Which Court Has Jurisdiction in Eviction Lawsuits? Competent Courts in Turkish Lease Disputes
Determining the correct court is one of the most important procedural issues in eviction lawsuits. Filing a case before the wrong court may result in delays, additional costs, and the loss of legal rights. For this reason, the rules governing jurisdiction and venue must be carefully observed.
What Is a Lease Lawyer?
A lease lawyer provides legal advice and representation in disputes arising from lease relationships, including:
- Eviction lawsuits,
- Rent collection claims,
- Rent determination cases,
- Lease termination,
- Eviction undertakings,
- Landlord–tenant disputes.
Professional legal assistance helps ensure compliance with procedural rules.
What Is the Competent Court?
According to the uploaded source, jurisdiction over the subject matter is a matter of public order.
Accordingly:
- Courts examine jurisdiction on their own initiative.
- The issue may be raised at any stage of the proceedings.
Which Court Hears Eviction Cases?
Pursuant to Article 4 of the Turkish Code of Civil Procedure, disputes arising from lease relationships—including eviction lawsuits, rent claims, lease termination, and rent determination actions—are generally heard by the Civil Court of Peace.
Different rules may apply to eviction proceedings conducted under enforcement law.
Eviction Through Enforcement Proceedings
According to the uploaded source, if the tenant fails to object within the prescribed period or does not pay the rent debt, the Enforcement Court may order eviction upon the landlord's request.
Alternatively, the landlord may choose to file an eviction lawsuit before the Civil Court of Peace under the general provisions.
Territorial Jurisdiction
The uploaded source explains that the general rule is that lawsuits are filed before the court where the defendant resides.
For legal entities, jurisdiction generally belongs to the court where the company's registered headquarters is located.
Which Court Has Territorial Jurisdiction in Eviction Cases?
According to the uploaded source, eviction lawsuits may generally be filed before:
- The court where the leased property is located,
- The court where the defendant resides.
Because eviction lawsuits do not concern rights in rem over immovable property, the parties may also designate a competent court through a valid jurisdiction agreement.
Objection to Jurisdiction
Where jurisdiction is not exclusive:
- The defendant must raise the objection in the statement of defence as a preliminary objection.
- Late objections are generally not considered.
Exclusive jurisdiction, however, is examined by the court ex officio.
After a Decision of Lack of Jurisdiction
The uploaded source states that the parties must request transfer of the file to the competent court within two weeks after the lack of jurisdiction decision becomes final.
Failure to comply with this period may result in the lawsuit being deemed not to have been filed.
Conclusion
Correctly determining the competent court and territorial jurisdiction is essential in eviction lawsuits. As a general rule, disputes arising from lease agreements are heard by the Civil Court of Peace, while certain enforcement-related matters fall within the jurisdiction of the Enforcement Court. Venue may generally lie either where the leased property is located or where the defendant resides, and parties may also conclude a jurisdiction agreement under the conditions permitted by law. Careful compliance with jurisdiction rules and procedural deadlines is essential to avoid unnecessary delays and the loss of legal rights.