Çekmeköy Rental Lawyer - Tenant Eviction Lawsuit: Conditions, Process and Grounds for Eviction

Çekmeköy Rental Lawyer - Tenant Eviction Lawsuit: Conditions, Process and Grounds for Eviction In residential and roofed workplace leases, eviction of a tenant is not a process that occurs merely because the landlord wishes to terminate the agreement. The Turkish Code of Obligations regulates in detail the grounds on which a tenant may be evicted and the periods, notices and procedural requirements applicable to those grounds. Eviction may arise in circumstances such as the tenant's failure to pay rent, provision of a valid written eviction undertaking, causing two justified notices within the same rental year, the landlord's or new owner's need for the residence or workplace, or the impossibility of using the property because of reconstruction or substantial renovation. However, the conditions and periods for filing proceedings differ for each ground of eviction. Therefore, in assessments made within the scope of a Çekmeköy rental lawyer, Istanbul rental lawyer, tenant eviction lawyer, rental law lawyer or tenant lawyer, the lease agreement, ground for eviction, notices, payment records and statutory periods should be examined together. What Is a Tenant Eviction Lawsuit? A tenant eviction lawsuit is an action brought to obtain the tenant's vacation of the leased property where one of the statutory grounds for eviction has arisen. In residential and roofed workplace leases, the landlord's right to evict is not unlimited. The landlord must rely on one of the grounds provided by law and comply with the procedures and periods applicable to that particular ground. Accordingly, the mere existence of a lease agreement or the landlord's desire to recover the property is not sufficient for eviction in every case. In What Circumstances Can a Tenant Be Evicted? Eviction in residential and roofed workplace leases may be based on different legal grounds. In practice, eviction disputes may particularly involve: failure to pay rent, a written eviction undertaking, two justified notices within one rental year, the landlord's need for a residence or workplace, the new owner's need for a residence or workplace, reconstruction or redevelopment, the tenant or the tenant's spouse having a suitable residence within the same district or municipal boundaries, completion of the statutory extension period in fixed-term leases. Since separate conditions apply to each ground of eviction, correctly determining the legal basis applicable to the particular case is important. Eviction Due to Non-Payment of Rent One of the tenant's fundamental obligations is to pay the rent at the time agreed in the contract. Where the tenant fails to pay the rent, the landlord may, subject to the statutory conditions, provide the tenant with a written period for payment and state that the agreement will be terminated if payment is not made within that period. For residential and roofed workplace leases, the special provisions of the Turkish Code of Obligations concerning the payment period must be considered. Depending on the circumstances, legal remedies under enforcement law may also be available alongside an eviction action based on non-payment of rent. Can a Tenant Be Immediately Evicted for Failing to Pay One Month's Rent? No. Although failure to pay rent provides the landlord with legal remedies, the tenant cannot simply be removed from the property without following a legal process. The applicable procedure may vary depending on the legal remedy selected by the landlord and the circumstances of the case. Statutory periods must be carefully followed in procedures involving payment notices, enforcement proceedings and eviction claims. What Is Eviction Based on Two Justified Notices? Article 352 of the Turkish Code of Obligations regulates as a specific ground for eviction the situation where the tenant causes two justified written notices because of failure to pay rent on time within one rental year or the relevant statutory period. The important issue is not merely that the tenant had rent arrears in the past. The notices must be justified, must occur within the relevant period and the action must be brought within the statutory time limit. Even where the tenant pays the rent after receiving the notice, the justified notice may still require separate assessment for the purposes of eviction based on two justified notices. Must the Two Justified Notices Occur Within the Same Rental Year? For fixed-term leases, the two justified notices must occur within the same rental year. For leases longer than one year or indefinite-term leases, the relevant statutory period must be separately calculated. Notices issued in different rental periods should therefore not automatically be combined to establish a ground for eviction based on two justified notices. What Is a Written Eviction Undertaking? A written eviction undertaking is a written commitment by the tenant to vacate the leased property on a specified date. Under Article 352 of the Turkish Code of Obligations, it is important that the eviction undertaking is given after delivery of the leased property. If the tenant does not vacate the property on the stated date despite a valid undertaking, the landlord may initiate enforcement proceedings or bring an action within the statutory period. Is an Eviction Undertaking Signed on the Same Day as the Lease Agreement Valid? For the validity of an eviction undertaking, the law specifically requires that it be given after delivery of the leased property. Accordingly, the dates on which the lease relationship was established, the property was delivered and the eviction undertaking was given may become disputed. The date appearing on the document, the circumstances in which it was prepared and the parties' allegations should be assessed together. Must an Eviction Undertaking Contain a Date? It must be possible to determine