Evicting a tenant from a rented property can be a complex process with various legal grounds under the Turkish Code of Obligations. Whether you're a landlord seeking to regain possession of your property or a tenant facing eviction, understanding your rights and obligations is crucial. In this article, we delve into the various reasons for eviction, the legal process involved, and the rights of both landlords and tenants.
Grounds for Evicting a Tenant in Turkey
Personal or Family Housing Needs Landlords have the right to terminate a tenancy if they, their spouse, children, or dependants genuinely need the property for personal housing. The landlord must prove that this need is sincere and not a pretext to evict the tenant.
Business Needs of the Landlord If the landlord or their family requires the rented premises for a business purpose, they can seek eviction on these grounds. The business need must be legitimate and persisting throughout the legal process.
New Owner’s Requirement When a property changes ownership, the new owner may evict the tenant if they or their immediate family need the property for personal or business use. Again, the need must be genuine.
Significant Renovation or Reconstruction A landlord may evict a tenant if the property needs substantial renovation or reconstruction, rendering it unusable during the process. The eviction must be justified by the extent of the planned works.
Written Eviction Commitment If a tenant has provided a written commitment to vacate the property by a specific date and fails to do so, the landlord can initiate eviction proceedings without further notice.
Non-Payment of Rent If a tenant repeatedly fails to pay rent on time, the landlord can serve two formal notices. If the issue persists, the landlord has the right to terminate the tenancy. The notices must clearly specify the overdue rent periods.
Tenant’s Ownership of Another Suitable Property If the tenant or their spouse owns another habitable property in the same district, the landlord may seek eviction, provided they were unaware of this ownership at the time of signing the lease.
Completion of a 10-Year Lease Term After ten years of continuous tenancy, a landlord can terminate the lease without needing to justify the decision.
Breach of Contract Any significant breach of the lease agreement by the tenant, such as damaging the property or subletting without permission, can lead to eviction.
Bankruptcy of the Tenant If a tenant declares bankruptcy and fails to provide adequate security for the rent, the landlord may terminate the lease.
Eviction Due to Exceptional Circumstances The landlord can terminate the tenancy if extraordinary circumstances make it unbearable to continue the lease. The court will consider the fault of the parties involved when making its decision.
Tenant’s Failure to Vacate: Legal Recourse
If a tenant refuses to vacate the property after the lease term or fails to honour an eviction notice, the landlord can pursue legal action. The Turkish Code of Obligations allows the landlord to file for eviction through the courts. During the proceedings, the landlord must provide evidence of the eviction grounds.
What Happens if a Tenant Leaves During Eviction Proceedings?
If the tenant vacates the property before the court reaches a decision, the eviction case does not automatically close. The landlord must inform the court of the tenant’s departure, and the judge will decide whether the case should be dismissed or if a ruling on legal costs is required.
Eviction Order: What It Means
An eviction order is the court’s final decision that a tenant must vacate the property. Once issued, the landlord can enforce the order through legal channels, including seeking assistance from the enforcement office to remove the tenant if necessary. Landlord’s Guide to Tenant Eviction in Turkey
Tenant Refuses to Vacate Despite an Eviction Agreement
In cases where a tenant has signed an eviction agreement but refuses to leave, the landlord can either initiate eviction proceedings or enforce the eviction through legal means. A written eviction commitment is binding and enforceable under Turkish law.
Does the Eviction Case Conclude in the First Hearing?
The duration of an eviction case can vary depending on several factors, including the complexity of the case and court backlog. While some cases may conclude in the first hearing, it is not uncommon for cases to span multiple hearings, especially if additional evidence or expert opinions are required.
How Long Does an Eviction Case Take?
On average, eviction cases in Turkey can last anywhere from four months to three years, depending on the specifics of the case and the court’s schedule.
Can a Landlord Evict a Tenant Who Regularly Pays Rent?
Even if a tenant pays rent on time, they may still be evicted if the landlord has legitimate reasons such as personal need, renovation, or a written eviction commitment. Turkish law provides landlords with several grounds for eviction beyond non-payment of rent.
Can a Tenant Sue a Landlord for Unjust Eviction?
If a landlord initiates an eviction without just cause, the tenant may file a lawsuit for damages resulting from the wrongful eviction. This includes cases where the property is not used for the stated reason within three years of the eviction, as outlined in the Turkish Code of Obligations.
Eviction Case Costs
The costs of an eviction case, including court fees and legal expenses, are initially borne by the landlord. However, if the court rules in favour of the landlord, these costs may be recovered from the tenant.
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Disclaimer: This article is intended for informational purposes only and does not constitute legal advice.