The eviction of the tenant who has rented a residence or roofed workplace with the Rental Agreement is only possible with the conditions listed in the Turkish Code of Obligations. In this article, we will provide information about the legal remedies for the eviction of the tenant, the answer to the question of how the tenant is evicted, and the reasons for the eviction of the tenant.
I. The Importance of the Rental Agreement
Answering the question of “How Do I Evict A Tenant in Turkey?” may vary depending on the terms of the lease agreement, the problems experienced with the tenant or your request.
As a rule, the lease agreement does not have to be in writing. A verbal lease agreement can also be made. However, the terms and periods specified in the written lease agreement are very important for the eviction of the tenant.
For detailed information about the rental agreement, you can review our “Residential Lease Agreement” article.
II. Reasons for Eviction of the Tenant
Rental eviction reasons are limited to the conditions listed in the Turkish Code of Obligations. Even if there are different conditions in the rental agreement, these conditions will not be valid due to the prohibition of regulation against the tenant and the violation of the mandatory provision of the law.
Reasons for Eviction of the Tenant
- Non-payment or partial payment of rent by the tenant
- Tenant providing an eviction notice
- Tenant causing two valid notices due to delayed payment of rent
- Landlord’s need for housing
- Tenant not paying the site maintenance fees
- The mandatory demolition or rendering the house unusable
- Landlord’s need for the newly purchased property
- The 10-year renewal period of the lease agreement has expired
- Tenant becoming a homeowner
- Complaints filed by the prosecutor’s office between the landlord and the tenant.
1. How to Evict a Non-Paying Tenant? – Case for Eviction Due to Non-Payment of Rental Fee
The least costly and fastest method to be followed against the tenant who does not pay rent will be to follow up with an eviction request. Following the initiation of this enforcement proceeding, the enforcement office notifies the lessee a payment order. The tenant is warned to pay the unpaid rent within 30 days, and to submit their objections to the enforcement office within 7 days if there are objections.
If the tenant objects or does not pay the unpaid rent within 30 days, it is possible to remove the objection and file an eviction lawsuit in the enforcement court.
Instead, a warning may be sent to the tenant, stating that if he/she pays the rent within 30 days, the contract will be terminated and an eviction lawsuit will be filed. If the tenant does not pay the rent within 30 days from the date of notification or receipt of the warning, an eviction lawsuit can be filed in the civil court of peace.
However, in order to collect the tenant’s rent debts, it will be necessary to follow up with enforcement proceedings. For this reason, it would be a more logical method to both ensure the eviction of the tenant and collect the unpaid rent debt by carrying out enforcement proceedings with an eviction request.
The application fee, advance fee, postage costs, bar stamp and attorney’s fees in the works followed by a proxy, and stamp duty of the rental agreement if the stamp tax of the rental agreement is not paid, will incur stamp duty costs.
2. How to Evict a Tenant with an Eviction Notice?
In cases where the tenant vacate the leased property on a certain date, the tenant can also be evicted based on the eviction notice. Evacuation due to the eviction notice may be the fastest of the tenant’s eviction reasons, depending on the situation.
There is a special enforcement procedure in the Execution and Bankruptcy Law for eviction due to an eviction notice. Accordingly, an eviction order is sent to the lessee within 15 days after the execution proceeding is initiated. The tenant can appeal within 7 days. If no objection is made by the tenant during the eviction enforcement proceedings with the Eviction Order, the eviction of the tenant may result in a short period of approximately 1 month.
The tenant may object to the eviction notice and enforcement proceedings in more than one way. These objections may be based on reasons such as filling out the eviction notice later, that the signature on the eviction notice does not belong to him, and that the eviction notice was issued before the delivery of the leased property. In this case, for the eviction of the tenant, according to the points in the objection petition, the objection will be removed in the enforcement court and the objection will be canceled in the eviction or magistrate’s court and an eviction lawsuit will be filed.
In the first paragraph of Article 352 of the Turkish Code of Obligations; “If, after the delivery of the leased property, the lessee has not vacated the leased property on a certain date, despite the fact that he has undertaken to vacate in writing, the lessor may terminate the lease agreement within one month, starting from this date, by applying for enforcement or by filing a lawsuit.” The tenant, who agrees to leave on a certain date by signing a written eviction notice, can be evicted through litigation or enforcement proceedings.
You can read our article “Vacate Process Due To Eviction Notice in Turkey” to get detailed information about the eviction due to the eviction notice.
3. How to Evict a Tenant Due to Two Valid Notices?
It is possible to file an eviction lawsuit due to two valid notices within 1 month from the end of the next rental year, if the tenant causes at least two valid notices due to his failure to pay the rent in the same rental year.
Eviction process due to two rightful warnings may take longer than the eviction process due to the eviction notice and the non-payment of the rent debt. Because the lawsuit must be filed within 1 month from the end of the rental period. For this reason, even if the tenant causes two rightful warnings by not paying the rent, it will be necessary to wait for the end of the rental year.
