Court With Jurisdiction And Authority In Eviction Cases
COURT COMPETENT IN EVICTION CASES
The jurisdiction of courts is determined by law. Jurisdiction is related to public order. For this reason, it is taken into account at every stage of the proceedings. The court competent in eviction cases is specified in Article 4/1-a of the Code of Civil Procedure (HUMK 8/II-1).
With the exception of provisions regarding the eviction of leased immovable property through summary enforcement proceedings pursuant to the Enforcement and Bankruptcy Code No. 2004 dated June 9, 1932, the courts of first instance have jurisdiction over all disputes, including claims arising from lease relationships, and counterclaims filed against such claims.
JURISDICTION HMK 5 (HUMK 9.)
Jurisdiction: Refers to which court shall hear a case, regardless of its value.
HMK 6 (HUMK 9) establishes the general rule of jurisdiction. The court with general jurisdiction is the court of the place of residence of the defendant, whether a natural or legal person, at the time the case is filed.
The place of residence is determined in accordance with the provisions of the Turkish Civil Code No. 4721 dated 22.11.2001.
In eviction cases, since the dispute does not relate to the immovable property itself, the competent court is determined according to the rules in HMK 6 and 7 (HUMK 9) and HMK 10 (HUMK 10).
According to Article 10 of the Code of Civil Procedure, in cases arising from a contract, the court where the contract is to be performed may have jurisdiction.
Accordingly, the court with jurisdiction is the court of the defendant’s place of residence or the place where the contract is to be performed, which is also the location of the immovable property. Therefore, eviction cases are generally heard by the court where the immovable property is located.
Article 17 of the Code of Civil Procedure states that “Traders or public legal entities may, by agreement, designate one or more courts as having jurisdiction over a dispute that has arisen or may arise between them.” Unless otherwise agreed by the parties, the lawsuit can only be filed in the courts designated by the agreement.
Therefore, according to this provision, individuals cannot establish a jurisdiction agreement for lease agreements made between themselves.