Recent movement in the real estate market has led to an increase in disputes between tenants and landlords. The Turkish Code of Obligations (TBK) draws certain boundaries to protect the rights of both the tenant and the owner of a residence or roofed workplace. The process of “evicting a tenant” — one of the most frequently searched topics online — cannot be carried out without the just causes set out in the law.
What Are the Conditions for Eviction Due to Need?
If a need for a residence or workplace arises for the landlord themselves, their spouse, descendants (children, grandchildren), ascendants (mother, father) or other persons they are legally obliged to support, they have the right to terminate the lease through court proceedings. However, this need must be genuine, sincere and compulsory. A need that has not yet arisen, or is merely a possibility, is not accepted as grounds for eviction.
What Makes an Eviction Undertaking Valid?
For eviction undertakings — frequently used in practice — to be legally valid, certain formal requirements are sought:
- It must be in writing: Verbal undertakings are legally invalid.
- It must be issued after the lease agreement: The date the undertaking is given cannot be the same as the signing date of the lease agreement. It is essential that the tenant gave this undertaking of their own free will.
- It must contain a specific date: The date on which the property will be vacated must be clearly stated.
Important note: Eviction requests that are not prepared in accordance with legal requirements, or not acted upon within the applicable period, may lead to loss of rights. Conducting the process alongside a legal professional prevents the parties from suffering losses.