from the undertaking the date on which the tenant has committed to vacate the property. Disputes frequently arise in practice concerning the date of execution and the date of eviction. Allegations that the document was subsequently completed, signed blank or affected by a defect of consent are assessed according to the evidence in the particular case. When Must an Action Based on an Eviction Undertaking Be Filed? Where the tenant fails to vacate the property on the date specified in a valid written eviction undertaking, the landlord may terminate the lease by initiating enforcement proceedings or filing an action within the one-month period prescribed by Article 352 of the Turkish Code of Obligations. The existence of the undertaking is therefore not sufficient by itself; the statutory period following the agreed eviction date must also be observed. What Is Eviction Due to Need? Where the landlord has a compulsory need to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants or persons whom they are legally obliged to support, an eviction action based on need may arise. Under Article 350 of the Turkish Code of Obligations, the need must be genuine, sincere and compulsory. A general statement such as “I want to use the property” may not be sufficient by itself. The nature of the need is assessed according to the circumstances of the case. What Are the Conditions for Eviction Due to Residential Need? For eviction based on residential need, it is important that the need be genuine and sincere. The residential need of the landlord or the relatives specified by law, current living circumstances, availability of other residences and the continuity of the alleged need may be considered in the dispute. Not every claim of need automatically results in an eviction decision. Can a Tenant Be Evicted Due to Workplace Need? Yes. Where the statutory conditions exist, the landlord may also seek eviction based on the workplace need of themselves or the relatives specified by law. Again, the need must be genuine, sincere and compulsory. The nature of the business need, the activity intended to be carried out and existing business circumstances may be considered in the particular dispute. Can a New Owner Evict the Tenant? Sale of the leased property does not automatically terminate the existing lease agreement. However, where the new owner who subsequently acquires the property has a residential or workplace need for themselves, their spouse, descendants, ascendants or persons whom they are legally obliged to support, eviction may arise under Article 351 of the Turkish Code of Obligations. The new owner must comply with the statutory notice and filing periods in order to exercise this right. When Must the New Owner Notify the Tenant? Provided that the new owner notifies the tenant in writing within one month from the date of acquisition, the new owner may terminate the lease by filing an action six months after the acquisition date. Alternatively, the new owner may exercise the right to seek eviction based on need by filing an action within one month following the end of the lease period. The purchase date, notification date and expiry date of the lease must therefore be considered together. Must a Tenant Immediately Leave If the Property Is Sold? No. Sale of the leased property does not automatically terminate the lease, and the tenant does not have to immediately vacate merely because ownership has changed. The new owner becomes a party to the lease relationship. If eviction is sought, a statutory ground for eviction must exist and the relevant procedure must be followed. What Is Eviction Due to Reconstruction and Redevelopment? Eviction may arise where the leased property must be substantially repaired, enlarged or altered for reconstruction or redevelopment and use of the property becomes impossible during those works. Article 350 of the Turkish Code of Obligations regulates this situation among the grounds of termination arising from the landlord. Minor renovations or works that do not prevent the tenant from using the property may not be sufficient in every case to establish this ground for eviction. Can a Tenant Be Evicted Due to Renovation? Not every renovation constitutes a ground for eviction. For eviction, there must be reconstruction or substantial repair, enlargement or alteration, and the use of the leased property must be impossible during the work. The nature and extent of the proposed works are therefore important. Can a Landlord Seek Eviction Due to Need If They Own Another Property? The landlord's ownership of other properties may be relevant when assessing the alleged need, but it does not automatically mean that the action must be dismissed. Whether the other property is suitable to satisfy the need, its location, whether it can actually be used and the characteristics of the alleged need should be considered together. The fundamental criterion in need-based eviction proceedings is whether the need is genuine, sincere and compulsory. Can a Tenant Be Evicted If They Own Their Own Home? Article 352 of the Turkish Code of Obligations also regulates, subject to certain conditions, the existence of a suitable residence belonging to the tenant or the tenant's cohabiting spouse within the same district or municipal boundaries as a ground for eviction. For this provision to apply, the landlord must not have known of the existence of that residence when the lease agreement was concluded. Where the conditions exist, the landlord may terminate the agreement by filing an action within one month following the end of the lease. Is a Home Owned by the Tenant in Another City a Ground for Eviction? The statutory rule concerns a suitable residence belonging to the tenant or the tenant's cohabiting spouse within the same district or municipal boundaries. Accordingly, ownership of a residence in another city or outside the geographical scope specified by law does not