Eviction In Lease Agreements
EVICTION IN LEASE AGREEMENTS SUBJECT TO GENERAL PROVISIONS
1-Eviction by default
2-Eviction due to breach of contract
3-Evacuation due to expiration of fixed term contracts
4-Evacuation in contracts of indefinite duration
1-Because of the Tenant’s Default
If the lessee does not fulfill the obligation to pay the rent or ancillary expenses due after the delivery of the leased property, the lessor may notify the lessee in writing that he will terminate the contract in case of non-performance within this period.
The period to be given to the lessee is at least ten days, and at least thirty days for residential and roofed workplace leases. This period starts to run from the day following the date of written notification to the lessee.
The right to file a lawsuit is granted to the lessor, the owner who is not the lessor, the person who acquired the immovable (new owner).
Notice; For the payment of the rent money requested in the lease agreements subject to general provisions,
the payment period to be given to the tenant is at least 10 days,
at least thirty days for residential and roofed workplace leases
For product leases, it is at least 60 days. The periods start to run from the day following the date of the written notification.
The lawsuit should be filed after the payment period. There is no need to wait for the contract period to file a lawsuit.
2 – Careful Use and Respect for Neighbors
(Breach of Contract) The lessee is obliged to use the leased property carefully in accordance with the contract and to show respect to other persons and neighbors living in the immovable property where the leased property is located. In the event that the lessee violates these obligations, the lessor must give at least 30 days’ notice to the lessee to remedy the breach, otherwise the lessor must give a written notice of termination of the agreement. In other lease relationships, the lessor may terminate the contract immediately with a written notice without prior notice to the lessee.
In residential and roofed workplace leases, the lessor may terminate the contract immediately with a written notice if the lessee intentionally causes serious and serious damage to the leased property, if it is understood that the period to be given to the lessee will be useless, or if the lessee’s behavior contrary to this obligation is unbearable for the lessor or the persons living in the separate immovable and neighbors.
In this article, at least 30 days must be given due to breach of contract in residential and roofed workplace leases.
In case of breach of contract in other lease agreements other than housing and roofed workplace, the contract may be terminated with a written notice without giving time.
Termination of the contract due to open misuse of the leased property is only possible in residential and roofed workplace leases and it is not foreseen that the contract will be terminated due to open misuse in other contracts.
3-Because of the Termination of the Contract
Eviction Case : With the Passage of Time
If a term is explicitly or implicitly set, the lease agreement automatically expires at the end of this term. If the parties continue the lease relationship without an explicit agreement in this case, the lease agreement turns into an indefinite term agreement.
-The lessor may request the eviction of the tenant by applying for execution due to the expiration of the term within one month from the expiration date of the contract. In the same period, SHM may file a lawsuit and request eviction.
-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 become indefinite, then the lessor can always file a lawsuit.
4- Eviction Cases Filed Due to Termination Notice in Indefinite Term Lease Agreements
In indefinite-term lease agreements, either 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 the basis. If the termination period or notice period specified in the contract or the law is not complied with, the notice shall be valid for the next termination period.
-The notice of termination can be made by either party. The lessor and the lessee can terminate the contract by complying with the termination notice periods.
-There is no need to show a reason in 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 giving three months’ notice of termination.
Eviction for Extraordinary Termination :
Eviction for Important 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 also decide on the monetary consequences of an extraordinary notice of termination, taking into account the facts and circumstances.