Eviction Cases
In our law, the necessary conditions for the lessor to file an eviction lawsuit are regulated in detail in the Turkish Code of Obligations numbered (6098) and the Execution and Bankruptcy Code numbered 2004.
EVICTION ACCORDING TO THE TURKISH CODE OF OBLIGATIONS
The provisions regarding the termination of the lease agreement are 331 to 356 of the Turkish Code of Obligations numbered (6098). Deconstructed between the items. Among them; Decertification by notification, termination by lawsuit and states of emergency are regulated under the main headings.
TERMINATION OF THE RENTAL AGREEMENT WITH NOTICE AFTER THE TEN-YEAR EXTENSION OF THE LESSOR
347 of the Turkish Code of Obligations No. 6098 entitled “Termination of the Contract for Residential and Roofed Workplace Leases / With Notification / General”. according to the article
“In residential and roofed workplace leases, the contract is considered to have been extended for 1 year with the same conditions, unless the tenant notifies at least fifteen days before the expiration of the term in fixed-term contracts. The lessor cannot terminate the contract based on the expiration of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that he notifies at least three months before the end of each extension year following this period.
In indefinite-term lease agreements, the tenant may terminate the contract at any time; the lessor may terminate the contract by notifying the termination in accordance with the general provisions after ten years from the beginning of the lease.
In cases where the right of termination can be exercised according to the general provisions, the lessor or the lessee may terminate the contract.
-Fixed-term residential and workplace tenants. The lessee may terminate the contract by giving notice at least fifteen days before the expiry of the period for fixed-term contracts. Renter. If the tenant does not make this notification, the contract is considered to have been extended for one year under the same conditions. Agreement.
However, the lessor who cannot terminate the contract based on the expiration of the term, at the end of the ten-year extension period, provided that he notifies at least 3 months before the end of each extension year following this period. He can terminate the contract without giving any reason. However, although a 3-month period is stipulated for notification in the law, the Supreme Court determines this period by taking into account the date of notification to the other party. The date of notification to the other party is determined by taking into account. Therefore, even if the notification is less than 3 months, it is considered that the termination notification period has not been complied with.
For example, a 1-year lease agreement. If the contract was concluded on 01/02/2018, the year will expire on 31/01/2028, the end of the extension year will be able to terminate the contract by notifying 3 months before the date of 31/01/2029 at the latest.
In indefinite-term lease agreements, the lessee may terminate the contract at any time, and the lessor may terminate the contract by notifying the termination in accordance with the general provisions after ten years from the beginning of the lease.
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