What Are the Rights of the Lessor?
In order for the lessor to evict the tenant due to housing needs, the lease agreement must have expired.
– Termination by notice: Pursuant to the relevant provisions of the law, in residential and commercial leases, as a rule, the lessor does not have the right to terminate the lease agreement before the 10-year extension period expires. After the 10-year period has expired, the lessor may terminate the lease agreement without giving any reason by giving written notice at least three months before the start of the new lease year.
– Termination by lawsuit: Relevant legal regulations also cover terminations carried out by the lessor “by lawsuit,” as follows:
1) Eviction for Need:
– Eviction for Housing Need: In order for the lessor to terminate the lease agreement based on housing need, the person(s) requiring housing must be one of the persons listed in the law. These persons are:
– The lessor himself/herself,
– The lessor’s spouse,
– The lessor’s descendants,
– The lessor’s ascendants,
– Persons whom the lessor is required to support by law.
– Eviction for Business Needs: Similarly, if the persons explicitly listed above have a “compelling, genuine, and sincere” business need, the lessor may terminate the lease agreement through legal action.
2) Eviction for Reconstruction or Redevelopment; If the leased property requires substantial repair, expansion, or alteration for the purpose of reconstruction or redevelopment, and the use of the leased property is impossible during such work, the lessor may terminate the lease agreement through legal proceedings and request the eviction of the tenant. Eviction lawsuits filed due to the reconstruction or redevelopment of the leased property must be filed within one month from the end of the fixed-term lease agreement, if applicable, or from the termination period and notice period determined in accordance with general provisions, if the agreement is for an indefinite term. These periods are considered time-barring periods and are taken into account ex officio.
3) Eviction Due to the New Owner’s Need: After the establishment of the lease relationship, if the leased property changes hands for any reason, the new owner generally becomes a party to the lease relationship. However, if the new owner or persons specified in the law have a necessity to use the property in question for residential or business purposes, the eviction of the property may be requested by means of an eviction lawsuit filed by the new owner.
Competent and Authorized Court in Eviction Lawsuits
If the eviction lawsuit is to be filed by way of summary execution in accordance with the provisions of the Enforcement and Bankruptcy Law No. 2004, the competent court is the Enforcement Courts. In other eviction lawsuits, the competent court is the Civil Courts of Peace. The court with jurisdiction is the court of the defendant’s place of residence or the court of the place where the contract is to be performed.
How is the Tenant Evicted After the Eviction Decision is Made?
If, at the end of the eviction case, the court decides to evict the tenant, the tenant must return the rented property to the lessor in the condition in which it was received. However, sometimes, despite the court decision, the tenant may not vacate the rented property. If the tenant fails to vacate the rented property despite the court’s eviction order, the landlord may evict the tenant by force through enforcement proceedings based on this court order.
