Ataşehir Rental Lawyer - Lease Agreements, Tenant Eviction and Rental Disputes
Rental relationships are among the most common private-law relationships encountered in everyday life. In residential and roofed workplace leases, disputes may arise between landlords and tenants concerning matters such as payment of rent, renewal of the lease agreement, eviction, security deposits, maintenance fees and ancillary expenses. In resolving these disputes, the content of the lease agreement is important, but so are the mandatory provisions of the Turkish Code of Obligations and the conduct of the parties in the particular case.
In rental law, tenant eviction, termination of lease agreements, non-payment of rent, eviction undertakings, eviction due to need and disputes concerning the rental amount are among the issues frequently encountered in practice.
Therefore, in assessments conducted within the scope of an Ataşehir rental lawyer, Istanbul rental lawyer, Ümraniye rental lawyer, Üsküdar rental lawyer, Çekmeköy rental lawyer, tenant eviction lawyer or rental law lawyer, the commencement date and duration of the agreement, rental amount, payment records, notifications between the parties and the legal nature of the asserted ground for eviction must be considered together.
What Is a Rental Lawyer?
A rental lawyer is a lawyer who works on the assessment of legal disputes arising from rental relationships between landlords and tenants and the conduct of the necessary legal proceedings.
Preparation or review of lease agreements, disputes concerning rent, tenant eviction, recovery of unpaid rent, eviction undertakings, eviction due to need and proceedings concerning termination of rental relationships are among the principal matters that may fall within rental law.
The appropriate legal procedure depends on the type of dispute and the circumstances of the particular case.
What Is a Lease Agreement?
A lease agreement is an agreement under which the landlord undertakes to allow the tenant to use property, or to use and benefit from it, while the tenant undertakes to pay the agreed rent in return.
The Turkish Code of Obligations contains specific provisions concerning residential and roofed workplace leases. Therefore, not every provision agreed by the parties can necessarily be applied without limitation.
Statutory restrictions must particularly be considered in areas such as rent increases, termination of the agreement, security deposits and eviction.
Must a Lease Agreement Be in Writing?
As a general rule, the validity of a lease agreement does not depend on it being made in writing. A rental relationship may also be established orally between the parties.
Nevertheless, a written lease agreement is highly important for proving the commencement date of the rental relationship, rental amount, payment method, security deposit, intended use of the property and other obligations of the parties.
Where a dispute arises, a written agreement may make it easier to establish the terms on which the parties agreed.
What Should Be Included in a Lease Agreement?
It may be useful for a lease agreement to clearly regulate fundamental matters such as the parties' identity and contact information, the full address of the rented property, commencement date, duration, rental amount, time and method of payment, security deposit and intended use of the property.
Matters such as responsibility for maintenance fees and ancillary expenses, the condition of fixtures located in the property and delivery conditions may also be important in preventing future disputes.
However, the mere inclusion of a provision in the agreement does not mean that it will be valid in every circumstance. The validity of contractual provisions contrary to mandatory statutory rules must be separately assessed.
What Are the Tenant's Main Obligations?
One of the tenant's principal obligations is to pay the rent at the time agreed in the lease agreement.
The tenant must also use the rented property carefully and in accordance with the agreement, show the necessary respect to neighbours and return the property in accordance with legal requirements when the rental relationship ends.
In residential and roofed workplace leases, a tenant's breach of these obligations may result in different legal consequences depending on the nature of the breach.
What Are the Landlord's Main Obligations?
The landlord is required to deliver the rented property on the agreed date in a condition suitable for the use contemplated by the agreement and to maintain it in that condition throughout the rental relationship.
The landlord must also conduct the rental relationship in accordance with the rules prescribed by law.
Statutory protections granted to tenants cannot be eliminated merely by inserting different provisions into a lease agreement.
In What Circumstances Can a Tenant Be Evicted?
Tenant eviction does not arise merely because the landlord wants the tenant to leave. For residential and roofed workplace leases, one of the statutory grounds for eviction must exist.
