Evacuation Of Leased Immovable Due To Need
As explained above, one of the reasons for the termination of the lease agreement in residential and roofed workplace leases is the need of the lessor for the leased immovable. In the case of a request for eviction of the leased property due to need, if the conditions sought by the law are met, the lessor can provide the eviction of the immovable property on the grounds of need with this type of lawsuit.
WHAT ARE THE NEED OF THE LESSOR?
The person who has leased his immovable property may need this immovable property during the continuation of the lease agreement. As a matter of fact, if the lessor has such a need, the lessor can obtain his immovable property thanks to the rights granted by the law.
These cases of need are regulated in the Turkish Code of Obligations:
A) In the event that the leased immovable is needed as a residence or workplace by the lessor’s spouse, descendants, ascendants or other dependents, an eviction request may be made due to the lessor’s need. In order for this situation, which is limited to the persons listed here, to be realised, the need must be “sincere and real”. As a matter of fact, the importance of this issue is emphasised in the decisions of the Court of Cassation:
“As for our case; The plaintiff’s attorney, in the notice dated 01.07.2014 and the petition for lawsuit, declared that he wanted to use the newly acquired shop subject to the lawsuit, claiming that his client had no business, but did not explain what work would be done by the needy in the leased premises, and did not make a statement regarding this issue during the trial, and the plaintiff witness who was heard said that the plaintiff planned to do a business but did not know what business to do.
In this case, since it is understood that the plaintiff, who acquired the leased property, has not yet decided for what purpose he wants to use the leased property subject to the lawsuit, which he acquired with the claim of need for a workplace, and since this issue is confirmed by the witness statement, it cannot be said that the need for a workplace is real, sincere and compulsory, the court should decide to dismiss the lawsuit, but it is not correct to accept the lawsuit with written justification.”
B) If it is necessary to repair, expand or change the leased immovable for the purpose of reconstruction or reconstruction, and if the use of the leased immovable will become impossible during the construction of these works, it is possible to evacuate the lease by the lessor.
C) It is also possible to evacuate the immovable property if the new owner needs the immovable property. In the event that the owner of the immovable changes after the establishment of the lease agreement, the new owner of the immovable becomes the new party to the lease agreement. It is possible to evacuate the immovable property in case the new owner and other persons (spouse, descendants, ascendants, dependents) specified in the law need the immovable property. In the proceedings, it is sought that the needs of the new owner and other persons listed in the law are “real and sincere”.
HOW TO FILE A LAWSUIT FOR EVICTION OF THE LESSOR DUE TO THE LESSOR’S NEED?
If the lessor, his/her spouse, descendants, lineal descendants or other dependents need the leased immovable property; the lessor must file an eviction lawsuit within 1 month starting from the determined date, provided that the lessor complies with the termination notice periods.
In cases where the leased immovable is required to be repaired, expanded or modified for the purpose of reconstruction or reconstruction, the lessor must file an eviction lawsuit within 1 month starting from the specified date, provided that the lessor complies with the termination notice periods.
In the event that the owner of the leased immovable changes and the need of the new owner comes to the agenda, our law has given us two different possibilities:
-The new owner must notify the tenant in writing of the request for eviction within 1 month from the date of acquisition of the immovable. If this condition is met, the new owner can evacuate the leased property by filing an eviction lawsuit after 6 months. The decisions of the Court of Cassation are also in this direction in the evacuation of the leased immovable due to need.
In the decisions of the Court of Cassation, it is stated as follows: “The person who acquires an immovable property in the nature of a dwelling or a roofed workplace may file an eviction lawsuit due to necessity, either within one month at the end of the contract based on the contract concluded between the former owner and the tenant, or six months after the date of acquisition, provided that he notifies the tenant in writing within one month starting from the date of acquisition, including the day of acquisition, in accordance with Article 351 of the TCO.
The lawsuit does not have to be filed immediately at the end of six months, but can be filed until the end of the contract. However, it is obligatory to notify the notification within one month following the acquisition, and it is not possible to remedy this later.” This issue is explained in the figure.
-The new owner can also evacuate the leased property with the eviction lawsuit to be filed within 1 month from the end date of the lease agreement.
It is possible to evacuate the leased property by the new owner by choosing one of the two possibilities provided by the law.
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