Eviction Due to Reconstruction or Redevelopment of the Leased Property - Üsküdar Rental Law Lawyer
In residential and roofed workplace leases, the landlord cannot terminate the lease agreement in every case merely by asserting that the contractual term has expired. For the purpose of protecting tenants, the Turkish Code of Obligations subjects the grounds on which a landlord may terminate a lease through court proceedings to specific conditions. One of these grounds arises where substantial repair, enlargement or alteration of the leased property is required for the purpose of reconstruction or redevelopment and use of the leased property becomes impossible during such works.
This ground for eviction, regulated under Article 350 of the Turkish Code of Obligations, frequently arises in practice particularly where old buildings are demolished and rebuilt, comprehensive building renovations are undertaken, structural strengthening and substantial renovation projects are carried out or redevelopment works affect the manner in which the property can be used.
However, a landlord's mere statement that “I will renovate the property” or “I will renew the building” is not sufficient for eviction. The proposed works must satisfy the statutory requirements and use of the leased property must genuinely become impossible during those works.
Therefore, in matters concerning eviction due to reconstruction, eviction due to redevelopment, tenant eviction due to substantial renovation, Article 350 eviction proceedings, reconstruction and redevelopment eviction proceedings, Üsküdar rental law lawyer, Üsküdar tenant eviction lawyer and Istanbul rental law lawyer, the statutory conditions should be separately assessed according to the circumstances of each case.
What Is Eviction Due to Reconstruction or Redevelopment?
Eviction due to reconstruction or redevelopment is the termination of a lease agreement through court proceedings where comprehensive construction or redevelopment works on the leased property are necessary and it is impossible for the tenant to continue using the property during those works.
The Turkish Code of Obligations provides landlords with this possibility under specific conditions for residential and roofed workplace leases.
The purpose is not merely to remove the tenant from the property but to ensure that the property can be vacated where this is necessary for reconstruction or redevelopment works to be carried out.
Under Which Law Is Eviction Due to Reconstruction or Redevelopment Regulated?
Eviction due to reconstruction or redevelopment is regulated under Article 350 of the Turkish Code of Obligations.
Under the statutory provision, where substantial repair, enlargement or alteration of the leased property is necessary for the purpose of reconstruction or redevelopment and use of the property becomes impossible during the works, the landlord may terminate the lease agreement by filing proceedings within the applicable statutory periods.
The restriction against expanding grounds for judicial termination of residential and roofed workplace leases to the detriment of the tenant is also part of the statutory system designed to protect tenants.
Can a Tenant Be Evicted Due to Reconstruction?
Yes.
Where the building containing the leased property must be demolished and reconstructed and the tenant cannot continue using the property for that reason, eviction proceedings may be initiated if the statutory requirements are satisfied.
For example, a plan to completely demolish an existing building and construct a new building in its place may fall within the concept of reconstruction.
However, the intention to reconstruct must be genuine and capable of implementation. Using reconstruction proceedings merely as a means of removing the tenant would be inconsistent with the purpose of the statutory provision.
Can a Tenant Be Evicted Due to Redevelopment?
Yes.
Where substantial repair, enlargement or alteration is required due to redevelopment works concerning the leased property and use of the property becomes impossible during those works, eviction may become possible.
The proposed work must go beyond ordinary maintenance or minor renovation.
The law particularly requires substantial works and that those works make use of the leased property impossible.
Does Every Renovation Result in Tenant Eviction?
No.
Not every maintenance, repair or renovation operation gives rise to a right of eviction.
Painting, minor plumbing works, limited repairs or works that can be performed while the tenant continues using the property will generally not fall within eviction due to reconstruction or redevelopment.
For eviction, there must be substantial repair, enlargement or alteration and use of the property must become impossible during those works.
What Is Substantial Repair?
Substantial repair refers to comprehensive works that materially interfere with the structure or use of the property and exceed the limits of ordinary maintenance.
Replacement of significant structural elements, comprehensive renovation or works preventing continued use of the property during construction may, depending on the circumstances, constitute substantial repair.
