I. Tenant’s Obligation to Carefully Use the Leased Property and Show Respect to Neighbors
In accordance with Article 316 of the Turkish Civil Code, the tenant is obliged to carefully use the leased property in accordance with the lease agreement and show necessary respect to the persons residing in the property and neighbors.
II. Eviction Lawsuit Based on Violation of the Careful Usage Obligation by the Tenant
In case of the tenant’s violation of the obligation to carefully use the property, an eviction decision can be made based on the breach of the lease agreement. However, before proceeding with eviction, the landlord must first give the tenant a notice of at least thirty days in residential and covered business premises leases, stating in writing that the violation needs to be rectified. If the violation continues within the specified period, the landlord can initiate an eviction lawsuit to remove the tenant.
This legal action should be filed in the peace civil court where the tenant’s residence is located. Before filing the lawsuit, mediation for legal disputes must also be attempted.
III. Instances of Tenant’s Violation of the Careful Usage Obligation
In the lawsuit initiated based on the violation of the obligation to carefully use the property, the breach must be significant and directly related to the actual use of the leased property. Some instances of the tenant’s violation of the obligation to use the property carefully include:
- The tenant using offensive language or behavior towards the landlord or the landlord’s family.
- Disturbing others due to odors or noise generated in the leased property.
- Making threatening remarks to neighbors.
- Playing loud music late into the night, causing discomfort to neighbors.
Please note that these examples are provided for illustration, and the specific circumstances may vary in each case. Legal advice should be sought for accurate guidance based on the details of a particular situation.
IV. Cases Where No Prior Notice is Required
In lease relationships other than residential and covered business premises leases, the landlord can terminate the lease immediately without giving prior notice by providing written notification to the tenant.
In residential and covered business premises leases, in cases of openly malicious use, the landlord can initiate an eviction lawsuit without giving any notice to the tenant. According to the third paragraph of Article 316 of the Turkish Civil Code, instances considered as openly malicious use, and for which no prior notice is required, include:
- The tenant deliberately causing severe damage to the leased property.
- The determination that the given time for the tenant to remedy the situation would be useless.
- The tenant’s behavior, contrary to the obligation to use the property carefully, becoming unbearable for the landlord, other individuals residing in the same property, or neighbors.
According to the decisions of the Court of Cassation, some instances considered as openly malicious use for which no prior notice is required include:
- The presence of a structure on the leased property posing a danger to life and property safety.
- The tenant causing damage to the properties of neighbors.
- The tenant keeping an excessive number of animals on the leased property, causing discomfort to neighbors due to the smell and noise of the animals.
- The tenant verbally abusing the landlord.
- The tenant installing unauthorized electrical wiring or taking unauthorized electricity.
- Complaints and criminal proceedings between the tenant and the landlord.
- Engaging in prostitution on the leased property.
Memduh Remzi BAL
Lawyer / Attorney in Turkey
Landlord Tenants Attorneys in Turkey
Call Us : +90 212 909 86 34
Sen Mail : info@ballawyer.com
