Landlords’ request for eviction due to the residential needs of themselves or their family members is among the valid reasons for terminating the rental agreement. However, when filing an eviction lawsuit due to necessity, it is necessary to act in accordance with legal procedures. Issues such as eviction conditions due to necessity, landlord’s eviction request due to necessity, and tenant eviction are important elements that both parties should pay attention to.
In this article, we will discuss the steps that landlords requesting eviction due to necessity should follow, the operation of the process, and what you need to know about proof of sincerity of necessity. We will also touch upon the legal regulations regarding the needs of the landlord and family members that form the basis for the termination of the rental agreement.
Additionally, landlords’ eviction request due to necessity is only one of the legal reasons specified in the Turkish Code of Obligations. Legal reasons for tenant eviction also include different situations such as termination of the rental agreement, non-payment of rent, and eviction commitment. You can access detailed information on these topics from our previously published article titled “Legal Reasons for Tenant Eviction“.
1. Legal Legislation: Turkish Code of Obligations
Article 350 of the Turkish Code of Obligations determines the necessary conditions for the termination of the rental agreement and eviction requests due to necessity to be made on legal grounds.
TCO Article 350 is as follows:
“The landlord may terminate the rental agreement;
1. If there is a necessity to use the rented property for residential or workplace needs for themselves, their spouse, descendants, ascendants, or other persons they are legally obliged to support,
2. If substantial repair, expansion, or alteration of the rented property is necessary for the purpose of reconstruction or development and the use of the rented property is impossible during these works, in fixed-term contracts at the end of the term,
in indefinite-term contracts, by filing a lawsuit within one month from the date to be determined in accordance with the termination period and the periods stipulated for termination notice according to the general provisions regarding rent.”
Article 350 clearly states what the valid reasons and procedures for tenant eviction are. Landlords can request eviction due to necessity from their tenants by acting within the framework of this law.
According to legal regulations, the landlord can only request eviction for the residential needs of themselves and their family members. Requests made for other situations are not considered legally valid. In addition, in every case brought to court, concrete evidence must be presented that the requests are sincere and genuine.
2. Necessary Conditions and Evidence for Eviction Due to Necessity
When landlords request eviction from their tenants, they must act in accordance with the Turkish Code of Obligations. Eviction due to necessity can only be done under certain conditions. It is important for landlords to fulfill these conditions in order to be successful in the legal process. Below, a detailed explanation will be made about eviction conditions due to necessity.
Landlord’s Claim of Necessity
When landlords apply to the court with an eviction request due to necessity, they must first prove their needs. However, the claim of necessity is only accepted when it is based on a valid and sincere need.
The claim of necessity covers the residential needs of either the landlord themselves or family members. Below are details about valid claims of necessity:
- Residential need for the landlord themselves: The landlord can claim that the property is necessary for their own living space. This requires not residing in another residence.
- Residential need of family members: The residential needs of family members such as the landlord’s descendants (children) or ascendants (mother, father, grandfather, grandmother) can also be accepted as a valid reason. However, this need must also be proven.
The Need Must Be Sincere and Genuine
When filing an eviction lawsuit due to necessity, the landlord’s requests must be sincere and genuine. The court will carefully examine whether the landlord’s residential need is merely a temporary reason.
When landlords file an eviction lawsuit due to necessity, they must prove that the need is genuine and sincere. Proof of sincerity of necessity is one of the most important stages of the lawsuit. According to the Turkish Code of Obligations, it is not sufficient for landlords to merely state their personal needs. The needs of the landlord and family members must be supported by concrete evidence.
For example, if the landlord or their family is not living in another residence, the residential need can be proven more strongly. The court will evaluate whether the landlord really has a need by comparing it with other elements such as eviction due to new owner’s requirement. When an eviction lawsuit due to necessity is filed, if the requests are sincere, the lawsuit is more likely to result positively.
The landlord’s statement alone is not sufficient. The court looks for concrete evidence and documents in terms of proof of sincerity of necessity. For example:
- Documents showing that the landlord is residing in another residence,
- Evidence such as family members residing in another property.
The landlord must submit these documents to the court to prove that the claim of necessity is genuine and sincere.
3. Protection of the Tenant and Legal Rights
Tenants have legal rights against eviction requests due to necessity. Legally, landlords must sincerely prove their need and act accordingly. The tenant has the right to object to the eviction request, and the court also considers the tenant’s interests.
Upon the tenant’s objection, the court carefully evaluates the situation to determine whether the landlord really has a need. At this point, a decision is made taking into account the negative situations faced by the tenant (for example, the obligation to reside in another residence).
