Eviction Lawsuit of the Tenant Due to Need in Turkish Law
The Turkish Code of Obligations regulates the landlord’s right to evict the tenant due to the need for housing for the landlord’s relatives. This right is subject to various conditions to meet the landlord’s housing needs and prevent unnecessary tenant suffering.
What is Eviction Due to Housing Need?
Eviction due to housing need is the process by which a landlord can request the evacuation of a leased property if housing is needed for themselves, their spouse, descendants (children), ascendants (parents), or legally dependent persons. Article 350 of the Turkish Code of Obligations No. 6098 explicitly regulates this situation.
What is Housing Need?
Housing need refers to the need for housing or a workplace for the landlord or their family and legally dependent persons. This need is considered valid even if the tenant has not violated the contract.
Conditions for Eviction Request
The landlord’s need must be genuine and sincere to request eviction. Additionally, situations such as the landlord not having another suitable residence or the current residence not meeting the need are considered valid reasons for eviction.
How is Eviction Due to Need Executed in Fixed-Term Lease Agreements?
In fixed-term lease agreements, an eviction lawsuit due to need can be filed within one month after the end of the contract. During this process, the landlord must document the need. The landlord must file a lawsuit within one month of the contract end date, with no requirement to send a notice.
How is Eviction Due to Need Executed in Indefinite-Term Lease Agreements?
For indefinite-term lease agreements, the landlord must send a notice in accordance with the legally determined termination period to terminate the lease period. This notice must reach the tenant at least three months before the end of the lease period. After a notice made in accordance with the termination period, the landlord can file a lawsuit within one month.
Can a New Owner Use the Right of Eviction Due to Need?
If the new owner needs the acquired property for themselves or legally dependent persons, they have the right to terminate the lease agreement and request eviction. Article 350 of the Turkish Code of Obligations regulates this situation. The new owner must notify the tenant in writing of the need after purchasing the property and can file an eviction lawsuit six months after this notification.
Eviction Notice Due to the New Owner’s Need
Before filing an eviction lawsuit due to need, the new owner must send a notice to the tenant after acquiring the property. This notice must be delivered to the tenant within one month of the acquisition date and clearly state the need. The notice is necessary for initiating the legal process of the eviction request.
Is Eviction Possible Due to the Need of Descendants?
In tenancy law, if the landlord’s descendants (e.g., children) need housing, the landlord can use this situation as a reason for eviction. If there is a genuine and sincere housing need for the landlord’s descendants, a lawsuit can be filed to evict the current tenant. In this case, the landlord must objectively prove the need of the descendants.
(…) It is established in the file that the plaintiff’s descendant is a teacher in Keban district and lives in lodging, and the other descendant is a doctor at … Training and Research Hospital and currently lives in a rental, which is essentially accepted by the court.
Although the court ruled that the case should be dismissed on the grounds that the plaintiff’s descendants do not have a genuine and sincere need, considering their social and economic status and that their residences may be temporary due to their employment as civil servants, in cases based on housing need, the tenant’s residence is sufficient to establish the need.
Burden of Proof and Evidence Presentation in Eviction Lawsuits
In eviction lawsuits, proving the claim of need is crucial. The landlord must demonstrate that the need is genuine and sincere with evidence. These pieces of evidence may include concrete information indicating that the leased property is essential for the landlord or their relatives. For example, documents related to health reports, proximity to work or school, the condition of the current residence, and similar evidence can be presented to the court.
Legal Process and Procedures
The eviction request can be formalized by the landlord either by notifying the tenant directly in writing or by filing a lawsuit. In the written notification to the tenant, the reason for eviction, the date by which the eviction should occur, and the legal basis of the eviction must be clearly and understandably stated. If the dispute is taken to court, the landlord must justify the eviction request in detail in the court.
Can Summer Houses Be Evicted Due to Need?
Eviction lawsuits for summer houses hold a special place in Turkish rental law. The Turkish Code of Obligations (TBK) and Supreme Court decisions address the rights of landlords and the protection of tenants in this context.
The Supreme Court has stated that summer houses can be considered a continuation of the ongoing housing need. This means that there must be a genuine, sincere, and compulsory need for the eviction request for the summer house.
