Legal Reasons for Tenant Eviction

Rental relationships are an important type of contract that requires legal assurance for both parties. However, in some cases, landlords may request that their tenants vacate the property. It is of great importance that eviction requests comply with the law and are carried out with the correct procedures. The eviction of the tenant from the rented property is a matter with many important procedures.

The Turkish Code of Obligations regulates the valid reasons for tenant eviction in detail. These regulations aim to both protect the rights of landlords and prevent tenants from suffering injustice. However, many landlords and tenants face serious difficulties because they do not know what steps to take in eviction processes.

In this article, we explain the legal reasons valid for tenant eviction and the processes step by step. By mastering the reasons for eviction, you can be prepared for the legal situations you may encounter.

In case landlords want to evict their tenants, they must fulfill the legal conditions specified in the Turkish Code of Obligations. Valid reasons for tenant eviction are based on both the type of rental agreement and the obligations of the tenant and landlord. Here are the legal reasons for tenant eviction:

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1. Non-Payment of Rent

Non-payment of rent is the most common reason for eviction. The landlord can request eviction due to unpaid rent from the tenant.

• A notice must be sent to the tenant through a notary or in writing.
• If the tenant does not pay the rent debt despite the notice, the right to file an eviction lawsuit arises.
• The eviction process in case of non-payment of rent is quite sensitive for landlords. Getting legal support is important in this process.

Irregular payment of rent is one of the most frequently applied reasons for tenant eviction under the Turkish Code of Obligations. The landlord can request eviction by following certain procedures when the tenant does not pay the rent. However, there are some important points to be considered for this process to proceed within the legal framework and to protect the rights of the parties. To learn about the eviction of non-paying tenants and the legal rights in this process, you can read our article titled How to Evict a Tenant Who Doesn’t Pay Rent? Legal Rights and Process.”

What Should the Landlord Do in Case of Non-Payment of Rent?

1. Obligation to Send Payment Notice:
   The landlord must send a written payment notice to request the unpaid rent from the tenant. This notice:
   • Can be sent through a notary.
   • Can be made in writing by registered mail or hand delivery (in hand delivery, obtaining a signature is mandatory).
   • The notice generally gives the tenant a 30-day period to pay the rent debt.
2. Process After Sending the Notice:
   If the tenant does not pay the rent debt within the given period, the landlord’s right to file an eviction lawsuit arises. In addition, if payment is not made, execution proceedings can be initiated for the rent receivable.
3. Creating a Legal Eviction Reason:
   According to the Turkish Code of Obligations, if the tenant within one rental year:
   • Does not pay two or more rent payments on time, it gives the landlord the right to file an eviction lawsuit.
   • Note: For eviction request, unpaid rent debts must be proven with documents.

Important Tips for Landlords:

• In cases where rent is not paid, it is necessary to fully implement legal procedures first, rather than directly requesting eviction.
• It is important that the notice is sent correctly and the periods are determined in accordance with the law.
• Getting professional legal support prevents possible errors in the process.

Situation from the Tenant’s Perspective:

If the tenant pays the rent debt after receiving the notice, the eviction request becomes invalid. However, there is an obligation to pay with interest for unpaid rents.

Non-payment of rent is one of the most frequently used reasons for landlords to request eviction. However, proper fulfillment of legal requirements in this process protects the rights of both the landlord and the tenant. Getting legal consultation in such cases speeds up the process and makes it safe.

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2. Landlord’s Right to Evict the Rented Property Due to Necessity

The landlord’s need for housing for themselves or their first-degree relatives is a valid reason to evict the tenant according to the Turkish Code of Obligations. However, for this process to proceed legally, certain conditions must be met. Eviction due to necessity is regulated to protect the rights of both the landlord and the tenant.

Additionally, to learn in detail about the necessity situation and eviction conditions in this context, you can review our article titled Eviction Lawsuit Due to Necessity: Conditions, Process and Legal Legislation.

In Which Cases Can the Landlord Request Eviction?

