I. Case for Eviction for Need in General
For residential and roofed workplace leases, the landlord has limited options to terminate the lease agreement. One of these reasons is that the landlord or one of his/her dependents needs the rented house or a roofed workplace
In the 350th article of the Turkish Code of Obligations; “1. If there is an obligation to use the rented property for himself, his spouse, descendants, descendants or other persons whom he is obliged to look after due to the need for housing or workplace, 2. If it is necessary to repair, expand or change the leased property for the purpose of reconstruction or development and it is impossible to use the leased property during these works; the landlord may end the rental agreement. In fixed-term contracts, it can end within one month of the expiry of the term. In indefinite-term contracts, it may end with a lawsuit to be filed within one month, starting from the date to be determined in accordance with the termination period and the periods stipulated for the termination notice according to the general provisions regarding the lease. provision is included.” provision is included.
The landlord can only terminate the lease agreement through an eviction lawsuit if the need for the landlord arises. The most peculiar elements of this lawsuit are that the landlord’s needs are sincere, the lawsuit is filed in time, and the landlord cannot re-lease the leased property for three years if the lawsuit is won.
Th landlord does not need to be the owner to request an eviction due to necessity. In the case where the landlord has usufruct or right of residence, or even if he is a sub-landlord, he can file an eviction lawsuit due to necessity. If the landlord is a legal person, it is not possible for them to file an eviction lawsuit due to their residence requirement. The legal person may request an eviction for his workplace needs.
II. Sincerity of Need
When the landlord files an eviction lawsuit due to need, the court requires this need to be sincere, real and compulsory. If the landlord’s need is not sincere, genuine and compelling, his case will be rejected. The need is carefully examined by the court.
The landlord has to prove the existence of housing and workplace needs before the court. Th tenant, on the other hand, can prove with all kinds of evidence that the need is real, sincere and not compulsory.
In addition, the court requires that the landlord’s needs have been met and that it should be continuous. For this reason, a situation that does not occur or is not certain to occur in the future is not considered a need. The continuity of the need is that it continues for a certain period of time. The judge makes a decision by evaluating all these elements according to the concrete case.
According to the Supreme Court, the need should continue until the judgment becomes final. In some of its decisions, the Supreme Court has concluded that the need for an announcement regarding the sale undermines the truth and sincerity. Temporary need that is not continuous cannot be considered as a reason for evacuation, and a need that has not yet arisen or whose realization depends on a long period cannot be accepted as a reason for evacuation.
III. Circumstances That The landlord’s Need Can Be Considered Sincere
In some cases, the need of the landlord has been accepted as sincere, real and compulsory by the Supreme Court. If the landlord is a tenant in another house or lives next to someone else, his need is deemed sincere by the Supreme Court. According to the Supreme Court; “The main proof of the existence of the need is that the needy living in the rented house in eviction cases based on housing reasons.” Therefore, it is presumed that the landlord resides in another residence as a tenant. There is no difference between the landlord claiming the need for housing, living as a tenant in someone else’s residence, and living free of charge. The fact that the children of the landlord are also living in the rented house is a presumption that there is a need for residence.
The landlord who needs a house must prove that he lives in another house. However, the tenant can always prove the contrary of this presumption. For example, if a landlord living in a rented house has a house that is closer to his work and has better physical conditions, but does not file an eviction lawsuit for this house, but files an eviction lawsuit for a house that is farther from his work and has worse physical conditions, the case should be rejected. If the tenant owns an immovable property, a decision should be made based on the result, with emphasis on whether it is vacant or not.
The existence of a housing need is also accepted if the landlord has difficulty in meeting the expenses of the house he resides in due to the worse financial situation compared to the past. It has also been seen as a justifiable reason for the landlord living in a luxury flat to want to move to a smaller one due to financial difficulties.
Th eviction lawsuit is accepted, assuming that the need for housing is real and sincere, provided that the landlord living abroad makes a definite return to the country. The General Assembly of the Supreme Court of Appeals found that the need to continue during the trial and that the necessary steps have been taken for a definite return to the country are sufficient.
The existence of a housing need is also accepted if the landlord has difficulty in meeting the expenses of the house he resides in due to the worse financial situation compared to the past. It has also been seen as a justifiable reason for the landlord living in a luxury flat to want to move to a smaller one due to financial difficulties.