According to Supreme Court decisions, whether the summer house need can be accepted as a real housing need is evaluated based on the unique circumstances of each case. For example, in 2014, the 6th Civil Chamber of the Supreme Court ruled that the need for a summer house should be accepted as a continuous lifestyle. However, it is also important that rental provisions for summer houses rented for six months or less do not apply to residential and workplace rents.
To file an eviction lawsuit due to need in holiday homes, the landlord must prove that the need is compulsory, genuine, and sincere. Moreover, in a 1993 decision of the Supreme Court General Assembly, it was accepted that the need was genuine and sincere in an eviction lawsuit filed by a person who came to Turkey for vacation and acquired a residence with economic savings to spend their annual vacation due to homeland and family longing.
Tenant Rights and Protection
The Turkish Code of Obligations No. 6098 also aims to protect tenants’ rights. The tenant can object to the eviction request and present evidence that the request is unjust. Additionally, tenants can request reasonable periods to find a new residence and move within legal timeframes to avoid being disadvantaged during the eviction process.
What Should a Tenant Do if They Receive a Notice Stating “I Will Live in the Property Myself”?
If you receive a notice from the landlord stating “I will live in the property myself,” it is important to consult a lawyer to evaluate the legal validity and content of the notice. Ensuring the accuracy of the information in the notice and verifying whether legal requirements have been met will help protect your rights in a potential lawsuit process.
You can read our article on the conditions of Rent Determination Lawsuits and related precedent decisions.
Frequently Asked Questions about Eviction Due to Need
Can an Eviction Lawsuit Due to Need Be Concluded in the First Hearing?
Eviction lawsuits due to need are generally not concluded in the first hearing. Such cases may involve presenting evidence, hearing witnesses, conducting inspections if necessary, and other processes. Depending on the complexity of the case and the court’s discretion, several hearings may be required.
Is Mediation Mandatory in Eviction Lawsuits Due to Need?
As of September 1, 2023, mediation has become mandatory in rental disputes in Turkey. For eviction lawsuits due to need filed after this date, the mediation process must first be completed. If no agreement is reached during mediation, the case can be heard in court.
Are Witnesses Heard in Eviction Lawsuits Due to Need?
Yes, witnesses can be heard in eviction lawsuits due to need. The court may rely on witness testimonies to evaluate the landlord’s claim of need’s authenticity and sincerity. Witnesses may provide information that supports the landlord’s need or is against the tenant.
What Happens if the Tenant Does Not Vacate the Property After Receiving a Notice?
If the tenant does not vacate the property despite receiving a notice, the landlord can file an eviction lawsuit in court. If the tenant does not vacate the property after the court process, the tenant can be forcibly evicted by court order. This process is carried out by a bailiff appointed by the court, ensuring the tenant’s removal from the property.
Can an Eviction Lawsuit Due to Need Be Filed at Any Time?
An eviction lawsuit due to need can be filed if the landlord or persons legally dependent on them have a genuine and sincere need for housing or a workplace. However, the claim of need must be supported by evidence. These conditions must be met for the lawsuit to be filed at any time.
Who Pays the Costs of an Eviction Lawsuit?
The costs of an eviction lawsuit are generally determined based on the case outcome. If the tenant must vacate the property as a result of the lawsuit, the tenant typically pays the court costs and attorney fees. However, if the case is decided in favor of the tenant, the costs are borne by the landlord.
What Happens If the Tenant Wins the Eviction Lawsuit?
If the tenant wins the eviction lawsuit, the lease agreement continues, and the tenant can remain in the property. Additionally, the tenant can request that the landlord pays the costs and attorney fees incurred during the lawsuit.
What Happens If the Tenant Moves Out While the Eviction Lawsuit Is Pending?
If the tenant voluntarily vacates the property while the eviction lawsuit is pending, the case becomes moot. However, it is possible to make a ruling on the expenses incurred during the lawsuit and potential compensation. The tenant’s move-out may also affect the landlord’s right to claim court costs and attorney fees.
What Steps Should Be Taken After Receiving a Notice from a Notary?
