EVICTION IN LEASE AGREEMENTS GOVERNED BY GENERAL PROVISIONS
1-Eviction due to late payment
2-Eviction due to breach of contract
3-Eviction due to the expiration of fixed-term leases
4-Eviction in leases of indefinite duration
1-Due to Tenant Default
If the tenant fails to pay the rent or ancillary expenses due after the property has been delivered, the landlord may provide the tenant with a written notice specifying a period of time and stating that the contract will be terminated if the tenant fails to fulfill their obligations within that period.
The grace period granted to the tenant must be at least ten days for residential leases and at least thirty days for commercial leases. This period begins on the day following the date the written notice is served to the tenant.
The right to file a lawsuit is granted to the landlord, the person who did not lease the property, and the person who has taken over the property (the new owner).
Notice: In lease agreements subject to General Provisions, regarding the payment of the requested rent,
The payment period to be granted to the tenant is at least 10 days.
At least thirty days for residential and commercial property leases
The product rental period is at least 60 days. Th e periods begin to run from the day following the date the written notice is served.
The notice must be issued after the expected payment date. There is no need to wait for the lease term to expire.
2- Careful Use and Respect for Neighbors
(Breach of Contract) The tenant is obligated to act with due care toward the landlord in accordance with the contract and to show respect to other occupants of the property and neighbors. If the tenant breaches these obligations, the landlord must notify the tenant in writing at least 30 days in advance that the contract will be terminated in the case of residential and commercial property leases. In other lease relationships, the landlord may terminate the contract immediately by providing written notice to the tenant without prior notice.
If the tenant intentionally causes severe and significant damage, and the period granted to the tenant is wasted, or if the tenant’s conduct in violation of this obligation becomes intolerable from the perspective of the landlord or persons residing in a separate property and neighbors, the landlord may terminate the contract immediately by written notice.
This article states that in cases where residential and enclosed commercial space leases violate the law, rent must be paid for a minimum of 30 days.
In lease agreements other than residential and enclosed commercial spaces, the contract may be terminated with a written notice without specifying a timeframe in the event of a breach of contract terms.
Termination of the lease agreement due to the tenant’s misuse of common areas is only possible in residential and enclosed commercial space leases; in other contracts, termination of the lease agreement due to misuse of common areas is not provided for.
3-Termination of the Lease Agreement
Eviction Situation: Upon the Expiration of the Term
If a term is explicitly or implicitly specified, the lease agreement automatically terminates at the end of that term. If the parties continue the tenancy relationship without a clear agreement in this situation, the lease agreement becomes an indefinite contract.
-The landlord may, within one month of the contract’s expiration, seek the tenant’s eviction through enforcement proceedings due to the expiration of the term. At the same time, the Land Registry Office may also file a lawsuit to request eviction.
-If the landlord issues a notice during the lease term or the notice period stating that the lease agreement will not be renewed, the lease agreement will not be renewed as an indefinite-term lease, and the landlord may file a lawsuit at any time.
4-Eviction Lawsuits Filed Due to Notice of Termination in Indefinite-Term Lease Agreements
In an indefinite-term lease agreement, unless the parties have agreed on a longer notice period or a different termination period, either party may terminate the agreement in accordance with the statutory notice periods and termination periods.
Termination periods also depend on the start date of the lease agreement. If the termination period or notice period specified in the agreement or by law is not followed, the notice will be valid for the next termination period.
Termination of the agreement may be initiated by either party. The landlord may terminate the agreement by following the tenant’s notice period.
In lawsuits filed due to a notice of termination, no justification is required. Furthermore, it is not subject to the other party’s consent.
-If a lawsuit is filed within the notice period prescribed for the termination of the lease agreement, the lawsuit is accepted without the need to specify another reason.
In Leases of Real Property and Movable Structures
Eviction Due to Notice of Termination
Either party may terminate a lease agreement regarding movable property or a movable structure within a three-month notice period following the expiration of the lease term specified in local legislation, or within a six-month notice period if such legislation does not exist.
Eviction Due to Extraordinary Termination:
Eviction for Good Cause
Either party may terminate the lease at any time, provided there are compelling reasons that make the continuation of the lease relationship intolerable for them, in accordance with the statutory notice period for termination.
The judge also determines the financial consequences of the extraordinary notice of termination, taking into account the circumstances and conditions.