ERGUN

1) Especially with the developments experienced during and after the COVID-19 period, disputes between landlords and tenants, which occupied the public agenda for a significant period and continue to do so today, have led landlords to seek solutions in this regard. In the event of such disputes, this article aims to inform our readers about how landlords may evict their tenants.

2) Regulations regarding the grounds for eviction of tenants are set forth under Article 315 and Articles 347 et seq. of the Turkish Code of Obligations. Eviction due to default will also be addressed separately together with the provisions of the Enforcement and Bankruptcy Law.

I – Grounds for Eviction Arising from the Landlord

Eviction Due to the Landlord’s Need for Residential or Commercial Use

Pursuant to Article 350 of the Turkish Code of Obligations, eviction of the leased property may be possible if the landlord, the landlord’s spouse, descendants, ascendants, or other persons whom the landlord is legally obliged to support require the leased property for use as a residence or workplace. Examples include situations where the landlord resides in a rented property and seeks eviction of their own residence, or where the leased property is a workplace and the landlord wishes to evict the tenant in order to expand the commercial activities of their descendants. Naturally, the need to use the leased property as a residence or workplace must be genuine. Additionally, in fixed-term contracts, such lawsuits must be filed within one month from the end of the contract term, and in indefinite-term contracts, within one month from the date determined in accordance with the termination periods and notice periods stipulated in the general provisions on leases.

Eviction Due to the New Owner’s Need for Residential or Commercial Use

Another ground for eviction regulated under Article 351 of the Turkish Code of Obligations is the need of the new owner. If a person subsequently acquires ownership of a leased property, the new owner may request eviction of the leased property due to residential or workplace needs of themselves, their spouse, descendants, ascendants, or persons whom they are legally obliged to support, provided that such need is proven. In this case, the new owner must notify the tenant in writing within one month from the acquisition date and request eviction due to such need, and must file an eviction lawsuit after six months from the acquisition date. It should be particularly noted that the new owner may also choose to wait until the end of the lease term and file an eviction lawsuit within one month from the termination of the contract.

Eviction Due to Reconstruction or Zoning of the Leased Property

Pursuant to Article 350/2 and the relevant paragraphs of the Turkish Code of Obligations, eviction due to reconstruction or zoning of the leased property is possible if substantial repairs, expansion or alterations are required for reconstruction or zoning purposes, and if it is understood that residing or operating within the leased property during such works is impossible. In addition, such lawsuits must be filed within one month from the end of the contract term in fixed-term leases, and within one month from the date determined in accordance with the termination periods and notice periods in indefinite-term leases.

II – Grounds for Eviction Arising from the Tenant

Eviction Due to Written Eviction Undertaking

Article 352/1 of the Turkish Code of Obligations stipulates that if the tenant, after delivery of the leased property, has undertaken in writing to vacate the property on a specific date but fails to do so, the landlord may terminate the lease by initiating enforcement proceedings or filing a lawsuit within one month from that date. For eviction based on a written undertaking, the undertaking must be made personally by the tenant, must be in writing, must be given after delivery of the leased property, and the landlord must initiate enforcement proceedings or file an eviction lawsuit within one month from the specified date. If all these conditions are met cumulatively, eviction of the tenant based on a written eviction undertaking becomes possible.

Eviction Due to Two Justified Notices

Article 352/2 of the Turkish Code of Obligations provides that if the tenant causes two justified written notices due to failure to pay rent within the lease term in leases shorter than one year, or within one rental year or longer period in leases of one year or longer, the landlord may terminate the lease by filing a lawsuit within one month following the end of the lease term or, in leases longer than one year, the rental year in which the notices were given. The term “one year” should be understood as “one rental year.” Additionally, the notices must be in writing, must specify the rent period for which payment is demanded, and the eviction lawsuit must be filed within one month following the end of the lease term.

Eviction Due to Tenant’s Default

Article 315/1 of the Turkish Code of Obligations states that if the tenant fails to perform their obligation to pay rent or ancillary expenses that have become due after delivery of the leased property, the landlord may grant the tenant a written period and notify that the contract will be terminated if the obligation is not fulfilled within that period.

Article 315/2 provides that the period granted must be at least ten days, and at least thirty days in residential and roofed workplace leases. This period begins on the day following the date of written notification to the tenant.

Another legal remedy available to the landlord is to initiate non-judicial enforcement proceedings for eviction of the leased property. If the tenant fails to pay the due debt, the landlord may initiate enforcement proceedings through attachment and eviction (Sample No. 13 in practice). If the tenant does not object to the payment order within the prescribed period, the lease agreement is deemed accepted and the landlord may request eviction from the enforcement court. If the tenant objects to the payment order but explicitly accepts the lease agreement or does not clearly and definitively deny it, the lease is deemed accepted and the landlord may request removal of the objection and eviction. If the tenant denies the lease agreement, the landlord must file an eviction lawsuit before the civil court of peace. If the tenant pays the rent debt within the payment period but fails to pay interest, enforcement expenses and attorney fees within the same period, eviction cannot be requested from the enforcement court.

III – Eviction Due to the Existence of a Suitable Residence Owned by the Tenant or the Tenant’s Spouse

Pursuant to Article 352/3 of the Turkish Code of Obligations, if the tenant or the spouse living with the tenant owns a residence suitable for habitation within the same district or municipal boundaries, and the landlord was unaware of this at the time of conclusion of the lease agreement, the landlord may terminate the lease by filing a lawsuit within one month from the end of the contract term.

IV – Termination of Lease Agreements Exceeding Ten Years and Eviction of the Tenant

Termination of Fixed-Term Lease Agreements Exceeding Ten Years

Article 347/1 of the Turkish Code of Obligations provides that unless the tenant gives notice at least fifteen days before the expiration of a fixed-term lease for residential or roofed workplace leases, the contract is deemed extended for one year under the same conditions. The landlord may not terminate the lease based on expiration of the term alone. However, after the end of the ten-year extension period, the landlord may terminate the lease without stating any reason by giving notice at least three months before the end of each subsequent extension year. By way of example, a lease agreement concluded on 01/01/2012 will be extended annually unless terminated by the tenant. The period between 01/01/2013 and 31/12/2022 constitutes the ten-year extension period. The period between 01/01/2023 and 31/12/2023 is the first extension year following the ten-year period. In this example, the landlord may request eviction as of 01/01/2024 by serving a termination notice that reaches the tenant by 30/09/2023.

Termination of Indefinite-Term Lease Agreements Exceeding Ten Years

In indefinite-term lease agreements, the tenant may terminate the lease at any time, whereas the landlord may terminate the lease after ten years from the commencement of the lease by giving notice in accordance with the general provisions.

References

Cevdet YAVUZ, Faruk ACAR and Burak ÖZEN, Lectures on Law of Obligations (Special Provisions), Istanbul, Beta, 16th Edition, 2019

Baki KURU, Textbook of Enforcement and Bankruptcy Law Written According to the Appeal System, Ankara, Yetkin, 3rd Edition, 2019.

www.mevzuat.gov.tr