Non-payment of rent, a valid eviction undertaking, the residential or workplace need of the landlord or certain relatives specified by law, reconstruction and redevelopment, two justified notices and the existence of a suitable residence owned by the tenant or the tenant's spouse may, subject to specified conditions, give rise to eviction proceedings.
The requirements and applicable time limits differ for each ground of eviction.
Can a Tenant Who Does Not Pay Rent Be Evicted?
Failure by the tenant to pay rent may allow the landlord, subject to the statutory conditions, to pursue legal remedies for termination and eviction.
However, where rent is unpaid, the applicable periods to be granted to the tenant and the contents of required notifications are important.
In residential and roofed workplace leases, proceedings based on non-payment must comply with the applicable legal requirements.
Recovery of unpaid rent and a claim for eviction may also arise in connection with the same dispute.
What Is an Eviction Undertaking?
An eviction undertaking is a written document in which the tenant undertakes to vacate the rented property on a specified date.
For an eviction undertaking to produce legal consequences under the Turkish Code of Obligations, certain conditions must be satisfied. In particular, it is important that the undertaking be given after delivery of the rented property and that a specific eviction date be stated.
Where the validity of an eviction undertaking is disputed, the date of execution, contents of the document and circumstances under which it was signed must be separately assessed.
Is an Eviction Undertaking Signed on the Same Day as the Lease Agreement Valid?
One of the important requirements for the validity of an eviction undertaking is that it must be given after delivery of the rented property.
The purpose of this requirement is to prevent tenants from being compelled to provide an eviction undertaking before taking possession simply in order to establish the rental relationship.
Accordingly, the legal validity of eviction undertakings alleged to have been executed simultaneously with the lease agreement or before delivery may become disputed.
The true date on which the document was executed and the parties' allegations must be assessed together with the evidence in the particular case.
How Is Eviction Based on an Eviction Undertaking Carried Out?
Where a valid written eviction undertaking exists but the tenant does not vacate the property on the promised date, the landlord may pursue the legal remedies available within the statutory period.
Compliance with the applicable time limits is important in proceedings based on an eviction undertaking.
Disputes concerning the validity of the document, objections to the signature and the circumstances in which the undertaking was executed may affect the proceedings.
What Is an Eviction Action Based on Need?
The residential or workplace need of the landlord, the landlord's spouse, descendants, ascendants or other persons whom the landlord is legally obliged to support may constitute a ground for eviction where the statutory conditions are satisfied.
The asserted need must be genuine and sincere.
An apparent need asserted merely to remove the tenant or find another tenant willing to pay higher rent must be distinguished from a genuine need.
The court assesses the nature of the need and the circumstances of the particular case.
Can a Landlord Evict a Tenant in Order to Move Into the Property?
A landlord's intention to use the rented property for their own residential need may constitute grounds for an eviction action where the applicable conditions are satisfied.
However, merely stating “I want to live in my own property” does not automatically result in eviction in every case.
The need must be genuine, sincere and existing, and the statutory periods for bringing proceedings must be observed.
Can a Tenant Be Evicted Due to the Landlord's Child's Need?
The residential or workplace need of a landlord's descendants may also fall within the statutory grounds for eviction based on need.
For example, where the landlord's child genuinely needs to reside in the rented property, eviction proceedings may be brought if the statutory conditions are satisfied.
The genuineness and sincerity of the asserted need are assessed according to the circumstances.
Can a New Owner Evict the Tenant?
Sale of the rented property does not automatically terminate an existing lease agreement.
As a general rule, the new owner becomes a party to the existing lease. However, where the new owner or certain relatives specified by law have a genuine and sincere need for the property, eviction may be requested subject to the special conditions regulated under the Turkish Code of Obligations.
Correctly observing the applicable notification and litigation periods is particularly important for a new owner.
Must the Tenant Leave Immediately If the Property Is Sold?
No.
Transfer of ownership of the rented property to another person does not mean that the tenant must immediately vacate it.
The new owner becomes a party to the existing rental relationship. For eviction to be requested, one of the statutory grounds for eviction and the relevant requirements must exist.
Therefore, the general assumption that “the property has been sold, so the tenant must immediately leave” is legally incorrect.
