Termination Of The Lease Agreement And Eviction
Due to Termination of Contract
Eviction Case : It can be filed upon expiration of the term. If a period of time is explicitly or implicitly determined between the parties, the lease agreement automatically expires at the end of this period.
If the parties continue the lease relationship without an explicit agreement in this case, then the lease agreement becomes an indefinite-term contract.
– Within one (1) month from the expiration date of the contract, the lessor may request the eviction of the tenant by applying for execution due to the expiration of the term. If he wants, he can request eviction by filing a lawsuit to the Civil Court of Peace within the same period.
– If the lessor notifies a notice that he will not renew the lease agreement within the lease period or within the period of filing a lawsuit, the lease agreement will not be renewed and will not become indefinite. Then the lessor can file a lawsuit at any time.
Eviction Cases Filed Due to Termination Notice in Indefinite Term Lease Agreements
In indefinite-term lease agreements, each party may terminate the agreement by complying with the legal termination periods and termination notice periods, unless a longer termination notice period or another termination period has been agreed.
In the calculation of the termination periods, the starting date of the lease agreement is taken as basis. If the termination period or notice period specified in the contract or the law is not complied with, the notice is valid for the next termination period.
– The notice of termination can be made by either party, and the lessor and the lessee can terminate the contract by complying with the termination notice periods.
– There is no need to show a reason for the lawsuits to be filed due to notice of termination. It also does not depend on the consent of the other party.
– If the lawsuit is filed by complying with the termination notice periods, the lawsuit filed without any other reason is accepted.
Immovable and Movable Building Leases
Eviction on Notice of Termination
Either party may terminate the lease agreement relating to an immovable or movable structure for the end of the lease period determined by local custom or, in the absence of such custom, for the end of the six-month lease period, by complying with the three-month termination notice period.
Eviction for Extraordinary Termination :
Eviction for Significant Reasons
Either party may terminate the lease at any time by complying with the statutory termination notice period if there are significant reasons that make the continuation of the lease relationship unbearable for it.
The judge shall decide on the monetary consequences of an extraordinary notice of termination, taking into account the facts and circumstances.