How is a Tenant Evicted in Turkey? *2024 – Atty. Ozan Soylu
Rental relationships in Turkish law, especially housing and roofed workplace rentals, are of great social and economic importance. With the enactment of the Turkish Code of Obligations (TCO) No. 6098, significant changes and innovations have been introduced in the field of rental law. This article discusses the regulations of the Turkish Code of Obligations regarding housing and roofed workplace rentals, particularly focusing on eviction cases due to need, rights and obligations between tenants and landlords, and termination of lease agreements.
How are housing and roofed workplace rentals regulated in the Turkish Code of Obligations?
Housing and roofed workplace rentals are regulated in the second section of the fourth chapter of the second part of the Turkish Code of Obligations. The term “roofed real estate” from Law No. 6570 on Real Estate Rentals has been replaced with the concept of “housing and roofed workplace”. The Code has introduced special provisions for housing and roofed workplace rentals, made protective regulations for tenants, but also granted certain rights to landlords.
How has the scope of application for housing and roofed workplace rentals been expanded?
The scope of application for housing and roofed workplace rentals has been expanded with TCO Art. 339. Accordingly:
- The provisions regarding housing and roofed workplace rentals also apply to the property left for the tenant’s use along with these.
- These provisions also apply to rental agreements made by public institutions and organizations.
- The limitation of “real estate in places with municipal organization, piers, ports, and stations” in Law No. 6570 has been removed.
- These provisions apply to all housing and roofed workplace rental agreements, whether within municipal boundaries or not.
How has the Turkish Code of Obligations expanded the group of people who can file an eviction lawsuit due to need?
The scope of people who can file an eviction lawsuit due to need has been expanded in TCO Art. 350-351. While in Law No. 6570, eviction lawsuits could only be filed for the landlord, their spouse, and children, the TCO now accepts that eviction lawsuits can be filed due to the mandatory need of the landlord and the person who subsequently acquired the rented property, their spouse, descendants, ascendants, or persons they are legally obligated to care for.
When does the landlord’s right to terminate the contract by notification arise in housing and roofed workplace rental agreements?
According to TCO Art. 347, in fixed-term contracts, the landlord can terminate the rental agreement by notification without giving a reason after a ten-year extension period, and in indefinite-term contracts, after ten years have passed from the beginning of the agreement.
What does it mean for the need to be genuine and sincere in an eviction lawsuit due to need?
In an eviction lawsuit due to need, the need of the landlord or their relatives listed in the law must be genuine and sincere. The need being genuine and sincere means that it is necessary, not arbitrary, and not asserted in bad faith. Whether the need is genuine and sincere should be evaluated separately in each concrete case.
Can a landlord file an eviction lawsuit due to need if they themselves are living in a rented property?
If the landlord is living in a rented property themselves, their need is considered genuine and sincere, and they can file an eviction lawsuit. The Supreme Court considers the landlord living in a rented property as a presumption of the existence of need. It is not considered necessary for the landlord to be at risk of facing eviction threat.
Can a landlord file an eviction lawsuit due to need if they are living with someone else?
A landlord can also file an eviction lawsuit due to need if they are living with someone else. The need of people who work abroad and spend certain periods of the year in Turkey staying with their relatives is also considered genuine and sincere. Even if marriage is not in question, the landlord or their children staying with their parents is also evaluated in this context.
How is the claim of need due to the landlord’s health condition evaluated?
If the landlord’s health condition necessitates it, the need for housing is accepted. The rented property must be more suitable for the landlord’s health condition. If the health condition necessitates moving to the rented property and is confirmed by a medical report, the need is considered genuine and sincere. However, general discomforts (such as noise, air pollution, traffic congestion) are not considered sufficient.
How is the claim of need due to more favorable physical conditions of the rented property evaluated?
If the landlord’s current residence is inadequate to meet their needs and the rented property is physically more suitable, the claim of need can be accepted. For example, if the current residence becomes too small for the family due to the birth or growth of new children, and the rented property is in a condition to meet these needs, it is sufficient for the existence of need. However, just wanting to live in more comfortable conditions is not enough; the need must be mandatory.
