Eviction of a Tenant Due to the New Owner's Need - Çekmeköy Rental Lawyer
The sale of a rented residence or roofed workplace does not automatically terminate the lease agreement. As a rule, the new owner who purchases the property becomes a party to the existing lease relationship, and the mere change of ownership is not sufficient for the tenant's eviction. However, the Turkish Code of Obligations allows the new owner to terminate the lease agreement under certain conditions where there is a genuine and sincere need for the property as a residence or workplace for the new owner or persons specified by law.
In an eviction process based on the new owner's need, the date on which the property was acquired, the written notification to the tenant, the notification period, the date on which an eviction action may be filed and whether the asserted need is genuine, sincere and necessary are important. Incorrect application of statutory periods or procedures may affect the outcome of the eviction claim even where a need actually exists.
Therefore, in assessments concerning eviction due to the new owner's need, new owner eviction proceedings, eviction of a tenant by a new owner who purchased the property, eviction due to need, Çekmeköy rental lawyer, Çekmeköy tenant eviction lawyer and Istanbul rental lawyer, the lease agreement, transfer of title, notifications and the nature of the need should be examined together.
What Is Eviction Due to the New Owner's Need?
Eviction due to the new owner's need is the ability of a person who subsequently acquires a rented property to request termination of the existing lease agreement due to a residential or workplace need for themselves or persons specified by law.
This ground for eviction particularly arises in relation to residences and roofed workplaces purchased while occupied by a tenant.
The new owner does not acquire the right to remove the tenant immediately upon purchasing the property. The conditions prescribed by the Turkish Code of Obligations must be fulfilled for eviction to take place.
Does the Lease Agreement End When a Rented House Is Purchased?
No.
The sale of a property to another person after it has been rented does not automatically terminate the existing lease agreement.
Upon acquiring ownership of the property, the new owner becomes a party to the existing lease relationship. For the tenant, the mere change of landlord does not create an obligation to vacate.
Accordingly, there is no general rule that “the house has been sold, so the tenant must leave.”
Can the New Landlord Remove the Tenant Immediately?
No.
The new owner cannot forcibly evict the tenant by demanding that the property be vacated immediately on the day of purchase.
For the new owner to request eviction, one of the statutory grounds for eviction must exist and the relevant procedure and time limits must be observed.
A genuine and sincere need for the property by the new owner or persons specified by law is one such ground.
What Is the Legal Basis for Eviction Due to the New Owner's Need?
The new owner's right to seek eviction due to need is regulated under Article 351 of the Turkish Code of Obligations.
This provision allows a person who subsequently acquires the rented property to terminate the lease under specified conditions where there is a residential or workplace need for the new owner, their spouse, descendants, ascendants or other persons whom they are legally obliged to support.
Accordingly, a new owner's claim of need is not unlimited. The need must concern one of the persons specified by law and the eviction process must be conducted in accordance with statutory conditions.
For Whose Need Can the New Owner Request Eviction?
The new owner does not have to seek eviction only for their own need.
Under the law, a residential or workplace need of the new owner, their spouse, descendants, ascendants or other persons whom the new owner is legally obliged to support may constitute a ground for eviction.
Descendants may include children and grandchildren, while ascendants may include parents and grandparents.
However, whether the asserted need actually exists must be separately assessed in every case.
Must the New Owner's Need Be Genuine and Sincere?
Yes.
One of the fundamental elements of eviction proceedings based on need is that the asserted need must be genuine and sincere.
A temporary, artificial or ostensible need created for the purpose of eviction is insufficient.
The court assesses the asserted need in light of all circumstances of the case. The new owner's existing residence or workplace, living conditions, family circumstances, characteristics of the property and the reason for asserting the need may be relevant.
What Does It Mean for the Need to Be Necessary?
A necessary need means that the eviction claim should not be based merely on a preference or a desire for more advantageous use.
The new owner's requirement to use the rented property must be concrete and serious.