For detailed information on eviction lawsuits due to two rightful warnings, you can read our article “Eviction Due To Two Valid Notices Under Turkish Law“.
The lease agreement may be for immovable such as an apartment, building, property, or it may be for an automobile, telephone or other movable property. Th lease agreement mentioned in this article contains information about “Residential or Roofed Workplace Rental Agreements”.
The parties to the lease agreement are the “landlord” and the “tenant”. Landlord (Home or business owner); It is obliged to deliver the leased property on the agreed date in a condition suitable for the intended use in the contract and to keep it in this condition for the duration of the contract. The tenant is obliged to pay the rent and, if necessary, the ancillary expenses on the day determined in the contract, to use the leased property carefully in accordance with the contract and to show the necessary respect to the people living in the leased property and to the neighbors.
In many types of contracts, the agreement between the parties, that is, the freedom of will is valid. However, in some contract types, a balance of power is provided between the parties by introducing mandatory provisions in the law. Residential and Roofed Workplace Contracts, arrangements have been made in this direction between articles 339 and 356 of the Turkish Code of Obligations.
4. How to Evict the Tenant When the Contract Term Expires?
According to article 347 of the Turkish Code of Obligations, the tenant, voluntarily, may terminate the lease agreement by giving notice at least fifteen days before the end of the period. The landlord cannot request an eviction based on the expiry of the 1-year lease. The landlord / lessor, however; At the end of the 10-year extension period, it may terminate the lease agreement and request eviction by giving at least three months’ notice to the end of each subsequent extension year.
5. How to Evict a Tenant Due to Need?
In the first paragraph of Article 350 of the Turkish Code of Obligations; “The lessor, the lease agreement; 1. If there is an obligation to use the leased property for himself, his spouse, descendants, descendants or other dependents as per the law, due to housing or workplace needs, If it is impossible to use it, 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 in accordance with the general provisions regarding rent in fixed-term contracts, and the periods stipulated for termination notification in indefinite-term contracts.”
It is obligatory to prove that the lessor’s need is “sincere” in eviction cases due to necessity. For example, the fact that there is a serious difference between the rent paid by the lessor and the rent received from the tenant, despite the fact that the lessor has been renting for years, can be shown as the reason why the need is sincere. However, it will not be considered as a “sincere” need for the lessor to file an eviction lawsuit due to necessity, even though it has been only 1 year since he rented out his flat while he was already living in the rented premises. Similarly, if the lessor has other flats within the same municipality, it may result that his need is not “sincere”.
When the lessor terminates the lease contract for necessity, he cannot lease the leased property to anyone other than his former tenant, without just cause, unless three years have passed.
6. How to Evict a Tenant Due to the Need of the New Owner?
If the owner of the rented house, residence, flat or workplace changes, the old lease agreement is automatically valid with the new owner. For this reason, people who want to buy an apartment or workplace with tenants should definitely get the original lease agreement and the original eviction notice, if any, from the seller. Otherwise, it is very difficult to have information about the terms of the lease agreement and the beginning of the periods.
The Turkish Code of Obligations gives the right to evict the tenant in the event that an immovable with a tenant is purchased. Accordingly, the new owner will give a written notification to the tenant that he is the new owner of the apartment within 1 month of purchasing the apartment. If the lease agreement has a 1-year extension period of 6 months or longer, the tenant may be notified that a lawsuit will be filed after 6 months with a warning. However, if the lease renewal period is less than 6 months, there is no need to give the tenant a 6-month period. You have the right to file a lawsuit within 1 month from the end of the contract period. (We recommend that the bank account information to which the rental fees will be paid should be added to this notice.)
Let us explain this situation with an example.
For example, you bought an apartment on 15/09/2022. According to the contract between the tenant and the former owner of the flat you bought, the starting date of the lease is 01/01/2019. In this case, a written notice should be sent to the tenant until 15/10/2022 at the latest and it should be stated that the residence in question is needed and therefore it should be evicted. However, the tenant will not need to be given a period of 6 months. Because he will have the right to file a lawsuit between 02/01/2023 and 01/02/2023. If the tenant is given a 6-month period in the written warning, then the 6-month period will be expected to expire. Accordingly, the tenant can only be sued within 1 month as of 16/03/2023.
The burden of proving that the need arises from necessity in eviction cases due to the need of the new owner is on the lessor. For this reason, this requirement should be stated correctly in the warnings before the lawsuit is filed and in the lawsuit petition. Otherwise, the case will be lost.
III. 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. For more information; Landlord Tenant Attorney in Turkey Legal Service
Memduh Remzi BAL
Lawyer / Attorney in Turkey
Call Us : +90 212 909 86 34
Sen Mail : info@ballawyer.com
