The Turkish Code of Obligations No. 6098 ("Code") contains provisions in favor of the lessee, and the lessor may evict the lessee from the leased premises only for the reasons enumerated in accordance with the principle of limited number and the conditions stipulated in the Code. The regulations on the eviction rights granted to the lessor in residential and roofed workplace leases are basically handled under two main headings: eviction by notice and eviction through litigation. For both eviction reasons, the fulfillment of the conditions listed in the Code is sought, and the separation of the contract into definite and indefinite terms likewise has an effect. For this article to be fully comprehended, the concepts of residence and roofed workplace and the concepts of definite and indefinite term contract will be examined first, then these conditions will be examined in this article and the use of the rights granted to the lessor will be revealed.
Although neither the concepts of residential nor roofed workplace are defined in the Code, practice and doctrine have filled these concepts. Moreover, the Code does not make a distinction with respect to residentials, and the condition of being roofed is explicitly required for workplaces. A roofed workplace is a covered immovable that is leased for the main purpose of conducting a commercial activity. In this case, these conditions will not apply to land that is initially leased as vacant. In the event that a building is built on the initially vacant land in violation of the contract, the conditions we specify in our article will not be applied. In short, the provisions stated in this article do not apply to lease agreements other than housing and roofed workplaces.
The type of contract will come into question in cases of eviction by notice. If the parties have not stipulated a term in the contract, it will be defined as an indefinite-term contract, and if a term is stipulated in the contract, it will be defined as a fixed-term contract.
- Eviction of the Lessee by Notice
For the eviction of the lessee by notice, the lease agreement must have been in effect for at least ten years. In indefinite-term lease agreements exceeding ten years, the lessor may terminate the agreement by giving written notice without giving any reason, provided that the lessor pays attention to the legal termination period, which is the end of the six-month lease period, and the termination notice period of three months.
In the case of fixed-term contracts, if the term stipulated in the contract is extended for ten years, the lessor may terminate the contract by giving written notice at least 3 months before the end of each extension year after the ten-year extension year.
- Eviction of the Lessee through Litigation
The cases of eviction through litigation are listed in Article 350 and the following articles of the Code and are limited in number. According to the established needs of the Court of Cassation, a new one cannot be added to this limited number of cases and cannot be changed against the lessee. Although changes cannot be made against the lessee, changes can be made in favor of the lessee. The cases of eviction through litigation limited in number by the Code are as follows:
- Eviction Due to the Lessor's Housing Needs
According to Article 350 of the Code, if the lessor is obliged to use the leased property due to the need for housing for themselves, their spouse, their descendants, their ascendants or other persons who are legally dependent on them, they may evict by filing a lawsuit. If one of the listed needs is realized, if this need is continuous, real, sincere and compulsory, a lawsuit can be filed at the end of the contract period in fixed-term lease agreements, and in indefinite-term lease agreements, a lawsuit can be filed within a 1-month grace period by complying with the termination period and notification periods.
- Eviction Due to the Lessor's Need for a Workplace
According to Article 350 of the Law, if the lessor is obliged to use the leased property for himself, his spouse, his spouse, his descendants, his ascendants or other persons who are legally dependent on him due to the need for a workplace, he may evacuate by filing a lawsuit. If one of the listed needs is realized, if this need is continuous, real, sincere and compulsory, a lawsuit can be filed at the end of the contract period in fixed-term lease agreements, and in indefinite-term lease agreements, a lawsuit can be filed within a 1-month statute of limitation by complying with the termination period and notification periods.
- Eviction Due to the Needs of the New Owner
According to Article 351 of the Code, if the person who acquires the leased property later is obliged to use it due to the need for housing or workplace for themselves, their spouse, their descendants, their ascendants or other persons who are obliged to take care of them by law, they will be able to terminate the lease agreement with an eviction lawsuit to be filed after 6 months, provided that they notify the lessee in writing within 1 month starting from the date of acquisition. In this eviction reason, as in the previous ones, the need must be real, sincere and compulsory.
It is especially worth noting that if the lessee is a legal entity, an eviction lawsuit cannot be filed due to the needs of the legal entity's partner or authorized person, and a lawsuit can only be filed due to the needs compatible with the legal entity's own field of activity.
i. Eviction Due to the Lessor's Housing Needs
- Eviction Due to Reconstruction or Zoning
According to Article 350 of the Code, if it is necessary to repair, extend or change the lease for the purpose of reconstruction or zoning, and if it is impossible to use the lease during these repairments, a lawsuit may be filed and eviction may be possible at the end of the contract period for fixed-term lease agreements, and within one month for indefinite-term agreements, by complying with the termination period and notification periods.
- Eviction Due to Eviction Notice
The document in which the lessee undertakes in writing to evacuate the leased premises on a certain date against the lessor is called a written eviction notice, and pursuant to Article 352 of the Code, the lessee must evacuate the leased premises with a legally valid written eviction notice. For the written eviction notice to be considered valid, it must be issued after the delivery of the leased property. In other words, the issuance of a written eviction notice at the time of signature of the lease agreement is not in accordance with the law and is not valid.
If the lessee does not evacuate the immovable property despite a legally valid written eviction notice, the lessor can make eviction possible by applying for enforcement or filing a lawsuit within 1 month starting from the date of the notice.
- Eviction Due to Two Justified Warnings in Case of Non-Payment of Rent
Among the obligations of the lessee is the obligation to pay the rent on time, and if this obligation is not fulfilled, the lessor may terminate the contract by filing a lawsuit if the lessor has issued two justified warnings to the lessee in accordance with Article 352 of the Code.
In lease agreements with a term of less than one year and a term of one year, if two justified warnings have been given within the lease term, the lease agreement may be terminated within one month starting from the end of the lease term; in lease agreements with a term of more than one year, if two justified warnings have been given within the lease term, the lease agreement may be terminated by filing a lawsuit within one month starting from the end of the year in which the warnings were made.
- Eviction Due to the Lessee or Their Spouse Having a Residence in the Same District
Pursuant to Article 352 of the Code, if the lessee or their spouse has a residential suitable for residence within the municipal boundaries of the same district or town, the lessor may terminate the contract with a lawsuit to be filed within 1 month starting from the end of the contract, provided that the lessor is not aware of this residential.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.