However, not every need arises under the same circumstances. The facts relevant to a residential need may differ from those relevant to a workplace need.
The court assesses whether the asserted need is of a nature that justifies eviction according to the specific circumstances.
Can the New Owner Evict the Tenant If They Will Personally Use the Property?
Where the new owner genuinely needs to use the property as their own residence or workplace, eviction may be requested if the other statutory conditions are also fulfilled.
However, the mere fact that the property has been purchased or that the new owner states that they wish to use it is not sufficient by itself.
The genuineness and sincerity of the need are assessed during the proceedings.
Can the New Owner File an Eviction Action for Their Child?
Yes.
The new owner's descendants are among the persons specified by law.
Therefore, where a child has a genuine and sincere residential or workplace need, the new owner may request eviction.
For example, it may be asserted that an adult child needs to live in a separate residence. However, whether this need is genuine and continuing is assessed by the court according to the circumstances of the case.
Can the New Owner Request Eviction for Their Mother or Father?
Yes.
Ascendants are also within the scope of the statutory provisions on eviction due to need.
Where the new owner's mother or father has a genuine and sincere residential or workplace need, the new owner may request eviction if the other conditions are also fulfilled.
Again, the kinship relationship alone is not sufficient; the existence of the asserted need must be demonstrated.
Can the New Owner Request Eviction for Their Spouse?
Yes.
The residential or workplace need of the new owner's spouse is among the needs recognised by law.
In eviction proceedings based on the spouse's need, whether the requirement is genuine, sincere and sufficient to justify eviction is examined.
Can the New Owner File an Eviction Action for a Sibling?
The persons for whom eviction may be requested due to need are specifically regulated by law.
A sibling does not fall directly within the categories of descendants or ascendants merely because of the sibling relationship.
Therefore, whether a need relating to the new owner's sibling falls within the category of “other persons whom the owner is legally obliged to support” must be separately assessed according to the specific legal relationship.
The mere existence of a sibling relationship should not be interpreted as automatically creating a right to eviction.
Must the New Owner Notify the Tenant?
To use the special six-month eviction route under Article 351 of the Turkish Code of Obligations, the new owner must provide written notification to the tenant.
Under the law, the new owner must notify the tenant in writing within one month beginning from the date on which the property is acquired.
This notification is one of the most important stages of the eviction process.
When Does the One-Month Notification Period Begin?
The one-month period begins from the acquisition of the property.
It is therefore important to correctly determine the date on which ownership of the property passed to the new owner.
Failure to comply with the notification period may affect the use of the special mechanism under Article 351 allowing proceedings to be filed six months after acquisition.
Must the Notification Be in Writing?
Yes.
The law requires the new owner to notify the tenant of the situation in writing.
It is therefore important that both the making of the notification and its timely receipt by the tenant can be proven.
In practice, methods that facilitate proof, such as a notarised notice, may be preferred.
Can the New Owner File an Eviction Action Without Sending a Notice?
Where the new owner intends to use the route under Article 351 allowing an eviction action six months after acquisition, the one-month written notification requirement is important.
However, the law also allows the new owner to file proceedings within one month beginning from the end of the lease term.
Accordingly, the legal route relied upon by the new owner, whether notification was given and the duration of the lease agreement must be assessed together.
When Can the New Owner File an Eviction Action?
Provided that the new owner notifies the tenant in writing within one month from the date of acquisition, an eviction action may be filed six months after the date of acquisition.
This six-month period prevents the new owner from immediately evicting the tenant upon purchasing the property.
Correct calculation of the date on which proceedings may be filed is important. An action filed prematurely may create procedural problems.
How Is the Six-Month Period Calculated?
The six-month period is calculated from the date on which the property is acquired.
It should not be treated as a new six-month period beginning from the date on which the one-month notification is sent.
Accordingly, the date of acquisition of title is the principal date for both the one-month notification period and the six-month waiting period.
