Eviction Lawsuits Arising From Residential And Commercial Property Leases
Eviction Lawsuits Arising from Residential and Commercial Property Leases
1. Eviction Due to Need TBK 350/1
If the landlord has a necessity to use the leased property as a residential or commercial premises for themselves, their spouse, descendants, ascendants, or other persons whom they are legally obligated to support, they may file an eviction lawsuit within one month of the expiration of the lease agreement.
2. If the leased property requires substantial repairs, expansion, or modification for the purpose of reconstruction (TBK 350/2) or renovation, and the use of the leased property is impossible during such work, the landlord may file a lawsuit within one month of the expiration of the lease term in the case of fixed-term leases, in indefinite-term contracts, the tenant may terminate the lease by filing a lawsuit within one month from the date determined in accordance with the general provisions regarding termination periods and notice periods for termination.
Under the Turkish Code of Obligations (TBK), the lessor may file a lawsuit for the need for a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons whom they are legally obligated to support. The other persons whom they are legally obligated to support shall be determined in accordance with Article 364 of the Turkish Civil Code (TMK).
3. Eviction Lawsuit Due to the New Owner’s Need, Article 351/1
If the person who subsequently acquires the leased property has a necessity to use it for residential or commercial purposes for themselves, their spouse, descendants, ascendants, or other persons whom they are legally obligated to support, they may terminate the lease agreement by filing a lawsuit six months after the acquisition date, provided that they notify the tenant in writing within one month of the acquisition date.
If the lessor is required to use the leased property for residential or business purposes for themselves, their spouse, descendants, ascendants, or other persons whom they are legally obligated to support, they may file a lawsuit within one month of the expiration of the lease agreement.
Eviction Lawsuits Based on Reasons Attributable to the Tenant
1. Eviction Lawsuits Based on Eviction Commitments TBK 352 md
If the tenant undertakes in writing to vacate the leased property by a certain date after it has been delivered to the lessor, the lessor may terminate the lease agreement by initiating enforcement proceedings or filing a lawsuit within one month from that date.
The lawsuit must be filed with the Conciliation Court within one month following the date specified in the eviction commitment, or enforcement proceedings based on the commitment must be initiated within this period.
The notice of eviction previously given to the tenant does not have a time-preserving effect.
If enforcement proceedings have been initiated, the proceedings will preserve the time limit, so a lawsuit may be filed even after one month has passed.
2. Due to Two Valid Notices
In lease agreements with a term of less than one year, if the tenant fails to pay the rent during the lease term;
In lease agreements with a term of one year or longer, if the tenant has failed to pay the rent within one lease year or a period exceeding one lease year, thereby causing two written notices to be issued to them, the landlord may terminate the lease agreement through legal proceedings within one month from the end of the lease term and, in leases with a term of more than one year, from the end of the lease year in which the notices were issued.
The right to file a lawsuit belongs to the landlord.
The owner who is not the lessor does not have the right to file a lawsuit.
The new owner has the right to file a lawsuit based on the commitment made during the previous owner’s time as the successor of the previous owner and the lessor.
3. The tenant or his/her spouse living with him/her has a suitable residence within the municipal boundaries of the same district or town. TBK 352/3
If the tenant or their spouse has a suitable residence within the municipal boundaries of the same district or municipality, the landlord may terminate the lease agreement through legal proceedings within one month of the agreement’s expiration if they were unaware of this fact at the time the agreement was entered into.