The landlord can evict the tenant due to necessity in the following cases:

1. Use for Themselves: If the landlord wants to use the property for themselves.
2. Use for Family Members: If the landlord’s first-degree relatives such as spouse, children, parents need housing.
3. Professional or Commercial Need: If the landlord or their family needs to engage in commercial activity in a property to be used as a workplace.

The Need Must Be Sincere and Genuine

For the landlord to request eviction due to necessity, the need must be sincere and genuine. The court considers the following matters when evaluating the claim of necessity:

• Concrete evidence that the need is not in bad faith.
• The economic or social situation of the landlord.
• Whether the landlord has another residence.

For example, the landlord having another property in the same area may undermine the sincerity of the claim of necessity.

Process to Follow for Eviction Request

1. Termination of Rental Agreement:
   • The landlord must make the eviction request due to necessity by applying to the court within 1 month from the end of the rental agreement. 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)
   • If the rental agreement is for an indefinite period, the legal period is waited after the termination notice is made.
2. Filing the Eviction Lawsuit:
   • The landlord must apply to the court with documents proving the reason for necessity.
   • Documents that can be submitted to the court:
     • Population registration sample (to prove that the need is for family members),
     • Title deed records,
     • Other documents regarding the use of the property.
3. Decision and Implementation:
   • If the court accepts the reason for necessity, it decides on the eviction of the tenant. The eviction decision is implemented through the execution office after it becomes final.

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.

The landlord’s eviction request due to necessity is a legal right regulated by law. However, in this process, the documents to be submitted to the court, the correct use of periods and compliance with legal procedures are very important. Both the landlord and the tenant should carefully follow the process to protect their legal rights. If you want to get more detailed information about eviction lawsuits due to necessity, you can refer to our article titled “Eviction Lawsuits Due to Necessity: Conditions and Process”, where we comprehensively address this topic.

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3. Tenant’s Eviction Commitment

The tenant’s written commitment to vacate the rented property on a certain date constitutes a valid reason for eviction according to the Turkish Code of Obligations. However, for this commitment to be legally valid and to avoid problems in the eviction process, certain conditions must be met. Eviction commitment provides an important legal basis for the landlord to reclaim the right to use the property.

Additionally, to learn more about the legal power and usage process of eviction commitment, you can review our article titled Eviction Commitment: The Most Powerful Tool for Landlords.

Validity Conditions of Eviction Commitment

1. Being in Writing:
   The eviction commitment must be made in writing. Verbal commitments are not legally valid.
2. Being Signed by the Tenant:
   The commitment letter must be signed by the tenant personally. If the tenant is a company, the signature of the authorized person is required.
3. Being Given by the Tenant’s Free Will:
   The commitment must be given by the tenant’s own free will without any pressure or coercion. Otherwise, the tenant can file a lawsuit for the cancellation of this commitment.
4. The Commitment Being Taken After the Rental Agreement:
   The eviction commitment must be given after the rental agreement is signed. Commitments taken at the same time as the rental agreement are generally considered invalid.
5. Containing a Specific Date:
   The commitment letter must contain a definite date when the tenant will vacate the property. If no date is specified, the commitment letter may cause legal problems.

Tenant’s Rights

• The tenant can request cancellation in court by claiming that they gave the eviction commitment under pressure or that it was arranged outside their free will. In this case, the court will examine the conditions in the process in detail.

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4. Eviction Due to Requirement, Reconstruction and Development

The Turkish Code of Obligations grants landlords the right to evict the tenant if the property needs to be reconstructed, developed, or requires substantial renovation. However, this right is subject to certain conditions and legal procedures. In this section, we address the details of eviction due to requirement, reconstruction and development.

Which Situations Are Valid for Eviction?

The landlord can request eviction in the following cases:

1. Substantial Repair or Renovation:

1. The property becoming unusable or needing comprehensive renovation.
2. If the use of the rented property is not possible during this renovation or repair.
3. Reconstruction or Development:

2. If the property needs to be completely reconstructed.
3. If the property needs to be demolished and rebuilt within the scope of the development plan.
4. Re-Use Requirement:
5. The landlord planning to use the property for a different purpose (for example, using it as a workplace instead of a residence).

