Ümraniye Rental Lawyer - Eviction Due to the Landlord's Need for the Property
In residential and roofed workplace leases, termination of a lease agreement does not arise only where the rent is unpaid or the tenant acts contrary to the agreement. The Turkish Code of Obligations also allows an eviction action to be brought under certain conditions where the landlord or certain relatives specified by law have a genuine and sincere need to use the leased property as a residence or workplace.
An eviction action based on need is a method of eviction based on the landlord's necessity to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants or other persons whom they are legally obliged to support.
However, a statement such as “I need the house” or “I will use the workplace myself” is not sufficient for eviction in every case. Whether the need is genuine, sincere and necessary, the type of lease agreement, the timing of the action, the circumstances of the parties and the evidence in the case are assessed together.
Therefore, in assessments made within the scope of an Ümraniye rental lawyer, Istanbul rental lawyer, lawyer for eviction due to need, tenant eviction lawyer or eviction action due to residential need, both the grounds for eviction and the procedural requirements must be examined in detail.
What Is an Eviction Action Due to Need?
An eviction action due to need is an action in which the landlord requests termination of the lease relationship and eviction of the tenant because of the necessity to use the leased property as a residence or workplace for persons specified by law.
This ground for eviction does not require fault on the part of the tenant.
Even where the tenant regularly pays the rent and fulfils all obligations arising from the agreement, eviction may still be requested if a genuine and necessary need satisfying the statutory requirements exists.
For Whose Need Can an Eviction Action Be Filed?
The landlord is not required to base the eviction request solely on their own need.
Under the statutory regulation, the need of:
- the landlord,
- the landlord's spouse,
- descendants,
- ascendants,
- other persons whom the landlord is legally obliged to support
for a residence or workplace may constitute grounds for eviction.
Therefore, for example, the genuine and necessary residential need of the landlord's child or parents may constitute grounds for an eviction action where the conditions are satisfied.
What Do Descendants and Ascendants Mean?
Descendants include a person's children, grandchildren and subsequent generations.
Ascendants include parents, grandparents and previous generations.
Therefore, eviction due to need is not limited solely to situations where the owner of the property will personally use it.
Can an Eviction Action Be Filed for the Landlord's Sibling?
A sibling is not a descendant or ascendant of the landlord merely because of the sibling relationship.
Therefore, it cannot be said that a sibling's need directly constitutes grounds for eviction without assessing the other statutory requirements.
Whether the statutory provision concerning “other persons whom the landlord is legally obliged to support” applies to the particular case must be examined separately.
What Does It Mean for the Need to Be Genuine, Sincere and Necessary?
One of the most important issues in eviction actions based on need is the nature of the asserted need.
The eviction request should not be based on an abstract or temporary justification created merely for the purpose of removing the tenant from the property.
A genuine need means that there is an actual requirement for use or one that is seriously expected to arise; sincerity means that the stated reason reflects the genuine intention; and necessity means that use of the property is required for the person concerned under the particular circumstances.
Can an Eviction Action Be Filed for a Future Need?
The need does not necessarily have to have existed for a long period at the date of the action.
A need that is concrete, specific and seriously expected to arise in the near future may also be taken into consideration depending on the circumstances.
By contrast, hypothetical needs, possibilities relating to the distant future or needs for which the timing is uncertain are not assessed in the same manner for eviction purposes.
Is a Temporary Need Sufficient for Eviction?
For eviction due to need, continuity of the asserted requirement is important.
Very short-term, temporary or insufficiently concrete assertions of need may not be regarded as sufficient when assessing whether the need is genuine and necessary.
In every case, the nature of the need is assessed according to the particular circumstances.
Can a Landlord Evict the Tenant If They Want to Move Into Their Own Property?
Where the landlord genuinely needs to use the leased residence as their own home, eviction due to need may arise.
However, ownership of the property alone does not mean that the tenant may be evicted whenever the owner wishes.
The genuineness and necessity of the need and whether the action has been filed within the statutory periods must be assessed.
Can a Landlord Who Is a Tenant Elsewhere Evict the Tenant From Their Own Property?
The fact that the landlord themselves lives as a tenant in another residence may be an important factor when assessing the claim of need.