The eviction lawsuit is accepted, assuming that the need for housing is real and sincere, provided that the landlord living abroad makes a definite return to the country. The General Assembly of the Supreme Court of Appeals found that the need to continue during the trial and that the necessary steps have been taken for a definite return to the country are sufficient.
If the landlord will have to rent another place unless the tenant is evicted from the summer residence, it is accepted that the summer residence need of the rented is real and sincere, and the eviction request is accepted due to need. In the case law of the Supreme Court, the need for summer housing has been accepted as a part of the housing need.
The house, which was requested to be evicted due to the need for a summer residence, was built as a summer residence in terms of architecture, and the rental agreement should be aimed at meeting the need for a summer residence.
Otherwise, according to the Court of Cassation, the request for eviction should be rejected, since the residence requested to be evicted cannot meet the need for a permanent summer residence. The situation here is not that every day of the year is spent in the rental. For example, the need of the landlord who wants to work abroad and spend the holiday periods of the year in the house is considered real and sincere in this case.
In order for the landlord or his relatives to be deemed to be in need, the person must be of legal age. According to the Supreme Court, an adult cannot be compelled to live with his family. For these reasons, the need may be considered sincere in cases such as the landlord or his children getting married, having a child, growing up of his children, returning to the landlord after completing their education at the university. If the landlord’s child is of legal age and wants to go to a separate house, the need is considered to be sincere.
Although the Supreme Court finds the needs of the landlord, who is preparing to marry, real and sincere, it does not evaluate the engagement alone in this context and seeks to make some concrete preparations for the marriage, such as the purchase of some items and the determination of the wedding day.
If the landlord is unemployed or will leave the current workplace, the existence of a workplace need is accepted. Divorce of the spouses or living separately from one of the spouses are also accepted among the situations where the need for housing is mandatory. As with marriage, the need for housing due to divorce should be based on concrete evidence. The need for a house as a result of running is also considered sincere.
Depending on the health reasons, the landlord may request the evacuation of the leased property, citing the need for housing. However, the health reasons put forward by the landlord as a need for housing should make it mandatory for him to live in the rented house and it should be beneficial for the health of the rented person.
The housing need of those who live abroad and do not make a definite return, but who want to spend certain periods of the year (such as leave, vacation) in Turkey, can be considered real and sincere. The landlord’s desire to live in his own house when he comes to Turkey is related to the right of ownership, and the right of ownership should be prioritized over the right of tenancy.
In cases such as the appointment of the children of the landlord to the civil service, education, health status, an eviction lawsuit can be filed due to need.
IV. Competent and Authorized Court
In Article 4 of the Code of Civil Procedure; “The magistrates’ courts, regardless of the value or amount of the subject of the case; a) The lawsuits regarding all disputes and the lawsuits filed against these lawsuits, including the lawsuits for receivables arising from the rental relationship, apart from the provisions regarding the evacuation of the leased immovables by enforcement without judgment pursuant to the Execution and Bankruptcy Law dated 9/6/1932 and numbered 2004, b) Cases regarding the division of movable and immovable property or right and dissolution of partnership, c) Cases for the protection of possession only in movable and immovable properties, ç) Cases in which this Law and other laws assign the magistrate’s court or magistrate” provision is included. For this reason, the competent court in the evacuation case of the landlord due to the need of the landlord is the civil courts of peace.
In Article 6 of the Code of Civil Procedure; “The general authorized court is the court of the domicile of the defendant real or legal person on the date of the lawsuit.” provision is included. The authorized court is the tenant’s place of residence, that is, the courthouse of the province and district where the leased property is located.
V. Term of Litigation
The landlord may terminate the lease agreement with a lawsuit at the end of the term in fixed-term contracts due to the need for housing or workplace. In indefinite-term contracts, landlord may end with a lawsuit to be filed within one month, starting from the date to be determined in accordance with the termination period and termination notice periods stipulated in the general provisions regarding the lease contract.
