general rent-related may be terminated by filing a lawsuit within one month, starting from the date to be determined by complying with the termination period and the periods stipulated for notice of termination in accordance with the provisions. It is arranged as.
The need for real estate here must be sincere and real to file a relevant eviction notice. At the same time, there is a requirement to file a lawsuit within 1 month, regardless of whether the lease agreement that will be the subject of the lawsuit is for a fixed or indefinite period. Otherwise, there will be no possibility of filing this lawsuit against the tenant. In cases where there is a need for personal use, getting legal advice from a Turkish law firm will be beneficial to prevent loss of rights. You can contact our English-speaking lawyers for eviction of tenants in Turkey.
3. Presence of an Evacuation Undertaking
According to the Turkish Property Law, if the tenant undertakes to vacate the leased property on a certain date in writing against the lessor after the delivery of the leased property but has not evacuated, the lessor may terminate the lease agreement by applying for enforcement or filing a lawsuit within one month starting from this date.
For this reason, by the Turkish Property Laws that regulate the eviction of tenants in Turkey following the above-mentioned legal regulation, a valid eviction undertaking is extremely important for the tenant to be evicted. Thus, the lessor can terminate the contract with an eviction notice at the end of the contract period, with an eviction commitment made according to the law and rules. Since the eviction commitment is a legal statement that makes evacuating the rented property extremely easy, you can get legal support from our Turkish law firm for the eviction of tenants in Turkey.
4. Need for Renovation of the Leased Property
Another reason for the eviction of tenants in Turkey is the eviction of the rented property for reconstruction or development purposes. According to Turkish Property Law, if the leased property requires major repair, expansion, or alteration for reconstruction or zoning and using the leased property is impossible during these operations, the lessor may make an eviction notice by the periods specified in the Turkish Property Law. As Turkish Property Lawyers, we can manage the legal proceedings.
5. Disturbance of Neighbors
The Turkish Property Law divides lease agreements into two (2) general reasons and special reasons. Another important reason for the eviction of tenants in Turkey is the use of the real estate in breach of the contract, which is one of the general reasons. The illegal use mentioned here generally occurs in two ways.
- Tenant disturbing third parties and neighbors in the rented property
- Changes made to the rented property without permission from the lessor
Suppose the tenant uses the real estate in breach of the duty of care for the reasons listed above. In that case, the lessor may terminate the contract and evict the tenant through a direct lawsuit, with or without an eviction notice, depending on the real estate rented. Since the reason for eviction or tenants in Turkey explained here may vary depending on the characteristics of the concrete case, it is extremely important to consult with Turkish Property Lawyers. As a Turkish Law firm, we can ensure the eviction of the tenants in Turkey rented property due to the breach of their duty of care.
6. Tenant Ownership of Another Residence
Another way for the eviction of tenants in Turkey is that in cases where the lessor is a tenant, he can evict the tenant by giving an eviction notice on the rented property by proving that the need is real and sincere. The important thing here will be to prove this in front of the court. Our Turkish Property Law lawyers will be able to support you in this regard.
7. Expiration of 10 Years in Indefinite-Term Lease Agreements
It is important to apply to a Turkish law firm for indefinite-term lease agreements because you may be unable to evict your tenant for 10 years in an indefinite lease agreement due to an incomplete regulation before or after the contract. As English-speaking lawyers in Turkey, we can ensure our clients retain their rights due to our experience.
8. Expiration of 10 Years in Fixed-Term Lease Agreements
Turkish Property Law has special regulations for rental agreements regarding residences and roofed workplaces. For this reason, if the real estate you rent is a residence or a roofed workplace, in contracts made without an eviction commitment, if the reasons listed above are not present, you will be able to evict your tenant only at the end of the contract period + 10 + 1 years. Before the end of this period, it is mandatory to give an eviction notice to your tenant by the legal period. For this reason, you can evict your tenant by contacting a lawyer in Turkey.
How Long Does It Take to Get Court Order For Eviction?
As Turkish property rental lawyers, we are asked how long it takes to receive an eviction decision from the court. As a Turkish law firm, it is not possible to give a clear answer to this question. Each reason for eviction explained above may vary depending on the specified rental agreement. Eviction of tenants in Turkey may also vary depending on the workload of court and where the rented property is located.
Can A Landlord Evict A Tenant Who Pays His Rent Regularly?
In Turkey, there is a reason for the tenant to pay the rent for the eviction of the tenants. An eviction of tenants in Turkey issued by Turkish Property Law will ensure the eviction of tenants with an eviction commitment. The important thing here is to consult a lawyer in Turkey before making a contract. You can contact us as English-speaking lawyers in Turkey.
Writed By
Attn. Emircan Erkılınç
You can reach our previous article from https://istanbullawyerfirm.com/blog/the-basic-principals-of-comparative-advertising-under-turkish-law