Where a person continues to live as a tenant elsewhere despite owning a leased residence and wishes to use their own property as their home, this may support the claim of need in the particular case.
Nevertheless, each action is assessed according to its own circumstances and evidence.
Can a Landlord Living With Their Family Evict the Tenant?
Where the landlord lives with parents, relatives or other persons and develops a need to live in an independent residence, this may constitute a basis for an eviction request.
Changes in the person's living conditions, preparations for marriage, the need to live separately from family or similar concrete circumstances may be relevant.
Rather than merely stating a desire to live independently, the genuineness of the need is examined together with the particular circumstances.
Can a Landlord Who Is Getting Married Evict the Tenant?
Where the landlord is preparing for marriage and wishes to use the leased property as the marital home after marriage, this is one of the circumstances that may be assessed in relation to eviction due to need.
However, the marriage plan and residential need should have become concrete.
An uncertain or hypothetical possibility of marriage is not assessed in the same way as a residential need arising from a marriage that is seriously expected to take place.
Can a Divorcing Landlord Evict the Tenant?
A change in existing housing arrangements because of divorce and the landlord's resulting need to live in their own leased property may also constitute a basis for an eviction request.
For example, where a person is required to leave the marital home after divorce and wishes to use their leased property as their own residence, this may be assessed according to the circumstances.
Can a Tenant Be Evicted Because of the Landlord's Child's Housing Need?
Yes, where the statutory requirements are satisfied, the residential need of the landlord's descendant may constitute grounds for eviction.
In this context, the child's genuine and necessary residential need is important.
Circumstances such as the child's marriage, return from another city, emergence of a need to live independently or changes in existing housing conditions may be assessed in the particular case.
Can an Eviction Action Be Filed for a Child Attending University?
The landlord's child's need for housing in the area where they are studying may, depending on the circumstances, be assessed as a genuine and sincere need.
The location of the university, current accommodation conditions, continuity of the need and suitability of the leased property for that need may be examined together.
Is Eviction Possible Due to the Need of a Parent?
The need of an ascendant may also constitute grounds for eviction under the statutory regulation.
Therefore, where the landlord's mother or father has a genuine and necessary residential need, an eviction action based on need may arise.
However, the current living circumstances of the person in need and why that person specifically needs the leased property are assessed in the particular case.
Can an Eviction Action Be Filed Due to the Need for a Summer Residence?
The need to use a property regularly as a residence during certain periods rather than solely as a permanent residence may be discussed depending on the circumstances of the case.
However, a distinction must be made between a desire for a short holiday or temporary use and a genuine and continuing residential need.
Therefore, the nature and continuity of use are particularly important in disputes based on the need for a summer residence.
Can an Eviction Action Be Filed Due to Workplace Need?
Yes.
Eviction due to need is not limited to residential leases.
Where the landlord or persons specified by law have a genuine and necessary need to use the leased roofed workplace as a workplace, eviction may also be requested.
Can the Landlord Evict the Tenant If They Are Starting Their Own Business?
Where the landlord is genuinely preparing to establish a business and needs to use the leased workplace for that activity, this may result in assessment of the asserted need.
However, an abstract idea that the landlord may establish a business at some point in the future is not sufficient.
The concreteness of the business plan, nature of the activity and need to use the leased property for that activity should be assessed.
Can an Owner With Another Workplace File an Eviction Action?
The landlord's ownership or use of another workplace may be taken into account when assessing the asserted need.
However, this does not by itself mean in every case that no need exists.
Factors such as the location, nature, size and current use of the other workplace and its suitability for the intended business may be relevant.
Can a Landlord With Another House Request Eviction Due to Need?
The landlord's ownership of another residence is an important factor in assessing the claim of need, but it does not by itself mean that the action must be dismissed in every case.
Whether the other residence is vacant, where it is located, whether it is suitable for use, its size, family circumstances and the living arrangements of the person in need may be assessed together.
Therefore, an automatic conclusion should not be reached solely because land registry records show another residence.
Is Fault of the Tenant Required in an Eviction Action Due to Need?
No.
Eviction due to need is not a ground for eviction based on fault of the tenant.
The tenant's timely payment of rent, proper care of the property and compliance with the agreement do not by themselves prevent an eviction action where a genuine and necessary need exists.