What Is Eviction Based on Two Justified Notices?
Where a tenant causes two justified notices to be served because rent was not paid on time within the same rental year, this may constitute grounds for an eviction action if the other statutory requirements are also satisfied.
What matters is not merely the existence of two notices but also the rental periods to which they relate, whether they were justified and whether proceedings were brought within the statutory time limits.
Payment dates and notification documents must therefore be carefully examined in eviction proceedings based on two justified notices.
Is Eviction Possible After a Ten-Year Extension Period?
In fixed-term residential and roofed workplace leases, the agreement may continue under the same conditions unless the tenant provides notice within the applicable period before expiry. As a general rule, the landlord cannot terminate the agreement merely because the contractual term has expired.
However, after completion of the ten-year extension period, the Turkish Code of Obligations permits the landlord to terminate the agreement without providing a specific reason, provided that the statutory notification requirements are observed.
Correctly calculating the commencement date and extension periods of the lease is therefore important.
Is Eviction Possible If the Tenant or the Tenant's Spouse Owns Another Residence?
The Turkish Code of Obligations also regulates, subject to specific conditions, the existence of a suitable residence owned by the tenant or the tenant's spouse within the boundaries of the same district or municipality as a possible ground for eviction.
However, the specific statutory conditions must be satisfied before this ground can be relied upon.
Whether the landlord knew of the existence of the residence when the lease agreement was entered into is also important to the legal assessment.
What Is Eviction Due to Reconstruction and Redevelopment?
Where the rented property requires substantial repair, enlargement or alteration for reconstruction or redevelopment and use of the property is impossible while those works are carried out, eviction may arise subject to the statutory conditions.
Not every repair or renovation is sufficient to establish this ground for eviction.
The nature of the work and its effect on the ability to use the rented property are assessed in the particular case.
How Long Does a Tenant Eviction Case Take?
It is not possible to provide a fixed duration applicable to every tenant eviction case.
The legal basis of the action, the court's workload, the parties' evidence, service procedures, whether expert examination or an on-site inspection is required and appellate proceedings may all affect the duration.
Definitive time estimates found online should therefore not be regarded as applicable to every case.
What Are the Costs of a Tenant Eviction Case?
Court fees, service expenses and other litigation costs depending on the nature of the case may arise in eviction proceedings.
At the conclusion of proceedings, the court determines which party will bear litigation costs according to the outcome.
A lawyer's professional fee is separate from litigation expenses and statutory opposing counsel fees and is determined according to the scope of the legal services relationship between lawyer and client.
Accordingly, tenant eviction litigation costs are not identical in every case.
Is Mediation Mandatory in Rental Disputes?
For a significant proportion of disputes arising from rental relationships, applying to a mediator before filing a lawsuit is a procedural prerequisite.
However, not every process arising from a rental relationship is subject to the same procedure. In particular, provisions concerning eviction through enforcement proceedings without a judgment must be separately considered.
It is therefore necessary to identify whether the dispute concerns rent, eviction, the lease agreement or another rental-law issue and determine whether mandatory mediation applies.
What Happens If No Agreement Is Reached in Mediation?
Where the parties fail to reach an agreement in a rental dispute subject to mandatory mediation, a final mediation report is issued.
If the other statutory conditions are also satisfied, the relevant proceedings may then be brought before the court.
Failure to reach an agreement in mediation does not mean that either party has legally abandoned their claims in the underlying dispute.
Which Court Has Jurisdiction Over Rental Disputes?
Except for statutory exceptions, the court with subject-matter jurisdiction over disputes arising from rental relationships is generally the civil court of peace.
However, certain procedures may also be conducted under enforcement law depending on the nature of the dispute.
Therefore, when determining the competent authority, consideration must be given not merely to the fact that the parties are landlord and tenant but also to the legal nature of the relief sought.
What Evidence Is Used in Rental Disputes?
Depending on the nature of the rental dispute, the lease agreement, bank payment records, eviction undertaking, formal notices, service documents, land-registry records, messages and other lawfully obtained evidence may be important.