However, whether particular works amount to substantial repair must be determined according to the nature of the proposed works in each case.
Can Enlargement of the Leased Property Be a Ground for Eviction?
Yes.
Article 350 of the Turkish Code of Obligations covers not only reconstruction but also substantial enlargement of the leased property for redevelopment purposes.
However, use of the leased property must become impossible during the enlargement works.
Limited alterations that do not prevent the tenant from continuing to use the property may not be sufficient for eviction.
Can Alteration of the Leased Property Be a Ground for Eviction?
Substantial alterations to the leased property for redevelopment purposes may constitute a ground for eviction where the other statutory conditions are also satisfied.
Comprehensive changes to the architectural structure, internal sections or usage arrangement of the property may constitute examples.
However, the scope of the alteration and its effect on the tenant's ability to use the property must be assessed in the specific case.
Is Demolition and Reconstruction of the Building a Ground for Eviction?
Complete demolition and reconstruction of the building is one of the clearest examples of eviction due to reconstruction.
Because the tenant cannot continue using the property while the structure is demolished, the requirement that use becomes impossible will generally arise.
Nevertheless, the court assesses the genuineness of the reconstruction project and whether the statutory requirements have been satisfied based on the evidence in the case file.
Are Urban Transformation and Eviction Due to Reconstruction the Same?
Although both processes may concern the same property in some cases, their legal bases are not necessarily identical.
Urban transformation proceedings may involve risky structures, demolition and reconstruction under special legislation. Article 350 of the Turkish Code of Obligations, on the other hand, regulates judicial termination of the lease by the landlord due to reconstruction or redevelopment.
Accordingly, where a building falls within an urban transformation process, the applicable special legislation and the consequences arising under rental law may need to be considered together.
Can a Tenant Be Evicted Due to Earthquake Strengthening Works?
Whether earthquake or structural strengthening works constitute a ground for eviction depends on the scope of the proposed works.
Where the works amount to substantial repair and it is technically or practically impossible to use the leased property during those works, the conditions for eviction under Article 350 may arise.
However, limited strengthening or maintenance works that can be carried out while the tenant continues using the property do not necessarily result in eviction.
Must the Intention to Reconstruct Be Genuine?
Yes.
A request for eviction due to reconstruction or redevelopment must be based on a genuine project and a serious intention to implement it.
A landlord's apparent reliance on reconstruction while actually seeking only to remove the tenant is inconsistent with the legal purpose of this ground for eviction.
Projects, permit procedures, architectural preparations and other documents demonstrating the nature of the proposed works may therefore be important during proceedings.
Can Reconstruction Eviction Proceedings Be Filed Without a Project?
In eviction proceedings, the seriousness and feasibility of the intention to reconstruct or redevelop must be demonstrated.
An approved project and relevant administrative documents may constitute strong evidence concerning that intention and the scope of the proposed works.
Which documents are required in each case should be assessed according to the type of work and specific circumstances. The court examines whether the alleged reconstruction or redevelopment is genuine and whether it makes use of the property impossible.
Is a Construction Permit Important in Eviction Proceedings?
A construction or renovation permit may be important in demonstrating the legal and practical feasibility of the proposed works.
Particularly where demolition and reconstruction or comprehensive architectural changes are planned, the relevant administrative permits may be significant in assessing the seriousness of the eviction claim.
However, the nature of the permits and authorisations required may vary according to the works proposed in each case.
Must Use of the Property Become Impossible for Eviction?
Yes.
One of the fundamental conditions for eviction due to reconstruction or redevelopment under Article 350 is that use of the leased property becomes impossible during the works.
Accordingly, the mere fact that works will be performed at the property is insufficient.
Where the works can be carried out while the tenant continues using the property, whether the statutory condition for eviction has arisen must be separately assessed.
How Is Impossibility of Use Determined?
This assessment is made according to the nature of the construction or renovation works.