When Can Eviction Due to Need Be Requested Under a Fixed-Term Lease?
For fixed-term residential and roofed workplace leases, expiry of the contractual term is important for eviction due to need.
The landlord may pursue an eviction action based on need within the statutory period after expiry of the agreement.
Therefore, the commencement and expiry dates of the lease must be correctly determined.
How Does Eviction Due to Need Work Under an Indefinite-Term Lease?
For indefinite-term leases, general termination periods and statutory notice periods are important in relation to eviction due to need.
When determining the time for filing the action, it is necessary to correctly establish whether the lease relationship is actually fixed-term or indefinite-term.
Why Is Timing Important in an Eviction Action Due to Need?
The existence of a need alone is not sufficient.
The eviction action must be filed within the period prescribed by law.
Failure to comply with the applicable time limit may affect the eviction request for the relevant lease period even where a need exists.
Therefore, contractual dates, rental periods and any notices given should be assessed together.
Is It Necessary to Send the Tenant Prior Notice?
Whether prior notice is mandatory in an eviction action based on need and its legal effect must be assessed according to whether the lease is fixed-term or indefinite-term and the circumstances of the particular case.
A written notice given to the tenant may have important legal consequences, particularly for preserving the period within which an action may be filed.
Therefore, the content and date of the notice should be determined carefully.
Does Notice Affect the Time for Filing the Action?
A written notification made in compliance with statutory requirements may have important consequences for the period in which an eviction action based on need may be brought.
Therefore, the rental period to which the notification relates, the date on which it reached the tenant and the manner in which the need was stated should be assessed within the case.
Can a New Owner Evict the Tenant Due to Need?
A new owner who subsequently purchases the leased property may also request eviction due to need under certain conditions.
Where the new owner, their spouse, descendants, ascendants or persons whom they are legally obliged to support need the property as a residence or workplace, the Turkish Code of Obligations provides a specific eviction mechanism for the new owner.
However, the periods applicable to a new owner's eviction process are not assessed in exactly the same manner as an action filed by a person who was the landlord from the beginning.
If I Buy a Property With a Tenant, Can I Evict the Tenant Immediately?
No.
Purchase of a property does not automatically terminate an existing lease agreement.
The new owner becomes a party to the lease relationship, and one of the statutory grounds for eviction must exist in order to evict the tenant.
Where the new owner has a genuine and necessary residential or workplace need, eviction may be requested by following the procedures and periods prescribed by law.
When Must the New Owner Notify the Tenant?
For a new owner to use the eviction mechanism based on need, the statutory notification and action periods following acquisition of the property are important.
The commencement of these periods is connected with the date of acquisition.
Therefore, the date of title transfer, written notification to the tenant and filing date of the action should be examined together.
Can the New Owner Wait Until the Lease Expires?
The new owner is not required to use only the special eviction mechanism available from the date of acquisition.
Depending on the circumstances, eviction due to need may also be pursued following expiry of the lease agreement.
The appropriate route and calculation of the relevant periods must be determined according to the particular lease relationship.
Is Mediation Mandatory in an Eviction Action Due to Need?
For disputes arising from lease relationships, mandatory mediation applies before filing an action, except for certain eviction proceedings through enforcement that are excluded by law.
Therefore, the mandatory mediation process must be completed before an eviction action due to need is filed.
If no agreement is reached during mediation, an eviction action may be filed.
Can an Eviction Date Be Agreed With the Tenant During Mediation?
The parties may agree on an eviction date and other consequences of the dispute during mediation.
The scope of the agreement is determined according to the parties' intentions.
However, because the agreement will have legal consequences, it is important for the eviction date, delivery conditions and any other obligations to be stated clearly.
Which Court Has Jurisdiction Over an Eviction Action Due to Need?
Eviction disputes arising from lease relationships generally fall within the jurisdiction of civil courts of peace.
Because an eviction action due to need arises from a lease relationship, this rule is taken into account when determining the competent court.
Territorial jurisdiction must be assessed separately according to the circumstances and general jurisdiction rules.
Who Must Prove the Need in an Eviction Action?
The landlord who bases the eviction request on need must establish that the asserted need is genuine and necessary.
Different evidence may become relevant depending on the nature of the need.
