I. Generally, Eviction Case Due to the New Owner’s Need
Even if there is a change in ownership of residential and roofed commercial properties, the lease agreement continues. The change in ownership does not terminate the lease agreement. Therefore, the agreement made with the previous owner will continue with the new owner. However, Article 351 of the Turkish Code of Obligations states: “If a person who later acquires the leased property has an obligation to use it for residential or commercial purposes due to the need of himself, his spouse, descendants, ascendants, or other persons he is obliged to care for under the law, he may terminate the lease agreement six months after the acquisition by opening a lawsuit, provided that he informs the tenant in writing within one month from the acquisition date. The person who later acquires the leased property may also exercise the right to terminate the contract due to the need through a lawsuit to be filed within one month from the expiration of the contract period.“
Firstly, it needs to be checked whether there is an annotation related to the lease agreement in the title deed of the immovable property. If there is an annotation regarding the lease agreement in the title deed, an eviction case cannot be filed due to the new owner’s needs. If you have acquired the property by purchase or inheritance and there is no annotation in the title deed, you may file an eviction case due to the new owner’s needs.
If there is no annotation in the title deed, when you purchase a roofed commercial property or residence and you have bought the property for your own use and needs, there are procedures to follow to evict the tenant. The steps to be taken are explained in detail below.
II. Notice Requirement
After officially purchasing the property, you must send a notarized notice to the tenant within 1 month, stating:
- That you have purchased the property and are the new owner,
- The rent payments should now be made to your bank account as the new owner,
- That your need for the property,
- That the tenant must vacate the property within 6 months.
The delivery of the notice within 1 month from the date of purchasing the property is a mandatory element for the eviction case. Therefore, you will need to consider the delivery time of the notice.
You can give the tenant a minimum of a 6-month notice. Giving a notice for a period shorter than 6 months is not possible. This aspect is crucial. However, if the existing lease agreement is renewed within a period shorter than 6 months, you can give notice until the end date of the lease agreement.
III. Necessity Must Be Genuine and Continuous
You will need to prove that you genuinely need the property in the eviction case. As the new owner, you can claim that you need the property due to your own necessity, as well as the necessity of your spouse, children, grandchildren, parents, adoptees, or individuals for whom you are legally responsible.
When the new owner files an eviction case based on necessity, the court requires that the necessity is sincere, genuine, and mandatory. The court carefully examines the claim of necessity. Additionally, the court requires that the landlord’s need is realized and continuous. Therefore, a situation that has not occurred or is not certain to happen in the future is not considered a necessity. The continuity of the necessity means that it should last for a certain period.
The judge evaluates all these elements based on the specific case and makes a decision. According to the Supreme Court (Yargıtay), the necessity must continue until the judgment becomes final. A temporary necessity that does not persist cannot be considered a reason for eviction, and a need that has not yet arisen or is dependent on a long period is also not accepted as a valid reason for eviction.
If the new owner has no other house than the one being rented, lives in the rented property, or resides with their family, this creates an inference that there is a genuine necessity. In such a situation, it will be accepted that there is a genuine necessity. If you have purchased a house for your child who is over 18 years old to live in, and you have only one house other than the rented property, it will be accepted that there is a necessity for your child. The precedents of the Supreme Court support this perspective.
If you have multiple properties or businesses, you will need to prove to the court why you need the rented property instead of others. Reasons such as the rented property being larger, your family being more crowded, or it being closer to your work may be relevant.
Additionally, the new owner may have a necessity for the rented property due to health reasons. For example:
- The hospital where the owner receives treatment is close to the rented property.
- If the person acquiring the property or their close relative has a heart condition, and the building where they currently live has stairs while the rented property has an elevator, this indicates the necessity.
However, discomfort caused by air and noise pollution is not sufficient to prove the need for a residence unless it leads to a specific health condition.
The court generally accepts the sincerity of the need if the landlord or their children get married, have a new child, or if their children grow up, complete their education in another city, and return to live with the landlord.
In the case of an eviction lawsuit filed by the new owner due to the need for a commercial property, if the new owner is currently leasing, it is required that the person in need is under the threat of eviction or that the rented property is superior in quality for the intended business, or at least is equivalent to the current place of business. Merely being leased, like in the case of a residence, is not sufficient. Therefore, it is necessary to prove the other conditions in court. The superior or equivalent quality of the rented property will be proven through inspection and expert reports.
If the rented property is being used as a residence, it does not prevent the filing of an eviction case for a business need. You can file an eviction case for a business need even if the property is used as a residence. Similarly, if the rented property is used as a business, it does not prevent the filing of an eviction case for a residential need.
IV. When Can an Eviction Lawsuit Be Filed?
An eviction lawsuit due to the new owner’s needs should be initiated at the expiration of the period specified in the eviction notice served to the tenant. If the notice grants the tenant a 6-month period, the lawsuit should be filed at the end of that 6-month duration. It is not necessary to file the lawsuit immediately after the 6-month period expires. However, the lawsuit must be filed within 1 month from the termination of the lease agreement at the latest. If the eviction notice provides the tenant with time until the end of the lease agreement, the lawsuit should be filed within 1 month from the termination of the lease agreement.
Before filing a lawsuit related to rental disputes, mandatory mediation is required. After the expiration of the 6-month period or within 1 month after the termination of the lease agreement, parties must first seek mediation. If the parties cannot reach an agreement, an eviction lawsuit should be filed after the issuance of a non-settlement report.
V. Eviction Lawsuit Process Due to the New Owner’s Need
After the issuance of a non-settlement report in mediation, an eviction lawsuit can be filed. The eviction lawsuit due to the new owner’s needs should be filed in the local conciliation court where the rented property is located.
Along with the lawsuit petition, evidence must be submitted to the court. Since it is a straightforward trial procedure, no response petition can be filed. If conciliation is not achieved at the preliminary hearing, the case will proceed to the investigation stage. During this stage, the court will collect evidence. Witnesses who have information and knowledge about the necessity of the new owner will be heard by the court during the investigation stage. After the conclusion of the investigation stage, the process moves on to the oral trial stage, and the court issues a judgment.
In an eviction case due to the new owner’s needs, the most crucial elements are as follows:
- Notice Delivery Within 1 Month: A crucial step for the eviction lawsuit is the delivery of a notice to the tenant by the new owner within 1 month.
- Extended Notice Period (Minimum of 6 Months): It is critical for the validity of the case that the notice provides the tenant with a minimum of a 6-month period.
- Mediation Application and Lawsuit Filing: After the expiration of the notice period, it is essential to initiate mediation within 1 month and subsequently file the lawsuit. This is crucial for the continuation of the legal process.
- Proving the Necessity Claim in Court: One of the fundamental aspects in the eviction case is to prove in court that the new owner’s necessity is sincere, genuine, and mandatory. This should be supported with witnesses, documents, and other pieces of evidence.
These elements ensure that the eviction case progresses on a legal basis and in accordance with the requirements of the process.
Ece Deniz Vardar
Lawyer / Attorney in Turkey
Landlord Tenants Attorneys in Turkey
Call Us : +90 212 909 86 34
Sen Mail : info@ballawyer.com