In article 353 of the Turkish Code of Obligations; “If the landlord has notified the tenant in writing that he will file a lawsuit within the period stipulated for the filing of the lawsuit at the latest, the period of filing a lawsuit is deemed to be extended for one rental year.” provision is included. If the landlord informs the tenant that he will file a lawsuit with a written warning within one month, the period of filing a lawsuit will be extended by one rental year.
If the eviction lawsuit is not filed in compliance with these deadlines, the lawsuit is dismissed procedural. The court examines ex officio whether the case has been opened in due time.
In the process of filing a lawsuit, it must first be determined whether the lease agreement is for a fixed or indefinite period. In article 347 of the Turkish Code of Obligations; “For residential and roofed workplace rentals, the contract is deemed to be extended for one year under the same conditions, unless the tenant notifies at least fifteen days before the end of the fixed-term contracts.” provision is included. If the lease agreements are not terminated by the tenant at the end of the rental year, they are deemed to be extended for one more year. It continues to be a fixed-term lease agreement.
In fixed-term lease agreements, an eviction lawsuit must be filed within one month at the end of the specified lease agreement. In fixed-term lease agreements, there is no obligation to send a warning in advance so that the landlord can file a lawsuit within one month from the end of the determined period.
For indefinite term lease agreements, in article 329 of the Turkish Code of Obligations; “Each of the parties may terminate the lease agreement for an immovable or movable structure for the end of the rental period determined in local custom, or in the absence of such a custom, for the end of the six-month rental period, by complying with the three-month termination notice period.” provision is included.
In order to file an eviction lawsuit due to need in an indefinite lease contract; At the end of the six-month rental period, a warning must be sent in accordance with the three-month termination notice period. At the end of the six-month rental period, an eviction lawsuit can be filed within one month.
In the case of a rental agreement with a starting date of 01/01/2023; The 6-month lease will expire on 31/06/2023. In order for you to file an eviction lawsuit due to need; You must send a warning to the tenant before 31/03/2023. After 31/06/2023, you can file an eviction lawsuit until 31/07/2023.
VI. Consequences of Eviction Case and Prohibition of Rehire
If the landlord wins the eviction lawsuit filed due to necessity, the contract will be terminated with the decision. In addition, it is obligatory for the tenant to deliver the leased item to the landlord, empty, with its attachments and keys. Otherwise, the landlord may evacuate the house through forced execution.
If the landlord wins his case and terminates the lease due to need, he cannot rent the leased property to anyone other than the evicted tenant for three years.
In the first and third paragraphs of Article 355 of the Turkish Code of Obligations; “When the landlord provides for the evacuation of the leased property for necessity, he cannot rent the leased property to anyone other than his former tenant, without a justified reason, unless three years have passed. If the landlord violates these provisions, he is obliged to pay compensation to his former tenant, not less than one year’s rent paid in the last rental year.” provision is included.
If the landlord violates the re-leasing prohibition, the former tenant must be compensated for not less than one year’s rent. The purpose of the re-lease prohibition is to prevent the landlord, who has no real need, from abusing his right just to evict the tenant. The Supreme Court seeks that the landlord has evicted the tenant with a lawsuit in order to be able to award compensation due to the violation of the prohibition of re-leasing.
Do you need legal assistance regarding tenant rights, tenancy disputes or litigation? Clear your doubts.
Rental agreements are seen as a procedure in our country due to lack of knowledge or carelessness in legal matters. In fact, we often come across a rental relationship without a written lease agreement. However, lease agreements are contracts that bind both parties and impose mutual obligations.
The fact that people act without knowing the rights and obligations arising from the rental agreements that are frequently made in order to meet the basic needs of shelter or workplace causes very serious problems. Especially in countries where inflation is high, there is a confrontation between the lessors and the tenants based on the precedent rental prices, and the parties end up in the corridors of the courthouse.
Lawyers of BAL Law Firm provide legal services in all disputes arising from residential and roofed workplace lease agreements. In particular, disputes related to rent increase rates, tenant eviction, eviction lawsuits based on eviction notice, tenant’s rights, eviction lawsuit due to non-payment of rental fees, collection and enforcement proceedings, eviction lawsuit due to new owner’s need, receivables arising from past rental fees, rental adaptation lawsuits, rental We have very competent knowledge and experience on disputes such as settlement cases.
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