COURT WITH JURISDICTION OVER EVICTION CASES
One of the most important points to consider when filing a lawsuit in court is which court has jurisdiction. The jurisdiction of courts is determined by law.
This jurisdiction relates to public order. For this reason, it is taken into account at all stages of the proceedings.
The court responsible for hearing eviction cases is specified in Article 4/1-a of the Code of Civil Procedure (HMK) (formerly Article 8/II-1 of the Code of Civil Procedure (HUMK)).
With respect to premises leased through the first non-judicial enforcement procedure dated 2004 and June 9, 1932, provided that eviction rulings are addressed in detail, all disputes and claims arising regarding the leased premises—including cases to be heard in conciliation courts related to this matter—are entirely the responsibility of the tenant. (In this regard, it makes no difference whether the tenant is the owner of movable or immovable property.)
APPROVAL HMK 5 (HUMK 9) Art.
Another important point to consider when filing a lawsuit in court is which court has jurisdiction.
Competent Court: Specifies in which local court the case will be heard.
According to Article 6 of the HMK (Article 9 of the HUMK), which defines the general rule of competent courts, the court where the defendant—whether an individual or a legal entity—resides at the time the case is filed is the competent court.
The concept of settlement mentioned in the article is determined in accordance with the provisions of the Turkish Civil Code No. 4721 dated November 22, 2001.
Since the dispute does not concern the same real property, the competent court is determined in accordance with the rules set forth in Articles 6 and 7 of the HMK (HUMK 9) and Article 10 of the HMK (HUMK 10).
According to Article 10 of the CMC, in cases arising from a contract, the action may be filed in the court where the contract is to be performed.
Accordingly, the competent court is the court where the defendant resides or where the contract is to be performed; since this is also the location of the real property, eviction cases are typically heard in the court where the real property is located.
Article 17 of the DECC provides that “Traders or legal entities who are parties to an arbitration agreement may, in a dispute that has arisen or may arise between them, confer jurisdiction on one or more courts by contract. Unless the parties agree otherwise, the action may be brought only in the courts so designated by the contract.”
According to this provision, individuals cannot establish a contract of good faith for a lease agreement they enter into among themselves.