Demolition, interventions involving structural systems, comprehensive architectural alterations, complete renewal of installations or works preventing safe use of the property may be relevant to determining impossibility of use.
In the event of a dispute, the court may obtain an expert examination concerning technical issues.
Can the Landlord Seek Eviction Merely to Increase the Rent?
The mechanism of eviction due to reconstruction or redevelopment cannot be used merely to increase the rent or remove the existing tenant and lease the property to another person for a higher amount.
The eviction request must be based on a genuine reconstruction or redevelopment need recognised by law.
Indeed, for residential and roofed workplace leases, the statutory system seeks to protect tenants by limiting the grounds on which landlords may terminate leases.
Who Can File Reconstruction Eviction Proceedings?
As a general rule, proceedings may be filed by the person holding the status of landlord in the lease relationship.
Where ownership of the property subsequently changes, the new owner becomes a party to the lease agreement. Under Article 310 of the Turkish Code of Obligations, where the leased property changes ownership, the lease passes to the new owner together with its rights and obligations.
Correctly identifying the claimant is important for proper conduct of the proceedings.
Can a New Owner Seek Eviction Due to Reconstruction After Purchasing the Property?
Sale of the property does not automatically terminate the lease agreement.
The new owner becomes a party to the lease agreement.
Where the new owner intends to carry out reconstruction or redevelopment works, the right to seek eviction must be assessed according to the applicable rental law provisions and the circumstances of the case.
When Can Reconstruction Eviction Proceedings Be Filed?
Article 350 of the Turkish Code of Obligations regulates the timing of proceedings differently for fixed-term and indefinite-term lease agreements.
For fixed-term leases, the landlord may file proceedings at the end of the contractual term.
For indefinite-term leases, proceedings must be filed from the date determined in accordance with the general termination periods and notice periods applicable under rental law.
Incorrect calculation of these periods may directly affect the proceedings, and the type and commencement date of the lease agreement should therefore be carefully examined.
When Can Eviction Be Requested Under a Fixed-Term Lease?
For a fixed-term lease, proceedings for eviction due to reconstruction or redevelopment under Article 350 may be filed at the end of the contractual term.
However, in residential and roofed workplace leases, expiry of the fixed term does not automatically terminate the lease from the landlord's perspective. The landlord must therefore rely on one of the statutory grounds for termination.
When Can Eviction Be Requested Under an Indefinite-Term Lease?
For indefinite-term leases, the date on which eviction proceedings may be filed is determined by reference to the general termination periods and notice periods under rental law.
Accordingly, the commencement date of the lease relationship and the applicable termination periods must be separately calculated when determining the filing date.
Must a Notice Be Sent Before Filing Eviction Proceedings?
Whether notice is required before proceedings for eviction due to reconstruction or redevelopment should be assessed according to the type and duration of the lease and the specific circumstances.
Statutory notification provisions preserving the landlord's right to file proceedings should also be taken into account.
It should therefore not be assumed that the same notice procedure automatically applies in every case.
Does Mandatory Mediation Apply to Eviction Disputes?
In disputes arising from lease relationships, except for statutory exceptions, an application for mediation before filing proceedings may constitute a procedural prerequisite.
For disputes concerning eviction due to reconstruction or redevelopment, pre-litigation procedural requirements should therefore be completed in accordance with the legislation in force.
Where no settlement is reached through mediation, judicial proceedings for eviction may be initiated.
What Evidence Is Used in Reconstruction Eviction Proceedings?
Evidence demonstrating the genuineness and substantial nature of the proposed reconstruction or redevelopment and showing that use of the property will become impossible is important.
Architectural projects, permits and authorisations, municipal records, technical reports, plans concerning the property, on-site inspection and expert examinations may be used as evidence depending on the circumstances.
The court assesses all evidence together in determining whether the statutory requirements for eviction have been satisfied.
Is an Expert Examination Conducted?
Where the dispute contains technical issues, an expert examination may be important.
In particular, whether the proposed repair is substantial, whether the property can be used while the project is implemented and the scope of the alterations may require technical expertise.