Bank records and payment documents are particularly relevant in disputes concerning whether rent has been paid, while the eviction undertaking itself and the circumstances of its execution are important in disputes based on such an undertaking.
In eviction actions based on need, facts demonstrating whether the asserted need is genuine and sincere may be assessed.
Can a Landlord Remove a Tenant From the Property by Their Own Means?
No.
Rather than removing the tenant's belongings, changing the locks or unlawfully preventing the tenant from accessing the rented property, the landlord must use the legal procedures prescribed for eviction.
Where a ground for eviction is believed to exist, the relevant court or enforcement procedure must be pursued lawfully.
The existence of a right to seek eviction does not give the landlord authority to forcibly remove the tenant through their own actions.
What Can Be Done If the Tenant Does Not Vacate the Property?
Where the tenant does not vacate the property despite the conditions arising from the agreement or the law, court or enforcement proceedings may be pursued depending on the ground for eviction.
The appropriate method may differ according to whether the issue concerns unpaid rent, an eviction undertaking, need or another statutory ground.
Correctly identifying the legal basis before commencing eviction proceedings is therefore important.
What Does a Tenant Eviction Lawyer Do?
A tenant eviction lawyer assesses the legal requirements of the asserted eviction ground from the perspective of either landlord or tenant, reviews formal notices and other notification procedures, determines whether mandatory mediation applies and, where necessary, conducts court or enforcement proceedings.
From the tenant's perspective, the lawyer may assess whether the asserted ground for eviction has actually arisen, whether applicable periods have been correctly observed and what legal objections may be raised against the eviction request.
Legal assessment is therefore important not only for the party seeking eviction but also for the tenant.
Rental and Tenant Eviction Proceedings in Ataşehir
Due to the concentration of residential and commercial leases in Ataşehir, disputes may arise concerning rent, eviction, termination of lease agreements, eviction undertakings and eviction based on need.
Because statutory time limits are particularly important in rental law, the commencement date of the agreement, notices, payment records and any eviction undertaking should be considered together as soon as a dispute arises.
Therefore, within the scope of an Ataşehir rental lawyer, Istanbul rental lawyer, Ümraniye rental lawyer, Üsküdar rental lawyer, Çekmeköy rental lawyer, tenant eviction lawyer or rental law lawyer, each dispute should be assessed according to its own circumstances.
Ataşehir Rental Lawyer Assistance
Legal assistance concerning rental law may include preparation and review of lease agreements, assessment of rental receivables, management of formal notice procedures, examination of the legal validity of eviction undertakings, eviction due to need, eviction based on two justified notices, eviction due to the new owner's need, mediation in rental disputes and conduct of court proceedings.
From the tenant's perspective, it may involve examining the legal basis of an eviction request, assessing payment records, evaluating objections concerning eviction undertakings alleged to be invalid and protecting other rights arising from the rental relationship.
Conclusion
Rental law is a broad area covering numerous legal matters from the establishment of the relationship between tenant and landlord through its termination. Preparation of lease agreements, payment of rent, eviction undertakings, eviction based on need, the new owner's need, two justified notices and termination of the lease are among the important disputes arising in this field.
A landlord's desire to remove the tenant is not by itself sufficient for eviction. One of the statutory grounds for eviction must exist and the applicable procedural requirements and time limits must be observed.
Likewise, tenants have obligations including timely payment of rent and use of the property in accordance with the lease agreement. A breach by either party may, depending on its nature, result in legal consequences concerning rental receivables, termination or eviction.
Procedural matters such as mandatory mediation, the court with subject-matter jurisdiction, notice periods, the validity of an eviction undertaking and proof of the asserted eviction ground may also significantly affect the outcome of a rental dispute.
Accordingly, matters concerning a rental lawyer, tenant eviction lawyer, lease agreement, tenant eviction action, tenant eviction litigation costs, duration of tenant eviction proceedings, eviction undertaking, Ataşehir rental lawyer, Istanbul rental lawyer, Ümraniye rental lawyer, Üsküdar rental lawyer and Çekmeköy rental lawyer should be assessed according to the particular circumstances of each rental relationship.