The court assesses the parties' claims and defences together with the evidence submitted to the case.
What Evidence Can Be Used in an Eviction Action Due to Need?
Depending on the circumstances, land registry records, lease agreements, civil registry records, residence information, documents concerning existing residences or workplaces, employment records, documents concerning marriage or divorce proceedings, witness statements and other lawful evidence demonstrating the genuineness of the need may be used.
The relevant evidence varies according to the asserted ground of need.
For example, residential need due to marriage and workplace need do not necessarily have to be proved through the same evidence.
Can Need Be Proven Through Witnesses?
Witness statements may be among the evidence used in assessing the claim of need.
However, the court considers all evidence in the file rather than relying solely on witness statements.
It is important to support the need with objective and concrete facts as far as possible.
Can the Tenant Claim That the Landlord's Need Is Not Genuine?
Yes.
The tenant may argue that the asserted need is not genuine, sincere or necessary and may submit evidence supporting that defence.
For example, allegations that the landlord has other vacant residences suitable for the asserted need or that the eviction request actually serves another purpose may be discussed in the particular case.
However, the effect of such circumstances must be assessed separately in each case.
Can Need Be Claimed in Order to Re-Let the Property at a Higher Rent?
The purpose of eviction due to need is not to remove the tenant in order to lease the property to another person at a higher rent.
Where the asserted need does not actually exist and the eviction request is intended solely to terminate the existing lease relationship and obtain higher rental income, this is relevant to the sincerity of the need.
The use of the property following eviction may therefore also produce legal consequences.
Can a Property Evicted Due to Need Be Rented to Someone Else?
The law contains a restriction on re-letting concerning the manner in which the landlord may use a property following eviction due to need.
Unless there is a justified reason, leasing a property that was vacated due to need to someone other than the former tenant within a specified period may result in legal liability.
This provision is intended to prevent abuse of eviction due to need.
How Long Is the Restriction on Re-Letting?
The prohibition on leasing a property vacated due to need to someone other than the former tenant without justified reason is prescribed for three years.
Therefore, leasing the property to a third party shortly after evicting the tenant on the basis of need may produce legal consequences.
Does the Former Tenant Have Priority Regarding Re-Letting?
The statutory framework provides special protection for the former tenant where a property vacated due to need is to be leased again.
Therefore, where re-letting is planned following eviction, the restriction on re-letting and the provisions concerning the former tenant must be assessed together.
What Happens If the Landlord Does Not Move Into the Property After Evicting the Tenant Due to Need?
Where an eviction decision was based on an asserted genuine and sincere need but the property is not subsequently used for the stated purpose, a legal dispute may arise, particularly if the property is leased to another person.
The law contains provisions concerning the former tenant's claim for compensation where the restriction on re-letting is violated.
However, whether liability arises must be assessed according to the circumstances and conditions of the subsequent letting.
Can the Former Tenant Claim Compensation?
Where the statutory restriction on re-letting is violated, the former tenant may have a right to claim compensation.
Therefore, the process of eviction due to need should not be regarded as ending solely when the eviction order is obtained.
The use of the property and any subsequent letting following eviction may also have legal consequences.
How Long Does an Eviction Action Due to Need Take?
It is not possible to provide a definite duration applicable to every eviction case.
The court's workload, service of documents, evidence submitted by the parties, hearing of witnesses, whether an expert examination or site inspection is required and appellate proceedings may affect the total duration.
Therefore, it would not be accurate to state that an eviction action due to need will definitely conclude within a particular number of months.
Must the Tenant Continue Paying Rent While the Action Is Pending?
Filing an eviction action does not automatically eliminate existing payment obligations arising from the lease relationship.
As long as the tenant continues to use the property, the tenant must comply with obligations under the lease agreement and applicable legal rules.
The eviction action and obligations concerning payment of rent must be assessed separately.
What Happens If the Tenant Vacates the Property During the Proceedings?
Where the tenant vacates and duly returns the property while the action is pending, this may affect the subject matter of the eviction request.
However, the status of the case must be assessed separately in relation to litigation expenses, attorney's fees or other claims between the parties.
Rather than merely physically abandoning the property, it is important that delivery of the keys and the date of return can be proven.