Where necessary, the court may assess these matters through an on-site inspection and expert examination.
What Happens If the Tenant Says “I Can Stay During the Renovation”?
Where the tenant claims that continued use of the property is possible, the court assesses the technical nature of the proposed works.
The decisive issue is not merely the parties' statements but whether the property can objectively be used during the works.
If safe and ordinary use is impossible because of the scope of the construction, the condition for eviction may be satisfied. Conversely, where the works do not prevent the tenant from remaining in the property, whether Article 350 conditions are satisfied may be disputed.
Does the Former Tenant Have a Right to Re-Rent the Property?
The Turkish Code of Obligations separately protects the former tenant's right to re-rent.
Properties vacated for reconstruction or redevelopment cannot, without justified reason, be leased to another person in their former condition until three years have passed.
Following reconstruction or redevelopment, the former tenant has a priority right to lease the property in its new condition and at the new rental amount. This right must be exercised within one month following the landlord's written notification.
Can the Former Tenant Return After Reconstruction?
The law grants the former tenant a priority right subject to specific conditions.
After reconstruction or redevelopment has been completed, the former tenant may have priority to lease the property in its new condition and at the new rental amount.
The landlord's written notification and the statutory period are important for exercising this right.
Can the Property Be Leased to Another Person Without Notifying the Former Tenant?
Where the former tenant has a statutory priority right in respect of a property vacated due to reconstruction or redevelopment, the landlord must observe that right.
Leasing the property to another person before the former tenant's priority right has ended and before the expiry of the relevant three-year period may give rise to legal liability.
The stage following eviction is therefore also subject to restrictions under rental law.
What Is the Three-Year Prohibition on Re-Letting?
Under Article 355 of the Turkish Code of Obligations, properties vacated for reconstruction or redevelopment cannot, without justified reason, be leased to another person in their former condition until three years have passed.
This provision constitutes an important safeguard intended to prevent reconstruction or redevelopment from being used falsely as a means of removing a tenant.
What Happens If the Landlord Does Not Carry Out the Construction After Eviction?
A landlord who secures eviction on the basis of reconstruction or redevelopment and subsequently acts contrary to statutory obligations may incur liability for compensation.
Article 355 regulates the landlord's liability toward the former tenant where the prohibition on re-letting is breached.
Accordingly, compliance with the law is required not only when the eviction ground is asserted but also in the landlord's conduct after the tenant has vacated the property.
What Is the Compensation for Breaching the Prohibition on Re-Letting?
Where the landlord breaches the prohibition on re-letting, the landlord may be required to pay the former tenant compensation of not less than one year's rent paid during the final rental year.
For the conditions of a compensation claim, the manner and legal basis of the tenant's departure, subsequent use of the property and whether it was re-let should be examined according to the circumstances.
Does Article 355 Apply If the Tenant Leaves Voluntarily?
For the prohibition on re-letting and related compensation claims, the legal circumstances under which the tenant left the property are important.
A tenant vacating entirely of their own accord may not necessarily be assessed in the same way as a tenant whose vacation was secured by the landlord on the ground of reconstruction or redevelopment.
The manner in which the eviction occurred should therefore be examined carefully before a claim under Article 355 is made.
Can the Tenant Challenge an Eviction Judgment?
Legal remedies may be available against an eviction judgment subject to the statutory conditions and applicable monetary thresholds.
The tenant may argue that the reconstruction or redevelopment requirements are not satisfied, the project is not genuine or feasible, the proposed work is not substantial or the property can continue to be used during the works.
These arguments are assessed based on the evidence and technical examinations in the case file.
Which Court Has Subject-Matter Jurisdiction Over Reconstruction Eviction Proceedings?
The civil court of peace has subject-matter jurisdiction over eviction disputes arising from lease relationships.
Proceedings seeking termination of a lease due to reconstruction or redevelopment also arise from a lease relationship and are therefore assessed within this framework.
How Is Territorial Jurisdiction Determined?
