Termination Of The Agreement Due To The Lessor’s Need
Pursuant to Article 350 of the Law, if the lessor is obliged to use the leased property for himself, his wife, his spouse, his descendants, his ascendants or other persons who are obliged to take care of him by law due to the need for housing or workplace, he may terminate the lease agreement with a lawsuit to be filed within one month starting from the date to be determined by complying with the termination period and the periods stipulated for the termination notice in accordance with the general provisions regarding the lease in the case of fixed-term contracts or in the case of indefinite-term contracts.
However, the requirement here must be sincere and real, so to speak. In other words, it will not be possible to talk about a real and sincere need here if an eviction lawsuit is filed just to increase the rent amount further or to rent it to someone else.
Here, if the lessor is a legal entity, the legal entity can only request eviction for its own workplace needs, it cannot make such a request for its staff or manager.
In addition, if the lessors are in a shared ownership relationship, only one of the shareholders will not be able to apply for this lawsuit due to the need alone. For this, according to Article 688 of the Turkish Code of Obligations, the decision of the majority of shares and shareholders is required. If there is unanimous ownership, it will be possible to file an eviction lawsuit with the permission or participation of all owners.
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Article 355 of the Turkish Code of Obligations regulates the prohibition of renting for three years and according to this prohibition, if the lessor has terminated the lease agreement for the purpose of necessity and has ensured the evacuation of the leased premises, he cannot rent the leased premises to anyone other than the former lessee without a justified reason, unless three years have passed. Otherwise, the lessor is obliged to pay compensation to the former lessee, provided that it is not less than one year’s rent paid in the last lease year.
It should also be noted that while the lessee is using the leased property, a third party may become the new owner of the leased property due to reasons such as expropriation, forced execution, inheritance. In this case, Article 351 of the law stipulates that the new owner may terminate the lease agreement in case of need, just like the former owner.
Accordingly, if the new owner of the leased property is obliged to use the leased property for himself, his spouse, his spouse, his descendants, his ascendants or other persons who are dependent by law due to the need for housing or workplace, he must notify the lessee in writing within one month starting from the date of acquisition. Afterwards, the tenant may terminate the lease agreement with a lawsuit filed after six months. In addition, the new owner may, if he wishes, exercise his right to terminate the contract due to necessity through a lawsuit to be filed within one month starting from the end of the contract period.
In this case, the new owner will not be able to rent the leased property to another person for three years without a justified reason.
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