After receiving a notice from a notary, the tenant should carefully review the notice and comply with the stated requirements. The notice generally requests the evacuation of the property or fulfillment of other obligations related to the lease agreement within a specified period. If the tenant does not comply with the notice, the landlord can file an eviction lawsuit in court. If the tenant believes the notice is unjust or misleading, they should consult a lawyer to protect their rights.
What Happens If a Notarized Notice Is Sent to the Tenant?
Sending a notarized notice to the tenant is a formal warning demanding compliance with obligations under the lease agreement. The notice may include issues such as payment of rent, rectification of contract violations, or vacating the property within a specified period. If the tenant fails to comply with the notice, the landlord can pursue legal action to protect their rights.
What Is the Procedure for Sending an Eviction Notice?
To send an eviction notice, the landlord must go to a notary and issue a notice stating that the tenant must vacate the property by a specific date. The notice should clearly state the relevant clauses of the lease agreement and the reasons for the eviction request. The notice must be delivered to the tenant through a notary to be officially recorded as part of the legal process.
Must the New Owner Wait Six Months?
Yes, if the new owner wants to evict the tenant due to need, they generally must wait six months from the acquisition date. This period is the legally recognized time for the new owner to notify the tenant of the situation. After six months, the new owner can file an eviction lawsuit against the tenant.
What Happens If an Eviction Notice Due to Need Is Not Served?
If the eviction notice due to need is not served to the tenant, the eviction process cannot legally begin. If the notice is not served, the landlord may be instructed by the court to resend the notice. Serving the notice is a critical step in initiating the legal process of the eviction request.
Can the Landlord Evict the Tenant After a One-Year Lease Ends?
At the end of a one-year lease, the landlord can only evict the tenant if there is a valid reason. Eviction due to need is one of the valid reasons. However, in this case, the landlord must prove the need and follow the necessary legal processes. If the lease is not automatically renewed, the landlord can initiate legal procedures from the lease’s end date.
When Should the Eviction Notice Due to Need Be Sent?
The eviction notice due to need should be sent as soon as the need arises and in accordance with the lease term or termination period. For fixed-term leases, it should be sent before the end of the lease term; for indefinite-term leases, it should be sent in accordance with termination periods and notification deadlines.
What Costs Does a Tenant Who Loses an Eviction Lawsuit Pay?
The tenant may pay court fees, service costs, document fees, inspection, witness, expert fees, and the opposing party’s attorney fees.
How Are Litigation Costs Determined?
Costs vary based on the rent amount in the lease agreement, the court where the case is heard, the expenses during the trial, and the case outcome.
Which Courts Hear Eviction Lawsuits?
They are usually heard in Civil Courts of Peace, but in certain cases, they can also be heard in Execution Courts.
Are the Litigation Costs Different in Civil and Execution Courts?
Yes, some fees in Civil Courts of Peace are calculated based on the rent amount, while fees in Execution Courts are fixed. Attorney fees also differ.
What Happens in Case of Partial Acceptance of the Case?
Parties pay litigation costs according to their success ratio.
Should a Lawyer Be Hired for an Eviction Lawsuit Due to Need?
Yes, in complex legal processes such as an eviction lawsuit, it is advisable for the landlord to seek legal support to protect their rights and manage the process efficiently. A lawyer can guide the tenant at every stage of the case, provide the necessary defense, and offer the most appropriate solutions.
In such cases, the need of the descendant must be proven to be genuine, sincere, and necessary. The plaintiff claimed that the unhealthy conditions of the current rental property endangered their descendant’s health, necessitating a new residence.
The court dismissed the case on the grounds that the plaintiff was not under threat of eviction. However, in cases based on housing need, the tenant’s residence and the needs of the descendant are sufficient to establish the need. There is no requirement to be under threat of eviction.
Therefore, the court’s decision to dismiss the case based on the lack of an eviction threat is incorrect. Given that the plaintiff is renting and their descendant needs a healthy residence, the eviction request should have been accepted.
As a result, the court’s decision is against the law, ignoring the housing need of the descendant. Therefore, the ruling should be overturned. (…) 6HD, Case No: 2013/14490 Decision No: 2013/14951 Date: 06.11.2013
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Eviction Lawsuit of the Tenant Due to Need in Turkish Law
