In residential and roofed workplace rentals, an eviction lawsuit is a lawsuit filed to evict the tenant from the property. It is regulated within the scope of Turkish Code of Obligations (TBK) No. 6098, articles 350-356.
Reasons for Evacuation
1. Requirement (TBK article 350)
If the lessor needs a residence/workplace for himself/herself, his/her spouse, descendants, superiors or dependents, an eviction lawsuit may be filed. At the end of the term in fixed-term contracts, and in accordance with the termination notice periods in indefinite-term contracts.
2. Reconstruction or Substantial Repair (TBK article 350/2)
If the real estate needs to be substantially repaired, expanded or changed for reconstruction or zoning purposes and use is impossible at this time, evacuation is requested.
3. New Owner Requirement (TBK article 351)
The person who acquires the real estate later, due to need for himself or his relatives, may notify the tenant in writing of the situation within 1 month from the date of acquisition and file an eviction lawsuit after 6 months
.4. Tenant's Two Rightful Warnings (TBK article 352/2)
If the tenant has caused 2 justified warnings within 1 rental year, the lessor may file an eviction lawsuit within 1 month from the end of the rental year. "Justified warning" is a warning sent due to non-payment of rent debt on time.
5. The Tenant Owns a House in the Same District (TBK Article 352/3)
If the tenant or his/her spouse has a house suitable for habitation within the municipal borders of the same district or town and the lessor did not know this when the contract was established, he/she can file an eviction lawsuit within 1 month from the end of the contract.
6. Written Release Commitment (TBK article 352/1)
If the tenant has signed a written commitment to vacate the leased property, but has not evacuated it in due time, the lessor may initiate an eviction lawsuit or enforcement proceeding within 1 month.
Warning Letter and Periods
Before lawsuits to be filed due to necessity or other reasons, it is mandatory to make a notification through a notary. Otherwise, the case will be rejected.
Important Case Laws of the Supreme Court 6th and 12th HD
In many of its decisions, the 6th Civil Chamber of the Supreme Court of Appeals has consistently adopted that the claim of need must be sincere, real and mandatory, and that if the immovable property is rented or sold to someone else within 3 years after being evacuated, the lessor will pay compensation (TBK art. 355).
The 12th Civil Chamber of the Supreme Court of Appeals emphasizes that "two justified warnings" must relate to two separate rental debts within the same rental year, and repeated warnings for the same debt will be considered "one warning.
Evacuation Processes Comparison
- Enforcement Proceedings (EBL article 269): It is fast based on the written commitment to release.
- Eviction Case: It is filed in the Civil Court of Peace, it may take 6 months - 2 years.
- Enforcement Proceedings (EBL article 272): With example 13 due to non-payment of rent debt.
Jurisdictional and Competent Court
- Officer: Civil Court of Peace (HMK art.4/1-a)
- Authority:The court where the property is located
Evacuation processes are very sensitive to procedural errors; It is recommended that you manage the process with a lawyer experienced in real estate law.