Evacuation of the Tenant Due to Need


Evacuation of the Tenant Due to Need



In the Turkish Code of Obligations No. 6098 (“TCO”), the termination of residential and roofed workplace rents by the lessor is subject to limited regulations. Even if it is for a fixed period, the lease agreement will not automatically terminate with the completion of the period stipulated in the agreement. However, if the tenant wishes, he/she may terminate the lease agreement by giving notice 15 days before the expiry of the term, or on the condition that it abides by the legal termination notice periods for indefinite term lease agreements. As a rule, the lessor has the right to terminate unilaterally after 10 years from the beginning of the lease contract in indefinite-term contracts, and at the end of the 10-year extension period in fixed-term lease contracts, by making a notification in accordance with the procedures specified in the law.




Although, as a rule, the right of unilateral termination is granted to the lessor only at the end of 10-year periods, the lessor can demand the evacuation of the lessor in case of certain conditions.




The reasons for eviction arising from the lessor are regulated in TCO article 350-352. This reasons:


- Housing requirement


- Workplace requirement


- Reconstruction or reconstruction


- New owner's requirement


can be listed as




Evacuation due to housing and workplace needs can be requested in case of housing need arises for the lessor himself, his spouse, descendants, descendants or other dependents as per the law. The criterion sought by the Court of Cassation in order to be able to demand eviction due to housing and workplace needs is that the need in question is genuine and sincere.[1] In the Supreme Court practice, while the reasons such as the lessor's residence, living with others, emerging new needs, expanding their business are considered as real and sincere; Reasons such as the emergence of possible needs, the desire to do a second job are not considered real and sincere. In addition, although it may seem real and sincere, the fact that the lessor has other immovable properties, the leased property is not suitable for the work to be performed, and requires significant renovations, causes the eviction request to be rejected.




The eviction lawsuit, which will be filed due to the need for housing and workplaces and for the reconstruction or reconstruction of the leased property, must be filed within one month, starting from the date to be determined by the end of the term in fixed-term lease contracts, the termination period in accordance with the general provisions regarding rent in indefinite-term contracts, and the deadlines stipulated for the notice of termination. In addition, if the lessor notifies the lessee in writing that it will file a lawsuit within the period stipulated for filing the lawsuit at the latest, it is stipulated that the period of filing a lawsuit will be deemed to be extended for one rental year.




The eviction lawsuit to be filed by the new owner, who subsequently acquires the leased property, must be filed after six months, provided that the tenant is notified in writing within one month from the date of acquisition. The person who subsequently acquires the leased property can also use his right to terminate the contract due to necessity through a lawsuit to be filed within one month starting from the end of the contract period. Therefore, if the end of the contract period is less than six months from the acquisition of the leased property, it is possible for the new owner to file a lawsuit in less than six months based on this provision.


 


In cases where the leased property is evacuated due to necessity or for the purpose of reconstruction and zoning, with an eviction lawsuit filed by the lessor, the leased property cannot be leased to anyone other than the former tenant unless three years have passed. The only exception to this situation is when there is a just cause. Although the definition of just cause is not included, it is accepted that force majeure should be understood more broadly. Therefore, the subsequent disappearance of the need that caused the evacuation will constitute a justifiable reason and the violation of the prohibition of re-leasing will not be on the agenda. liable to pay compensation.


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