How is the claim of need due to the rented property being economically more favorable evaluated?
If the landlord has difficulty meeting the fuel and general expenses of their current residence and the rented property is less costly, the claim of need can be accepted. In one decision, the Supreme Court ruled, “If the plaintiff’s claims are true, this should generally be accepted as a need. Because due to economic conditions necessitating it, living in a luxury apartment has become unbearable for the plaintiff.” However, acting solely for the purpose of obtaining more income is not sufficient.
How is the claim of need due to the location of the rented property evaluated?
The Supreme Court generally does not consider location reasons, such as the rented property being close to the workplace or children’s school, sufficient on their own. However, it is argued that this situation should be relaxed in metropolitan cities where commuting takes hours. In a decision of the Supreme Court General Assembly of Civil Chambers, the need was accepted for a middle school student due to proximity to school.
Is it possible for the landlord to file an eviction lawsuit due to new needs?
Eviction lawsuits can be filed due to newly arising needs such as the landlord getting married, permanently returning from abroad, being transferred, or their son getting into university. However, these needs must be genuine and sincere and must not have occurred yet.
The need for a summer house is also accepted as long as it is genuine and sincere.
Is the claim of need for storing belongings accepted?
In some decisions, the Supreme Court accepts the landlord’s need to store belongings in the rented property as a genuine and sincere need. However, it is clear that this situation can be abused. Therefore, it should be sought that the need for storing belongings did not originate from the landlord and is mandatory.
Is it possible for legal entities to file an eviction lawsuit due to housing need?
Generally, it is not possible for legal entities to file an eviction lawsuit due to housing need. A legal entity cannot make such a request for its manager or personnel. However, eviction lawsuits filed by companies and public legal entities to meet the housing needs of their employees are controversial. The housing need of legal entities is only accepted if it falls within the scope of the legal entity’s purpose and activities and there is a regulation in this regard.
Can an eviction lawsuit be filed due to the housing need of the landlord’s spouse?
An eviction lawsuit can be filed due to the housing need of the landlord’s spouse. However, there must be a marital bond between the spouse whose need is asserted and the landlord when the eviction lawsuit is filed and while the case continues. In case of divorce, a lawsuit cannot be filed due to the need of the ex-spouse. However, a lawsuit can be filed if a separation decision has been made.
Can an eviction lawsuit be filed due to the housing need of the landlord’s descendants, ascendants, or persons they are obligated to care for?
According to TCO Art. 350, an eviction lawsuit can be filed due to the housing need of the landlord’s descendants, ascendants, and persons they are legally obligated to care for. The concept of descendants covers children, grandchildren, etc. The concept of ascendants covers parents, grandparents, etc. Adopted children are also included in the concept of children. Persons legally obligated to be cared for will be determined according to TCC Art. 364.
Can an eviction lawsuit be filed due to workplace need?
According to TCO Art. 350/I, the landlord can also file an eviction lawsuit due to the workplace need of themselves, their spouse, descendants, ascendants, or persons they are legally obligated to care for. For the acceptance of workplace need, the need must be genuine, sincere, and mandatory. The acceptance of workplace need is handled more strictly compared to housing need.
Can a landlord file an eviction lawsuit due to workplace need if they have no other job?
The landlord being unemployed or about to leave their current job creates a strong presumption for the existence of workplace need. In one decision, the Supreme Court ruled, “The needy person being unemployed constitutes a presumption of need. However, the rented property must also be suitable and convenient for the job to be done.” It is not necessary to have left the current job, but serious attempts must have been made regarding the new job.
Can a landlord file an eviction lawsuit due to workplace need if they are a tenant in another workplace?
Workplace need can also be accepted if the landlord is a tenant in another workplace. However, being just a tenant is not enough; it must be proven that the need is genuine and sincere. The Supreme Court requires the realization of one of the conditions: the landlord being under threat of eviction or the rented property being at least as convenient as the current workplace.
Is the claim of workplace need accepted for the purpose of expanding the landlord’s business?