automatically trigger the same provision. Can the Tenant Be Evicted When the Lease Term Expires? In residential and roofed workplace leases, expiry of a fixed-term lease does not generally give the landlord a right to evict solely on that basis. Unless the tenant gives notice at least fifteen days before the end of the fixed term, the agreement is deemed extended for one year under the same conditions. The landlord cannot terminate the agreement merely because the contractual term has expired. However, after completion of the statutory extension period, the landlord's right to terminate without stating a reason may arise. Can a Tenant of 10 Years Be Evicted? Under Article 347 of the Turkish Code of Obligations, following completion of the ten-year extension period in fixed-term residential and roofed workplace leases, the landlord may terminate the agreement without stating any reason, provided that notice is given at least three months before the end of each subsequent extension year. When calculating the “10 years,” the starting date of the lease and the statutory extension periods must be correctly determined. It is therefore not always sufficient merely to establish that the tenant has physically occupied the property for ten years. Can a Landlord Evict a Tenant Without Cause? As a general rule, a landlord cannot evict a tenant in a residential or roofed workplace lease at any time without providing a statutory basis. One of the significant exceptions is termination without cause after completion of the ten-year extension period, provided that the notice requirements under Article 347 are satisfied. Can the Property Be Rented to Someone Else After Eviction Due to Need? The Turkish Code of Obligations imposes certain restrictions on reletting after eviction based on need or reconstruction and redevelopment. Where the property has been vacated due to need, the landlord cannot, without justified reason, rent it to someone other than the former tenant within the statutory period. For properties vacated due to reconstruction or redevelopment, the former tenant's statutory priority right may also arise when the property is rented again. Accordingly, the way in which the property is used after an eviction based on need may have separate legal consequences. Is Mediation Mandatory in an Eviction Lawsuit? For a significant portion of disputes arising from lease relationships, applying to mediation before filing a lawsuit is a procedural prerequisite. As a result of the amendment introduced by Law No. 7445, since 1 September 2023, disputes arising from lease relationships have generally been subject to mandatory pre-action mediation, except for provisions concerning eviction through non-judgment enforcement proceedings. Accordingly, before bringing a need-based eviction action, an action based on an eviction undertaking or another lease dispute, it should be determined whether the particular dispute falls within mandatory mediation. What Happens If an Eviction Lawsuit Is Filed Without Applying to Mediation? Where the dispute falls within mandatory mediation, the mediation process must be completed before the action is filed. Failure to satisfy this procedural requirement may have significant procedural consequences. Accordingly, in addition to identifying the ground for eviction, the procedural prerequisites that must be completed before litigation should also be correctly determined. What Evidence May Be Used in an Eviction Lawsuit? The evidence that may be used depends on the ground for eviction. In particular: the lease agreement, written eviction undertaking, notarial notices, bank payment records, enforcement files, title records, civil registry records, documents supporting the alleged need, construction and renovation documents, witness statements where appropriate may be relevant depending on the nature of the dispute. The necessary evidence should be determined according to the specific ground on which eviction is sought. Can WhatsApp Messages Be Evidence in an Eviction Lawsuit? Correspondence between the parties may, depending on the dispute, be submitted as evidence concerning the lease relationship, payment, eviction date or statements made by the parties. However, the legal value of electronic correspondence is assessed according to its content, connection with the parties, method of acquisition and consistency with other evidence. Particularly where the law requires written form, as with an eviction undertaking, a general conclusion concerning validity should not be drawn solely from messaging correspondence. How Long Does a Tenant Eviction Lawsuit Take? There is no fixed duration applicable to every tenant eviction lawsuit. The court's workload, ground for eviction, collection of evidence, service of documents, need for expert examination or site inspection and appellate proceedings may all affect the duration. Accordingly, the question “how long does a tenant eviction lawsuit take?” cannot be answered with the same period for every case. How Much Does a Tenant Eviction Lawsuit Cost? The costs of a tenant eviction lawsuit may vary depending on the court fees and expense tariffs in force on the filing date, required service of documents, evidence and other procedures necessary for the case. Where expert examination, site inspection or additional service procedures are required, costs may increase. Lawyer's fees are separate from court costs and are determined separately according to the legal service relationship between lawyer and client. Accordingly, the answer to the question how much does a tenant eviction lawsuit cost depends on the scope of the particular case. Is a Lawyer Mandatory in an Eviction Lawsuit? There is no general requirement that a tenant eviction action must be brought through a lawyer. Accordingly, a person satisfying the relevant conditions may bring an eviction lawsuit without a lawyer. However, correctly determining the ground for