Can the New Owner Wait Until the End of the Lease and Then File Proceedings?
Yes.
The Turkish Code of Obligations does not provide the new owner solely with the possibility of filing an action six months after acquisition.
The new owner may also terminate the lease due to need by filing an action within one month beginning from the end of the lease term.
Accordingly, which route is earlier or legally more appropriate in a particular case may vary according to the commencement and expiry dates of the lease and the date on which the property was acquired.
Is the Right to Eviction Completely Lost If the One-Month Notification Is Not Made?
Failure to provide the one-month notification is important in relation to the new owner's special route under Article 351 based on filing an action six months after acquisition.
However, this does not mean that the new owner can never request eviction due to need.
The route based on expiry of the lease term and other statutory provisions concerning termination due to need should be separately assessed according to the circumstances of the case.
Is the New Owner Bound by the Existing Lease Agreement?
Yes.
Because transfer of the property does not automatically terminate the existing lease relationship, the new owner generally becomes a party to the lease agreement.
Therefore, the new owner cannot disregard an agreement made between the previous owner and the tenant merely on the ground that “I did not sign this agreement.”
The new owner's eviction claim must be based on one of the grounds regulated by law.
Must the New Owner Enter Into a New Lease Agreement?
No.
The sale of the property does not require a new lease agreement to be entered into between the tenant and the new owner.
The existing lease relationship continues in respect of the new owner.
The parties may enter into a new agreement if they wish, but failure to do so does not automatically eliminate the tenant's lease rights.
Can the New Owner Request Eviction in Order to Increase the Rent?
The purpose of eviction due to need is not to remove the existing tenant and rent the property to another person for a higher amount.
The need asserted by the new owner must be genuine and sincere.
Facts suggesting that the eviction request is actually intended to obtain a higher rental income may be relevant when assessing the sincerity of the asserted need.
Does the Tenant's Long Occupation of the Property Prevent Eviction?
The fact that the tenant has occupied the property for a long period does not by itself eliminate the new owner's statutory right to seek eviction due to need.
However, the new owner must still comply with the statutory conditions and periods and establish the existence of a genuine and sincere need.
The duration of the tenancy alone is insufficient to determine whether the eviction claim should be accepted or rejected.
Does a Long-Term Lease Prevent the New Owner From Seeking Eviction?
The new owner acquires the property together with the existing lease relationship.
However, Article 351 of the Turkish Code of Obligations provides the new owner with the possibility of terminating the lease due to need under specified conditions.
Accordingly, the fact that the lease term has not yet expired does not in every case prevent the new owner from using the special eviction route where statutory conditions such as the one-month written notification and six-month waiting period are fulfilled.
Is an Eviction Action Rejected If the New Owner Owns Another House?
The fact that the new owner owns another property may be relevant in assessing the claim of need, but it does not automatically mean that the action will be rejected in every case.
The location, use, size, suitability for family needs and actual availability of the other property may be relevant.
The court assesses whether the new owner genuinely needs the rented property in light of the specific circumstances.
Can a New Owner Who Is a Tenant Elsewhere Seek Eviction Due to Need?
The fact that the new owner personally lives as a tenant in another residence may be an important factor in assessing the genuineness of the residential need.
A person's wish to use their own property as a residence may, depending on the circumstances, be considered a genuine and sincere need.
However, an eviction judgment is not based solely on the fact that the new owner is a tenant elsewhere; all circumstances of the case are assessed.
Is Eviction Possible Due to the New Owner's Workplace Need?
Yes.
Article 351 of the Turkish Code of Obligations covers not only residential need but also workplace need.
Where the new owner genuinely and sincerely needs the rented workplace for themselves or persons specified by law, eviction may be requested if the other statutory conditions are fulfilled.
The nature of the intended business, the current workplace situation and the suitability of the rented property for the intended activity may be relevant.
Can the New Owner Assert a Workplace Need for Their Company?
The statutory provisions on eviction due to need focus on the persons specified by law.