Workplace need can be accepted if the landlord’s business is growing and the current workplace is becoming inadequate. While the Supreme Court did not accept the purpose of expanding business in its older decisions, it does accept it in newer decisions. For example, in one decision, the Supreme Court ruled, “According to the current evidence, although it has been proven that the plaintiff’s need is genuine and sincere, no investigation and determination have been made regarding whether the property subject to the lawsuit is suitable for the need.” This decision shows that it is necessary to investigate whether the rented property is suitable for the need for the acceptance of workplace need.
How is the compliance of the rented workplace with legal regulations evaluated?
For workplace need to be considered genuine and sincere, the rented property must be suitable for the job to be done and comply with legal regulations. For example, in jobs that require a license from the municipality, the rented property must be of a nature that can obtain a license. According to Article 24 of the Condominium Ownership Law, the approval of the board of flat owners may be required for some jobs. If the rented property is intended to be used as a hotel, it is sought that the necessary permits can be obtained from the municipality.
Is it possible for legal entities to file an eviction lawsuit due to workplace need?
There is no obstacle for legal entities to file an eviction lawsuit for workplace need. However, it should be accepted that legal entities can file an eviction lawsuit for workplace need only for the activities listed in their founding documents. In one decision, the Supreme Court ruled, “The court should determine the plaintiff company’s fields of activity and establish whether the sale of household appliances and white goods is among the plaintiff’s fields of activity.”
Can a person who subsequently acquires the rented property file an eviction lawsuit due to need?
According to TCO Art. 351, a person who subsequently acquires the rented property can also file an eviction lawsuit due to need. However, for this, the rented property must have been acquired after the lease agreement was established, written notice must be given to the tenant within one month from the date of acquisition, and there must be a housing or workplace need for the persons listed in the law.
How is the period calculated in an eviction lawsuit due to the need of the new owner?
The new owner can terminate the lease agreement with an eviction lawsuit to be filed six months later, provided that they have given written notice to the tenant within one month from the date of acquisition of the rented property. Alternatively, if they wish, they can file a lawsuit within one month starting from the end of the contract period. If there is less than six months left until the end of the contract, a lawsuit can be filed without waiting for the six-month period.
What are the tenant’s responsibilities during the return of the rented property?
The tenant is obliged to return the rented property at the end of the lease agreement in the condition in which they received it.
However, the tenant is not responsible for wear and tear and deterioration occurring in the rented property due to use in accordance with the contract. Agreements stipulating that the tenant will pay any compensation other than repairing damages arising from use contrary to the contract are invalid.
What is the landlord’s obligation to inspect the rented property and notify the tenant?
According to TCO Art. 335, the landlord is obliged to inspect the condition of the rented property during its return and immediately notify the tenant in writing of any deficiencies and defects for which the tenant is responsible. If this notification is not made, the tenant is released from all liability. However, in case of deficiencies and defects that cannot be determined by ordinary inspection at the time of delivery, the tenant’s liability continues.
What is the landlord’s right of retention and how is it used?
According to TCO Art. 336, the landlord has a right of retention on movables located in the rented property and used for furnishing or using the rented property, as a guarantee for one year’s accrued and six months’ ongoing rent. The right of retention cannot be used on the tenant’s non-seizable goods. When the tenant wants to move or relocate movables in the rented property, the landlord can retain a sufficient amount of goods to secure their claim with the decision of a justice of the peace or enforcement officer.
How is the security deposit returned?
According to TCO Art. 342, if money or valuable papers are given as security, they are deposited in a bank account. The bank can return the security only with the consent of both parties or based on a finalized enforcement proceeding or a final court decision. If the landlord does not file a lawsuit or initiate enforcement proceedings against the tenant within three months following the termination of the lease agreement, the bank is obliged to return the security upon the tenant’s request.
What is the prohibition of re-renting and how is it applied?
According to TCO Art. 355, when the landlord has the rented property vacated for the purpose of need, they cannot rent it to anyone other than the former tenant for three years without just cause. In case of violation of this prohibition, compensation must be paid to the former tenant, not less than the annual rent paid in the last rental year. Since the prohibition of re-renting is mandatory in favor of the tenant, it is not possible to remove the prohibition or change the conditions to the detriment of the tenant.
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How is a Tenant Evicted in Turkey?
