In residential and workplace rentals, the owner of the immovable leaves the lessor the right to use the immovable and to benefit from the immovable to the lessee. In return, the lessee undertakes to periodically pay a price to the lessor. The lease agreement can be understood as fixed-term or indefinite-term.
The rental agreement includes the rental price, payment dates, increase rates and the duration of the agreement. Well, under what conditions does tenant eviction take place and how is tenant eviction done?
Termination of Lease Agreement
As a rule, the lease agreement expires at the end of the period. However, if the tenant does not make a statement regarding the evacuation of the leased property or makes a statement regarding the continuation of the rental agreement, it is accepted that the agreement continues for 1 more rental period with the same conditions.
According to the Turkish Code of Obligations, if the lessee declares that he will evacuate the immovable and terminate the contract, while there are at least 15 days before the end of the contract, the contract will be terminated. As a rule, the lessor does not have the right to evict the tenant from the house upon the expiry of the contract.
The lessor has the right to remove the lessee from the immovable in the presence of certain conditions.
10-Year Tenant’s Eviction
It is possible for the tenant to leave the immovable by terminating the lease 15 days before the expiry date of the lease agreement. In order for the lessor to exercise this right, the lease agreement must have been renewed 10 times since its first expiration and must be terminated in the year following the end of the 10th renewal.
If we explain with an example; If a 2-year lease agreement has been concluded between the parties, it must be renewed 10 times at the end of these 2 years, that is, 10 years must pass. In the example, the lessor’s right to terminate a 2-year lease is only possible if at least 13 years have passed since the conclusion of the contract.
Evacuation Due to Need:
It is possible for an immovable to be evacuated due to the need of the lessor himself, his spouse’s descendants, descendants or another dependent. The lessor, who evacuates the tenant on the basis of necessity, is obliged to use the immovable for 3 years following the eviction, or to have it used by reason of necessity, and cannot rent it to another person. If there is no longer a need, the lessor is obliged to inform the lessee that he wishes to lease the immovable again. The owner of the immovable property, who does not notify and leases the immovable to someone else, is obliged to pay the former tenant at least 1 year’s rent, which will be calculated over the last rent, as compensation.
Evacuation Due to Reconstruction and Zoning
This right can be exercised with a written notice to the tenant 1 month in advance, if major repairs and construction are required in the leased immovable and if the tenant’s presence in the immovable becomes unbearable during this process. The owner of the immovable who wants to re-lease the immovable after the completion of the repair process has to apply to the former tenant first, otherwise he has to pay the former tenant the 1-year rental fee, which will be calculated over the last rent, as compensation.
Eviction for Non-Payment of Rent
If the lessee has not paid the rent in the current contract period and the lessor has issued 2 justifiable warnings for payment in the same period, he may request the eviction of the tenant.
In order for the warnings to be justified, the warnings must be sent after the rental price is due, but when the rental price has not yet been paid. If the tenant has delayed the rental fee, but the lessor has sent a warning to him after paying the rental price, this warning will not be justified.
The notice must be sent for the rental price of the current month. While the rents for April and May have not been paid, the warning can only be sent for the month of May. The warning sent for the month of April will be unfair.
Evacuation Due to Change of Owner of the Leased Property
The Turkish Code of Obligations has introduced provisions that protect the tenant as a rule. In case the owner of the leased property changes, the side of the lease agreement will be changed and the contract will continue with the new owner. However, the new owner who buys the immovable will be able to evict the tenant due to the need.
Evacuation of the Immovable Leased by Execution without Judgment
If the lessee does not fulfill his obligation to pay the rent, the lessor may initiate an enforcement proceeding by applying to the enforcement offices within the scope of the Enforcement and Bankruptcy Law. The tenant, who does not pay the rent debt accumulated with the payment order sent to the tenant within 30 days, will be evicted from the immovable.
You can get detailed consultancy services on real estate law by contacting the real estate lawyer of our law firm.