4. What Documents Are Required When Filing an Eviction Lawsuit Due to Necessity?
How to file an eviction lawsuit due to necessity? The process by which landlords request eviction from their tenants requires following certain steps. As a first step, mediation should be applied. When the two parties cannot agree on the termination of the contract and eviction in mediation meetings, an eviction lawsuit due to necessity is filed in court with the disagreement report prepared. When applying to the court, the documents that the landlord must submit include concrete evidence proving the residential need.
These documents may be:
- Documents regarding the current residential status of family members,
- Evidence that the landlord is residing in another property,
- Written documents based on the declaration of necessity.
Landlords requesting eviction due to necessity with these documents will increase the likelihood of the lawsuit being accepted.
5. Is a Notice Mandatory for Eviction Due to Necessity? What Are the Periods?
According to TCO Article 350/1, if the landlord themselves, their spouse, descendants, and persons they are obliged to support need it, or if the use of the rented property is impossible during reconstruction and repair of the property, the contract can be terminated by lawsuit within 1 MONTH from the end date of the contract.
- For example, the end date of the rental agreement dated 01.01.2024 will be 01.01.2025. The eviction lawsuit must be filed by 01.02.2024. A notice is not mandatory in lawsuits to be filed based on this article.
However, pursuant to TCO Article 353, if a notice is sent during the rental period, including the lawsuit filing period, the lawsuit filing period will not be limited to 1 MONTH and will extend until the end of the rental period. (For detailed explanation, see Court of Cassation 3rd Civil Chamber 2017/2787 E, 2017/3690 K. and dated 23.03.2017)
The relevant article is as follows: “If the landlord has notified the tenant in writing that they will file a lawsuit at the latest within the period stipulated for filing a lawsuit, the lawsuit filing period is deemed to have been extended for one rental year.“
- For example, if a notice is sent until the termination date of the rental agreement dated 01.01.2024, which is 01.01.2025, or within the 1-month lawsuit filing period after the termination date, a lawsuit can be filed until the end of the rental year following the notification, i.e., until 01.01.2026.
6. Points to Consider After Eviction Due to Necessity
- Prohibition of Renting for 3 Years: According to Article 355 of the Turkish Code of Obligations, if a property evicted due to necessity is rented to someone else within three years without a justified reason, the former tenant can claim compensation for the damage suffered. This compensation covers the tenant’s concrete damages such as moving costs and higher rent in the new property. In addition, if it is proven that the landlord acted in bad faith, the court may award additional compensation. In practice, this compensation amount can generally be up to 1 year’s rent of the old property and is determined by the court according to the extent of the damage.
- If the landlord does not use the property, legal sanctions may arise with the claim of bad faith.
Conclusion
The most important elements that landlords should pay attention to when filing an eviction lawsuit due to necessity are the proof of the sincerity of the claim of necessity and the correct submission of the required documents for the application to the court. The eviction conditions due to necessity, lawsuit process, and legal legislation discussed in this article are basic information that will help landlords protect their rights.
In legal processes such as tenant eviction, acting in accordance with the Turkish Code of Obligations and proving the need with concrete evidence is of critical importance for the lawsuit to result positively. Landlords clearly and clearly stating their needs and submitting the correct documents to the court helps the process to proceed quickly and effectively.
It is possible for landlords requesting eviction due to necessity to protect their legal rights and achieve a successful result in the tenant eviction lawsuit process by receiving expert legal support.
Why Should You Choose Us?
Taking the right steps in complex and legally sensitive processes such as eviction lawsuits due to necessity is of great importance. As BB Law & Legal Consultancy, we aim to provide the best legal solutions to our clients with our extensive experience and expertise in this field. Here are some reasons to choose us:
- Experienced Legal Consultants: Our expert lawyers with years of experience in rental law and eviction lawsuits inform and guide you at every stage of the process.
- Personalized Solution Approaches: Each of our clients’ situations is different. Therefore, we develop special strategies for each and offer them the most suitable solutions for their needs.
- Fast and Effective Process Management: We take all necessary steps for legal processes to proceed quickly and effectively. We mobilize all our resources to offer you the fastest solution.
- High Success Rate: BB Law & Legal Consultancy works meticulously to achieve the best results for its clients. We have proven our reliability in the sector with the high success rate we have achieved in eviction lawsuits due to necessity.
- Guarantee of Protecting Your Legal Rights: We defend your legal rights in the strongest way for both landlords and tenants. Throughout the process, we strive to get the best result by protecting your legal rights at every step.
If you are looking for a reliable solution partner, as BB Law & Legal Consultancy, we can guide you correctly and enable you to successfully complete eviction due to necessity processes. By contacting us, you can get the most accurate legal support.
For detailed information about disputes between tenants and landlords, rental agreements, and eviction lawsuits, you can review our Ankara Rental Law and Eviction Lawyer page.