Steps to Follow in the Eviction Process

1. The Requirement Being Real and Sincere:

1. The landlord’s need for repair, reconstruction or development must be real and sincere.
2. This situation must be proven with documents (development plan, renovation project, building permit, etc.).
3. End of Rental Agreement:

2. The eviction request must be made within 1 month from the end of the rental agreement period.
3. If the rental agreement is for an indefinite period, legal periods should be taken into account after the termination notice.
4. Court Application:

3. The landlord must file an eviction lawsuit in court with documents proving the reasons for necessity.
4. During the court process, technical reports, documents and permits supporting the need for renovation, repair or reconstruction must be submitted.
5. Eviction and Implementation:
6. After the court gives an eviction decision, the eviction of the property can be ensured through execution.

Points to Consider After Eviction

• Obligation to Offer to Former Tenant:

• After the property is reconstructed, the landlord must offer the property to the former tenant.
• If this offer is not made, the former tenant can claim compensation.
• Not Being Used Without Justified Reason:
• If the landlord uses the property for other purposes with the eviction reason, a compensation obligation arises towards the former tenant.

Compensation and Sanctions

• Rights of the Former Tenant:

• If the property is rented or used to someone else without justified reason after eviction, the former tenant can claim compensation up to 1 year’s rent of the property.
• They can also claim moving costs and other damages suffered.
• 3-Year Prohibition of Renting:
• The landlord cannot rent the property to someone else for 3 years after eviction. In case of violation of this prohibition, the former tenant can file a compensation lawsuit.

Eviction due to requirement, reconstruction and development is a process that requires attention to legal procedures for both landlords and tenants. Landlords must prove their needs with correct documents, and tenants should closely follow the process to protect their rights. Getting professional legal support in such cases will provide great convenience for the parties.

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5. Eviction Due to Expiration of 10-Year Rental Extension Period

The Turkish Code of Obligations regulates the automatic renewal of rental agreements after the expiration of their term. However, after the 10-year extension period expires, the landlord has the right to terminate the contract and request eviction. This regulation provides a legal opportunity for the landlord to liberalize the right to use the property by terminating the contract with long-term tenants.

What is the 10-Year Extension Period?

• Fixed-Term Rental Agreements: From the end of the initial contract period, the contract is automatically renewed every year under the same conditions.
• Calculation of 10 Years: The 10-year extension period from the date the rental agreement started grants the landlord a legal right to request eviction.
• For example: A rental agreement that started on January 1, 2010 ends on December 31, 2010. If the tenant has continued to stay, the contract is automatically renewed every year and the 10-year extension period ends on December 31, 2020.

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Conditions for Eviction Request

1. Notification at Least 3 Months in Advance:

1. The landlord must make a written notification to the tenant to terminate the rental agreement at the end of the 10-year extension period.
2. This notification can be made through a notary or by registered mail.
3. Taking Legal Periods into Account:
4. The notification must be delivered to the tenant at least 3 months before the end date of the rental agreement. Otherwise, the eviction request may be considered invalid.
5. No Justified Reason Required:
6. When the 10-year extension period expires, the landlord does not have to show a justified reason to request eviction. This regulation provides convenience to the landlord.

The expiration of the 10-year extension period grants landlords the right to request eviction of the property from the tenant. However, for this right to be exercised, attention must be paid to periods and notification procedures. It is important for both parties to carefully follow the process and get legal support when necessary to protect their legal rights.

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6. Eviction Due to New Owner’s Requirement

In case of a property changing hands, the new owner can request the eviction of the tenant when there is a need to use the property for themselves or their first-degree relatives. However, this process is subject to certain legal procedures and must be carried out carefully to protect the rights of both parties. Turkish Code of Obligations Article 351 regulates this right of new owners.

