What Are the Rights of the Lessor?
In order for the lessor to evict the tenant due to housing needs, the lease agreement must have expired.
– Termination by notice: According to the relevant provisions of the law, in residential and commercial leases, the lessor does not have the right to terminate the lease agreement before the 10-year extension period expires. After the 10-year period expires, the lessor may terminate the lease agreement without giving any reason by giving written notice at least three months before the start of the new lease year.
– Termination through legal action: The relevant legal regulations also cover terminations made by the lessor “through legal action” as follows:
1) Eviction Due to Need:
– Eviction Due to Housing Need: In order for the lessor to terminate the lease agreement due to housing need, the person or persons in need of housing must be one of the persons specified in the law.
These persons are:
– The lessor himself,
– The lessor’s spouse,
– Th e lessor’s descendants,
– The lessor’s ascendants,
– Persons whom the lessor is legally obligated to support.
– Eviction for Commercial Needs: Similarly, if the persons explicitly listed above have a “compelling, genuine, and sincere” commercial need, the lessor may terminate the lease agreement through legal proceedings.
2) Eviction for Reconstruction or Development: If the leased property requires substantial repair, expansion, or alteration for the purpose of reconstruction or development, and it is impossible to use the leased property during these works, the lessor may request the eviction of the tenant by terminating the lease agreement through legal means. Eviction lawsuits filed due to the reconstruction or redevelopment of the leased property must be filed within one month from the end of the fixed-term lease agreement, if any, or from the termination and notice period determined in accordance with the general provisions in the case of an indefinite-term agreement. These periods are considered limitation periods and are taken into account ex officio.
3) Eviction Due to the New Owner’s Need: After the lease relationship is established, if the leased property changes hands for any reason, the new owner generally becomes a party to the lease relationship. However, if the new owner or persons specified in the law are required to use the property for residential or business purposes, the eviction of the property may be requested through an eviction lawsuit filed by the new owner.
Competent and Authorized Court in Eviction Lawsuits
If the eviction lawsuit is filed through summary enforcement proceedings in accordance with the provisions of the Enforcement and Bankruptcy Law No. 2004, the competent court is the Enforcement Courts. In other eviction lawsuits, the competent court is the Civil Courts of Peace. The competent court is the court of the defendant’s domicile or the court of the place where the contract is to be performed.
How is the Tenant Evicted After the Eviction Decision is Issued?
If, at the end of the eviction case, the court decides to evict the tenant, the tenant must return the rented property to the lessor in the condition in which it was received. However, sometimes, despite the court decision, the tenant may not vacate the rented property. If the tenant does not vacate the rented property despite the court’s eviction order, the landlord can forcibly evict the tenant through enforcement proceedings based on this court order.