Eviction Due to Need in Turkey
In Turkish law, the possibility of filing a case by the landlord for the personal need of residence or workplace is regulated in Article 350/1 of the Turkish Obligations Code. According to this article “if the lesser needs the residence or workplace for itself or its spouse, descendants, ancestries or any person that it legally has to care for, it may terminate the lease contract by filing an eviction case.”
These are the conditions of filing an eviction case according to this provision.
The landlord or its spouse, descendants, ancestries or any person that the landlord legally has to care for need to use the leased residence or workplace
Yargıtay deems certain situations as a valid ground for requesting the eviction of the property for the personal need as follows.
- If the landlord itself resides in a leased property or shares the residence with a kin, it is deemed that it has a personal need for the property.
- Even if the landlord resides in its own property, if it desires to reside in the leased property for a justified reason, for example for health reasons, it is deemed that it has a personal need for the property.
- If the leased property has an economic advantage over the property that the landlord resides in, it is deemed that it has a personal need for the property.
The landlord genuinely and honestly needs the property
The landlord should be honest and faithful in the case that it files for the personal need of the property. According to the Court of Cassation decisions, when the landlord evicts the property by filing a case for the personal need of the property and then leases the property to its nephew, whom the landlord does not legally have to care for, the case is not filed for a genuine and honest reason. Likewise, when the landlord has another unleased property and files a case for the personal need of the leased property, the landlord is lack of honesty.
Time Bar for Filing a Case for the Personal Need of the Property
In fixed term leasing contracts, the landlord can take action within 1 month upon the termination of the contract and in indefinite leasing contracts within 1 month upon the date determined in accordance with times set out for the termination notice.
The Court of Cassation Decision
File Number: 2017/4632
Decree Number: 2019/1687
While the claimant resided in the leased property as a tenant, the respondent requested for the eviction of the property for the personal need of its daughter and when the claimant realized that an eviction suit would be brought against it, it evicted the property. Then, the claimant claimed that the property was leased to another person 3 months later than the eviction and requested for 21,816 TRY as pecuniary compensation and 3,184 as non-pecuniary compensation.
The respondents claimed that they would like to file an eviction case as their daughter, who were studying abroad, would graduate from her school, but when their daughter failed to graduate, they offered the claimant the lease of the property in return for 1.700 TRY monthly rent. However, the claimant rejected this offer and evicted the property.
The court of first instance decided that the respondents supposed that their daughter would graduate from her school and therefore they were honest and, for the reason, rejected the case. And, the case was appealed by the attorney of the claimant.
In article 355 of the Turkish Obligations Code No.6098 entitled ‘ Re-lease Prohibition’, it is provided that “When the lessor evicts the property for its personal need of the property, it cannot lease the property anyone else other the former lessee during 3 years without a justified reason. When the lessor evicts the property for the reconstruction and development of the property, it cannot lease the property in its old form to anyone else during 3 years without a justified reason. The former lessee has the priority to lease the reconstructed and developed property with its new form and rental fee. This right of the lessee should be notified in writing to it within 1 month by the lessor. As long as this priority is not given, the lessor cannot lease the property anyone else during 3 years. If the lessor does no comply with these provisions, it has to pay compensation in the amount of at least 1-year rental fee.”
In the present case, the claimant is the lessee with a lease contract with 1-year term starting from May 05, 2011 and was notified to evict the property with the notice dated November 17, 2014 due to the need of the lessor’s daughter, Berrin. As a result, the lessee evicted the property. Later, the respondent leased the property a third party with the lease contract starting from March 01, 2015. There are no dispute on these issues. The respondents did not file a case for the need, reconstruction and development of the property. The claimant did not evict the property due to a court order or execution proceeding. In this case, the conditions for compensation pursuant to the Turkish Obligations Law No. 6098 did not come into existence. As a result, the court of first instance should have rejected the case for this ground, but rejected the case for another ground. Therefore, the decision is erroneous. However, the error does not affect the substance of the case. As a result, It is unanimously decided on February 21, 2019 that the ground is revised and the decision is upheld in that way, and the advance fee is returned to the appellant at the request of it. In addition, the remedy of revision of decision can be exercised within 15 days upon the notification of the judgment pursuant to Article 440 of the old Turkish Civil Procedure Code No. 1086.
For more detailed information about the Eviction Case, you can contact us on our contact page.