eviction, observing time limits, assessing the legal character of notices and complying with procedural matters such as mandatory mediation are important in eviction proceedings. Relying on an incorrect ground for eviction or missing statutory periods may have significant consequences for the outcome. Can a Tenant Be Removed From the Property Without Legal Proceedings? No. Even where the landlord believes that a legal basis for eviction exists, the tenant cannot be forcibly removed from the property without following the statutory legal process. The legal procedures provided for eviction must be followed. Changing the locks, removing the tenant's belongings or attempting a physical eviction outside the legal process may result in additional legal disputes. Can a Landlord Cut Electricity, Water or Gas to Force the Tenant Out? Attempting to obtain eviction through physical pressure rather than legal procedures is not a proper method of eviction. Where the landlord believes that a right to eviction exists, the relevant lawsuit or enforcement procedure should be followed. Attempts by the parties to resolve a lease dispute through unilateral physical measures may create new civil or criminal disputes. Why Are Time Limits Important in Eviction Lawsuits? Many grounds for eviction under rental law must be exercised within specific periods. For example, the one-month period following the agreed date in an eviction undertaking, the new owner's one-month notice period and six-month waiting period, and the statutory filing period following the relevant rental period for eviction based on two justified notices are important. Failure to comply with these periods may affect the ability to rely on the relevant ground for eviction. Accordingly, the question is not only “does a ground for eviction exist?” but also “until what date can this ground be relied upon?” Which Court Has Subject-Matter Jurisdiction Over an Eviction Lawsuit? The rules on jurisdiction under the Code of Civil Procedure are considered when determining the competent court for disputes arising from lease relationships. Except for statutory exceptions, disputes arising from lease relationships generally fall within the subject-matter jurisdiction of the civil courts of peace. Where the eviction procedure is conducted through enforcement law, the relevant enforcement-law provisions may separately apply. How Is Territorial Jurisdiction Determined in an Eviction Lawsuit? When determining territorial jurisdiction in an eviction action, the general jurisdiction rules as well as the place of performance of the lease agreement and the circumstances of the particular dispute may be relevant. Accordingly, it may not be sufficient in every lease dispute to consider only the parties' places of residence. Jurisdiction rules should be separately examined, particularly where the parties and leased property are located in different cities. Can the Tenant and Landlord Agree on an Eviction Date? Yes. The parties may agree on termination of the lease relationship and vacation of the property. However, clearly defining the content of the agreement, the eviction date and the parties' obligations may help prevent future disputes. During mandatory mediation, the parties may also reach agreement concerning the eviction date and other lease-related disputes. Tenant Eviction Lawsuits in Çekmeköy In eviction disputes arising from residential and workplace leases in Çekmeköy, correctly identifying the ground for eviction is important. Failure to pay rent, two justified notices, an eviction undertaking, the landlord's need, the new owner's need and reconstruction or redevelopment are each subject to different statutory conditions and periods. Accordingly, in legal assessments made within the scope of a Çekmeköy rental lawyer, Çekmeköy tenant eviction lawyer, Istanbul rental lawyer, rental law lawyer, tenant lawyers or tenant eviction lawyer, the lease agreement and all written documentation should be examined together. Çekmeköy Rental Lawyer Assistance Legal assistance in rental law may include reviewing the lease agreement, identifying the applicable ground for eviction, preparing notices, assessing an eviction undertaking, conducting procedures concerning unpaid rent, following mandatory mediation and conducting the eviction action. From the tenant's perspective, it may include assessing whether the eviction request satisfies the statutory conditions, validity of notices, objections concerning the eviction undertaking, conditions of the alleged need and whether statutory periods have been correctly observed. Conclusion Tenant eviction lawsuits are among the most common disputes in residential and roofed workplace rental law. However, the fact that the landlord owns the property or wishes to terminate the lease is not by itself sufficient to evict the tenant. Non-payment of rent, two justified notices, a valid eviction undertaking, a genuine and compulsory need of the landlord or new owner, reconstruction and redevelopment and other statutory grounds may create a right to seek eviction. The conditions and time limits applicable to each ground must be assessed separately. In addition, for a significant portion of disputes arising from lease relationships, mediation is a procedural prerequisite before filing an action. This rule has applied since 1 September 2023, while provisions concerning eviction through non-judgment enforcement proceedings are excluded. Accordingly, matters such as tenant eviction lawsuit, conditions for tenant eviction, written eviction undertaking, two justified notices, eviction due to need, eviction due to a new owner's need, how long a tenant eviction lawsuit takes, tenant eviction lawsuit costs, eviction lawsuit without a lawyer, Çekmeköy rental lawyer, Istanbul rental lawyer and rental law lawyer should be assessed according to the circumstances of the particular lease relationship and the statutory periods.