A company in which the new owner is a shareholder or manager and the new owner as an individual may constitute legally separate persons.
Therefore, whether the workplace need of a legal entity may directly be regarded as the need of the individual new owner should be carefully assessed according to the legal structure of the specific case and established practice.
Must the Need Continue Throughout the Proceedings?
An eviction claim based on need must be founded on a genuine and continuing requirement.
If the need asserted at the time proceedings were filed disappears during the proceedings, this may affect assessment of the case.
Accordingly, it is important not only that the need be asserted at the date of filing but also that it continue in a manner capable of justifying the eviction request.
How Is the New Owner's Need Proven?
There is no single type of evidence for proving need.
The new owner's current residence, lease agreement, family population records, workplace circumstances, property records, documents concerning work or living conditions and witness statements may be assessed depending on the nature of the case.
The court considers the evidence together in determining whether the asserted need is genuine and sincere.
Can the Tenant Claim That the New Owner's Need Is Not Genuine?
Yes.
In eviction proceedings, the tenant may argue that the new owner's asserted need is not genuine, sincere or necessary.
For example, the existence of other suitable properties available to the owner, attempts to rent the property to others before or after the eviction request or conduct inconsistent with the alleged need may be raised depending on the circumstances.
The legal effect of these allegations is determined according to the evidence in the case.
Can the New Owner Forcibly Remove the Tenant Without a Court Judgment?
No.
The new owner cannot remove the tenant's belongings, change the locks or unilaterally prevent the tenant from accessing the property.
If the tenant does not voluntarily vacate the property, the statutory eviction process must be followed.
Eviction must be carried out through lawful procedures.
Can the Tenant Be Forced Out by Cutting Electricity, Water or Natural Gas?
Unlawfully preventing access to essential services in order to force the tenant to leave does not replace the legal eviction procedure.
If the new owner wants the tenant to vacate the property, statutory eviction remedies must be used.
The existence of a claim of need does not authorise the owner to carry out a forced eviction by their own means.
What Happens If the New Owner Wins the Eviction Case?
Where the court accepts the new owner's request for eviction due to need, a judgment is rendered concerning termination of the lease relationship and eviction of the rented property.
The judgment is implemented within the applicable enforcement procedure.
If the tenant does not vacate despite the judgment, the owner may request enforcement of the eviction through execution proceedings.
Can a Property Evicted Due to Need Be Rented to Someone Else?
The Turkish Code of Obligations provides a special restriction concerning the re-rental of property vacated due to need.
Where the landlord has secured vacation of the property on the ground of need, the property may not, without just cause, be rented to anyone other than the former tenant before three years have passed.
The purpose of this provision is to prevent the institution of eviction due to need from being used for purposes other than its genuine objective.
What Is the Three-Year Re-Rental Prohibition?
The three-year re-rental prohibition is a statutory restriction preventing property evicted due to need from being rented to a person other than the former tenant for three years unless there is a justified reason.
This rule is an important safeguard supporting the requirement that an eviction claim based on need be sincere.
If an owner removes the tenant on the ground of need and immediately rents the property to another person for a higher rent, statutory consequences may arise.
What Are the Consequences of Breaching the Re-Rental Prohibition?
Where the landlord acts contrary to the re-rental prohibition, the former tenant may claim compensation.
The statutory minimum amount of compensation is no less than one year's rent paid during the final rental year.
Accordingly, an eviction process based on need is not limited to the period ending with the eviction judgment. The manner in which the property is used after eviction may also have legal consequences.
What Happens If the New Owner Later Sells the Property?
Where the new owner sells the property while eviction proceedings are pending or after eviction, separate assessment may be required concerning whether the asserted need continues and whether there remains a legal interest in the proceedings.
In particular, disappearance of the circumstances on which the claim of need was based may affect the outcome of the case.
Changes in ownership should therefore be separately examined in terms of their effect on ongoing eviction proceedings.