General procedural rules and rules applicable to contractual disputes are considered in determining territorial jurisdiction over eviction proceedings.
The location of the property, place of performance of the lease and parties' residences may be relevant depending on the circumstances.
Both subject-matter and territorial jurisdiction should be examined before proceedings are initiated.
Where Are Reconstruction Eviction Proceedings Filed in Üsküdar?
For a dispute concerning eviction due to reconstruction or redevelopment of a residential or roofed workplace property located in Üsküdar, the civil court of peace has subject-matter jurisdiction.
Territorial jurisdiction should be determined by considering the location of the property and the applicable procedural provisions.
Before filing proceedings, it should also be confirmed whether mandatory mediation applies to the rental dispute and whether the required pre-litigation applications have been completed.
How Long Do Reconstruction Eviction Proceedings Take?
The duration of eviction proceedings varies according to the characteristics of each case.
Examination of project and permit documents, on-site inspections, expert reports, objections by the parties, the mediation process and the court's workload may affect the duration of proceedings.
It is therefore not possible to provide a definite period applicable to all reconstruction or redevelopment eviction cases.
What Rights Does the Tenant Have in Reconstruction Eviction Proceedings?
The tenant may argue that the statutory requirements for eviction have not been satisfied and may submit supporting evidence.
The tenant may argue that the proposed works are not substantial, that use of the property will not become impossible or that the reconstruction claim is not genuine.
If eviction has occurred, the prohibition on re-letting, priority right and, where applicable, compensation claims under Article 355 are also important protections available to the former tenant.
What Rights Does the Landlord Have in Reconstruction Eviction Proceedings?
Where the statutory conditions are satisfied, the landlord may seek termination of the lease in order to reconstruct the property or carry out substantial repair, enlargement or alteration for redevelopment purposes.
However, the statutory conditions and filing periods must be observed when exercising this right.
Following eviction, the provisions concerning the prohibition on re-letting and the former tenant's priority right must also be respected.
Üsküdar Rental Law Lawyer Assistance
Proceedings for eviction due to reconstruction or redevelopment are not disputes that can be resolved merely because the property owner states an intention to renovate or carry out construction.
The nature of the proposed works, whether they are substantial, whether they make use of the property impossible, feasibility of the project, whether the lease is fixed-term or indefinite-term, filing periods and restrictions on re-letting after eviction should all be considered together.
For the landlord, it is important to establish the project and statutory conditions for eviction correctly; for the tenant, it is important to examine whether those conditions genuinely exist.
The former tenant's priority right and the prohibition on re-letting under Article 355 must also be separately considered for the period following eviction.
Therefore, within the scope of an Üsküdar rental law lawyer, Üsküdar tenant eviction lawyer, reconstruction eviction lawyer, redevelopment eviction lawyer, Article 350 eviction lawyer and Istanbul rental law lawyer, the dispute should be assessed from both substantive and procedural law perspectives.
Conclusion
Eviction due to reconstruction or redevelopment of the leased property is one of the statutory grounds through which a landlord may seek judicial termination of a lease under the Turkish Code of Obligations.
However, not every renovation or renewal project permits tenant eviction. Substantial repair, enlargement or alteration must be necessary for the purpose of reconstruction or redevelopment and use of the property must become impossible during those works.
The intention to reconstruct must be genuine and serious, the nature of the proposed works must be demonstrated and the applicable filing periods must be observed.
The landlord's obligations do not end after eviction. Under Article 355, the prohibition on re-letting and the former tenant's priority right may become applicable. If the property is re-let contrary to the law, the former tenant may be entitled to claim compensation.
Therefore, in matters concerning eviction due to reconstruction, eviction due to redevelopment, eviction due to substantial renovation, Article 350, Article 355, prohibition on re-letting, Üsküdar rental law lawyer, Üsküdar tenant eviction lawyer and Istanbul rental law lawyer, each dispute should be assessed according to the lease agreement, project, technical documentation and specific circumstances of the case.