Why Is Delivery of the Keys Important?
Physical vacation of the property and its legal return do not necessarily occur at the same time.
Proper delivery of the keys to the landlord is important in determining the date on which the property was returned.
Therefore, carrying out the delivery in a provable manner may reduce subsequent disputes concerning rent and ancillary expenses.
Are Eviction Due to Need and Eviction Based on a Written Eviction Undertaking the Same?
No.
Eviction based on a written eviction undertaking and eviction due to need are based on different legal grounds.
A written eviction undertaking concerns the tenant's written commitment, subject to certain conditions, to vacate the property on a specified date.
Eviction due to need is based on the genuine and necessary residential or workplace need of the landlord or persons specified by law.
Therefore, the requirements and procedures applicable to these two eviction mechanisms are different.
Are Eviction Due to Need and Eviction Due to Non-Payment of Rent the Same?
No.
Eviction due to non-payment of rent is connected with the tenant's failure to comply with the payment obligation.
Eviction due to need is based on the landlord's residential or workplace need independently of any contractual breach by the tenant.
Therefore, timely payment of all rent by the tenant does not by itself eliminate the possibility of eviction due to need.
Are Eviction Due to Need and Eviction After the Ten-Year Extension Period the Same?
No.
The possibility of termination after the ten-year extension period in residential and roofed workplace leases and eviction due to need are different legal mechanisms.
While eviction due to need requires proof of a genuine and necessary requirement for use, termination based on the extension period is subject to different requirements and periods.
Which ground for eviction exists must be determined according to the history of the lease agreement and the circumstances of the particular case.
Is a Lawyer Mandatory in an Eviction Action Due to Need?
There is no general requirement that an eviction action must be filed through a lawyer.
However, in eviction actions due to need, it is important to establish the correct legal basis for the need, calculate the period for filing the action, complete the mandatory mediation process and establish the need through appropriate evidence.
In particular, failure to comply with time limits or reliance on an incorrect ground for eviction may affect the outcome of the dispute.
Eviction Actions Due to Need in Ümraniye
In residential and roofed workplace leases in Ümraniye, an eviction action due to need may arise where the landlord or persons specified by law develop a genuine and necessary need to use the property.
The landlord's desire to live in their own residence, the residential need of a child or ascendant, the emergence of a new housing need due to marriage or divorce or the necessity for the leased workplace to be used by the landlord or persons specified by law are among the circumstances that may be assessed in this context.
However, in determining the outcome of an eviction request, the term of the lease agreement, notices, timing of the action, mandatory mediation process and evidence in the case are as important as the genuineness of the need.
Therefore, in assessments made within the scope of an Ümraniye rental lawyer, Ümraniye tenant eviction lawyer, Istanbul rental lawyer, lawyer for eviction due to need, eviction due to the landlord's need or eviction action due to workplace need, all characteristics of the lease relationship should be examined together.
Ümraniye Rental Lawyer Assistance
Legal assistance concerning eviction due to need may include examining the lease agreement, assessing the legal conditions of the asserted need, determining action and notification periods, preparing notices, conducting mandatory mediation, filing the eviction action and assessing the parties' evidence.
A new owner's request for eviction due to need, proof of residential or workplace need, the restriction on re-letting and disputes arising after eviction should also be separately assessed according to the circumstances.
Conclusion
An eviction action due to need is a method of eviction based on the landlord's genuine and necessary need to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants or other persons whom they are legally obliged to support.
However, the assertion of need alone is not sufficient to evict the tenant. The need must be genuine, sincere and necessary, the action must be filed within the statutory period and procedural requirements must be fulfilled. For needs asserted by a new owner, special periods and notification rules following acquisition are also important.
Use of the leased property following eviction due to need may also have legal consequences. Because of the restriction on re-letting, leasing a property vacated on the basis of need to someone other than the former tenant within three years without justified reason may give rise to a compensation claim by the former tenant.
Therefore, when assessing matters such as eviction action due to need, eviction due to the landlord's need, new owner's eviction due to need, eviction due to workplace need, Ümraniye rental lawyer, Ümraniye tenant eviction lawyer and Istanbul rental lawyer, the ground of need, nature of the lease agreement, statutory periods and evidence relating to the particular case should be considered together.