Is Mediation Required Before an Eviction Action?
For disputes arising from lease relationships, mandatory mediation is generally required before filing an action, apart from certain eviction procedures expressly excluded by law.
For an eviction action based on the new owner's need, the mandatory pre-litigation mediation process must be duly completed.
If no agreement is reached in mediation, an eviction action may be filed.
Does Mediation Affect the Time Limit for Eviction?
Correct calculation of limitation or filing periods is important in eviction proceedings.
The legal effect of an application for mandatory mediation on procedural time limits must be assessed under the relevant legislation.
Therefore, particularly where a one-month period for filing an action applies, the timing of the mediation application is important.
Which Court Has Subject-Matter Jurisdiction in an Eviction Action Based on the New Owner's Need?
As a rule, the civil court of peace has subject-matter jurisdiction over eviction disputes arising from lease relationships.
Eviction proceedings based on the new owner's need are also disputes arising from a lease relationship.
Filing the action before the court with proper subject-matter and territorial jurisdiction is important for the proceedings to progress in accordance with procedural law.
How Is Territorial Jurisdiction Determined in an Eviction Action?
When determining territorial jurisdiction in eviction proceedings arising from a lease relationship, the general jurisdiction rules and the rules concerning contractual disputes may be assessed together.
The location of the rented property and the parties' places of residence may be relevant in the specific case.
Subject-matter and territorial jurisdiction should be correctly assessed before proceedings are initiated.
Eviction Due to the New Owner's Need in Çekmeköy
Where a rented property located in Çekmeköy is purchased, the new owner cannot directly evict the tenant.
If the new owner or persons specified by law have a genuine and sincere residential or workplace need, an eviction process under Article 351 of the Turkish Code of Obligations may arise.
The date of acquisition, the one-month written notification period, the six-month waiting period, the expiry date of the lease and evidence supporting the claim of need are fundamental elements of the process.
Therefore, within the scope of a Çekmeköy rental lawyer, Çekmeköy tenant eviction lawyer, Çekmeköy real estate lawyer, Istanbul rental lawyer, new owner eviction proceedings and eviction proceedings due to need, all relevant dates and documents of the specific case should be assessed together.
Çekmeköy Rental Lawyer Assistance in Eviction Due to the New Owner's Need
Legal assistance in an eviction process based on the new owner's need may include reviewing the lease agreement and title records, determining the acquisition date, preparing the one-month notification, conducting mandatory mediation, filing the eviction action and presenting evidence supporting the asserted need.
For the tenant, it may be important to assess whether notification was made in time, whether proceedings were filed at the correct time, whether the asserted need is genuine and sincere and the circumstances of other properties owned by the landlord.
For both parties, an eviction dispute should be assessed not merely according to the status of “new owner” or “existing tenant” but on the basis of the statutory conditions and specific evidence.
Conclusion
The sale of a rented property does not automatically terminate the lease agreement, and a new owner cannot immediately evict the tenant merely because the property has been purchased.
However, where the new owner has a genuine and sincere residential or workplace need for themselves, their spouse, descendants, ascendants or other persons whom they are legally obliged to support, eviction may be requested under Article 351 of the Turkish Code of Obligations.
The new owner may notify the tenant in writing within one month from acquisition and file proceedings six months after acquisition, or may terminate the agreement by filing an action within one month beginning from the end of the lease term.
The genuineness and sincerity of the asserted need, correct calculation of statutory periods and completion of the required procedural steps are important for the outcome of the eviction proceedings. Following eviction due to need, the statutory restriction preventing the property from being rented to anyone other than the former tenant for three years without just cause should also be taken into account.
Therefore, when assessing eviction due to the new owner's need, purchase of a rented property, new owner eviction proceedings, eviction due to need, Article 351 of the Turkish Code of Obligations, Çekmeköy rental lawyer, Çekmeköy tenant eviction lawyer and Istanbul rental lawyer, the acquisition date