Eviction Due to Need in Residential and Covered Workplaces

According to Article 350 of the Turkish Code of Obligations (TCC), if the landlord has the necessity to use the rented property for housing or workplace needs for themselves, their spouse, direct relatives in ascending and descending lines, and other persons they are obliged to support, they may terminate the lease contract. The situation where housing owners evict tenants due to their children's marriage is one of the most common examples of eviction lawsuits due to need.

Example of Court of Cassation Decision

"The attorney of the plaintiff stated that his client's son is 28 years old and preparing for marriage, currently living with his father and mother, and being of legal age, wishes to move to a separate house, and with this lawsuit filed on time, requested the eviction of the rented property. According to Article 26 of HUMK, the judge is bound by the results of the request and cannot decide on more or something else. Since the attorney of the plaintiff in the petition explained that the person in need is preparing for marriage and stated that the person in need, being of legal age, wishes to move to a separate house, it should be accepted that the reason for eviction is not based on the marriage preparation of the person in need who is of legal age, but on the request for eviction of the rented property related to wanting to live separately and independently from the mother and father."

Persons Obliged to Support

The concept of persons obliged to support entered our law with the Code of Obligations No. 6098. Siblings fall within the scope of persons obliged to support. Naturally, the lease contract may also be terminated due to the mandatory housing need of siblings. What is important is that the need be real, sincere and mandatory. In addition to the need for housing and covered workplace being real and sincere, the need must have been realized and must be continuous.

New Owner's Requirement

If the person who subsequently acquires the rented property has the necessity to use it for housing or workplace needs for themselves, their spouse, descendants, ascendants, or other persons they are obliged to support by law, they may terminate the lease contract with a lawsuit to be filed six months later, provided that they notify the tenant in writing within one month from the date of acquisition. The person who subsequently acquires the rented property may, if they wish, also exercise the right to terminate the contract due to need through a lawsuit to be filed within one month from the end of the contract term.

When Can an Eviction Lawsuit Be Filed?

The eviction lawsuit due to the need to use the rented property as housing or workplace must be filed within 1 month from the end of the fixed-term lease contract, and for indefinite-term contracts, from the date to be determined in accordance with the termination period or the periods stipulated for termination notice according to the general provisions regarding rent.

For example, in an indefinite-term lease contract starting on May 1, 2019, in order for the dates at the end of six-month periods, October 31, 2019 and April 31, 2020, to be the beginning of the mandatory one-month period for filing an eviction lawsuit, the tenant must be notified before July 31, 2019 or January 31, 2020. In this case, the period required for filing an eviction lawsuit due to need will be one month from October 31, 2019 and April 31, 2020.

In indefinite-term lease contracts, each 6 months from the date the lease contract was made is a termination period, and in order to terminate at the end of this 6-month period, the landlord must notify the tenant whose eviction is requested of the termination at least 3 months in advance.

Extension of Lawsuit Period

If the landlord has notified the tenant in writing that they will file a lawsuit at the latest within the period stipulated for filing the lawsuit, the period for filing a lawsuit is considered extended for one rental year.

Which Court is Competent and Authorized?

The competent court for eviction lawsuits due to need is the civil court of peace, and the authorized court is the court where the rented property is located.

Re-rental Ban as a Deterrent in Unlawful Eviction

When the landlord ensures the evacuation of the rented property for the purpose of need, they cannot rent the rented property to anyone other than the former tenant unless three years have passed, without just cause. If the landlord acts contrary to these provisions, they are obliged to pay compensation to the former tenant of not less than one year's rent paid in the last rental year.

Conclusion

Eviction due to need grants the landlord the right to terminate the lease contract in case of need for housing or workplace for themselves or their relatives. However, for this right to be exercised, the need must be real, sincere and mandatory, legal periods must be complied with, and notification must be made properly. In case of unlawful eviction, the landlord will be obliged to pay significant compensation to the former tenant.