Conditions for New Owner’s Eviction Request

1. Acquisition of the Property by the New Owner:
2. The ownership of the rented property must change hands (through purchase, inheritance, donation, etc.).
3. Written Notification:

2. The new owner must notify the tenant in writing of eviction within 1 month from the acquisition of the property.
3. This notification must be made through a notary or by registered mail.
4. A Real and Sincere Requirement:

3. The new owner must have a need to use the property for themselves, their spouse, children, parents or other persons they are legally obliged to support.
4. This requirement must not be in bad faith and must be proven to the court with concrete evidence (for example, residence change plans, current housing inadequacy, etc.).
5. 6-Month Period:
6. The new owner can file an eviction lawsuit 6 months after taking over the ownership of the property. This period is regulated to ensure that the tenant has sufficient time to move.

Points to Consider After Eviction

• 3-Year Non-Rental Condition:
  The new owner cannot rent the evicted property to another tenant for 3 years. Otherwise, a compensation obligation may arise towards the former tenant.
• Offer to Former Tenant:
  If the property is to be rented again, the new owner must make an offer to the former tenant as a priority. If this offer is not made, the former tenant can apply to the court and claim compensation.

Important Points for Landlord

• Documentation of Requirement:
  It is important to prepare documents showing that the new owner’s requirement is real and sincere.
• For example, reports on the inadequacy of the current residence, plans that the property will be used as a workplace, etc.
• Tracking Legal Periods:
  Legal periods such as the 1-month notification period and the 6-month waiting period must be meticulously tracked. Missing periods may invalidate the eviction request.

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7. Eviction Due to Tenant and Spouse Having a Residence Within the Same District Boundaries

The Turkish Code of Obligations grants the landlord the right to request eviction of the property if the tenant or their spouse has another residence within the same district boundaries. This regulation aims to protect the landlord’s right to rent the property to those who actually need it. However, for this eviction request to be justified and valid, certain conditions must be met.

Conditions for Eviction

1. The Other Residence Being Suitable for Living:

1. The tenant or their spouse must have a suitable, usable residence within the same district boundaries.
2. If the residence in question is uninhabitable (for example, a ruin or unusable), the eviction request is not accepted.
3. The Location Being Within District Boundaries:
4. The other residence owned by the tenant must be within the same district boundaries as the rented property. Residences in different districts cannot be used as a reason for eviction.
5. Proof of Ownership:
6. The tenant or their spouse owning another residence must be proven with title deed records or relevant official documents. Eviction requests are not accepted with mere claims.
7. Without Landlord’s Claim of Need:
8. In this case, the landlord does not have to prove that they need the property. However, the existence of the other residence must be proven by legal procedure.

The tenant and their spouse having another suitable residence within the same district boundaries gives the landlord the right to request eviction. However, in this process, evidence must be presented completely and procedures must be followed. Landlords and tenants should get legal support to protect their legal rights in this process.

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8. Eviction Due to Duty of Careful Use and Respect for Neighbors

Tenants are obliged to use the rented property carefully and respect neighbors under the rental agreement. This obligation is regulated in the general provisions of the Turkish Code of Obligations and in case of violation, the landlord may have the right to request eviction. The tenant’s failure to fulfill these obligations can lead to both damage to the property and complaints from neighbors.

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Why Should You Choose Us?

1. We Offer Fast and Effective Solutions:
   We quickly solve your tenant problems with practical methods such as eviction proceedings without judgment, making your property ready for use again. We know how valuable time is in legal processes and act accordingly.
2. Experience and Expertise:
   With our years of experience in rental law and execution law, we provide professional support at every step. We offer an expert approach in all stages of the process, from contract details to execution office procedures.
3. Solutions Tailored to You:
   Each client’s situation is different. Therefore, we develop individualized legal strategies tailored to your needs and goals.
4. We Are With You in All Stages of the Process:
   We are with you in all processes such as preparing notices, initiating execution proceedings and eviction procedures, and we follow every step on your behalf. We also provide professional support in transitioning to the court process when necessary.
5. Transparent Communication and Accessibility:
   We manage the process transparently by sharing every step with you. We always provide clear and understandable answers to your questions and take into account the feedback we receive from you.
6. Ankara-Based Advantages:
   Our office located in Ankara conducts the process faster and more effectively thanks to its strong communication with local execution offices and courts.
7. Satisfaction-Oriented Approach:
   We always put the satisfaction of our clients first and work to meet your expectations and ensure that you get the best result at the end of the process.

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.