What is eviction of the tenant?
How to evict a tenant has become one of the frequently asked questions in recent times. Property owners want to remove their tenants for various reasons. Evicting a tenant who has a ten-year occupancy right according to the laws of the lease can only be achieved under certain circumstances. In addition, legal requirements that protect disadvantaged tenants also need to be fulfilled regarding these eviction situations. Therefore, eviction cannot be considered without the situations explained below, and eviction cannot be carried out without fulfilling the legal conditions for these situations.
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How can a tenant be evicted?
Tenants can be evicted through a lawsuit or through enforcement proceedings, depending on the current situation and the landlord's request. Therefore, evicting a tenant is not dependent on a single procedural form or a single reason. However, it is not possible to evict a tenant from the property without fulfilling the procedural requirements and without legally valid reasons. Attempting to evict a tenant without meeting these requirements would be illegal, and if such eviction is carried out, there may be financial penalties in the ongoing process. Therefore, it is important to seek legal assistance from a lawyer during the process. Otherwise, unforeseen and unwanted consequences may occur.
Termination of the Contract and Eviction after the 10-Year Period
A lease agreement can be made for a fixed or indefinite period. In the event of the expiration of the contract term, the landlord is not given the right to evict the tenant directly. In contracts with a duration of less than 10 years, the tenant can only leave the rented property at their own discretion upon the expiration of the contract term.
The landlord's right to evict the tenant after the end of the contract only becomes possible if the tenant has been a tenant for 10 years. The landlord cannot evict the tenant from the property for any reason other than justifiable reasons, before the end of this 10-year period. In this way, for the eviction to take place, written notification must be given to the landlord three months before the end of the lease agreement that has been renewed for the 10th time.
In summary:
Contract must expire
Must be renewed 10 times
Written notice must be given 3 months before the end of the last renewal
For example;
A 3-year lease agreement is signed on January 1, 2011.
The contract expires on January 1, 2014.
The contract must be renewed 10 times.
Written notice must be given on October 1, 2023.
Eviction on December 31, 2023.
If Rent is Not Paid, Eviction is Possible
If the tenant does not pay the rent, the landlord may initiate eviction proceedings. However, in order for eviction to take place, there are two important conditions that must be met. Firstly, the tenant must have failed to pay the rent twice within the same rental period. This alone is not sufficient for eviction. Secondly, a written warning must be sent to the tenant for the unpaid or delayed rent.
In summary, the conditions are:
The rent has not been paid twice
Two valid warning notices have been sent
After these conditions are met, it is possible to initiate eviction proceedings to ensure the tenant's eviction. However, when filing an eviction lawsuit, another important point to be considered is that it must be filed within 1 month after the end of the rental period covered by the two valid warning notices.
To explain the process with an example:
A 3-year lease agreement is signed on January 1, 2011.
The rent for May and July of 2011 is not paid.
Separate warning notices are sent for both months without any payment being made.
Eviction proceedings are initiated by February 1, 2012.
Eviction Due to Necessity
If the lessor, their spouse, descendants, ancestors, or another person they are responsible for taking care of has a genuine and compelling need for the leased property, the tenant can be evicted. For eviction due to necessity, the need must be sincere and mandatory, and furthermore, the lessor must not have another property with similar qualities in the same area.
Therefore, in order for the eviction to take place, if the lease is for a specific term, a lawsuit must be filed within 1 month after the end of the lease term. If the lease is for an unspecified term, the lawsuit must be filed within 1 month after the date determined in accordance with the termination period and notice period provided for in the lease agreement.
In lawsuits filed without adhering to these time periods, the eviction cannot be obtained and the case will be dismissed, and the litigation costs will also be borne by the party who filed the lawsuit.
In summary, the conditions are as follows:
The landlord or their close relatives stated in the law must have a genuine and necessary need for the property.
The need must be sincere and mandatory.
The landlord must not have any other property with similar characteristics in the same area.
The eviction lawsuit must be filed within 1 month from the specified date.
By complying with these conditions and procedures, it is possible to evict the tenant through a lawsuit based on the need of the landlord or their close relatives. However, it should be noted that the sincerity and necessity of the need must be evaluated separately for each individual case.
Another important aspect related to this eviction reason is that the property cannot be rented out for 3 years after the eviction. If the property is rented out to someone else within this period, the previous tenant is entitled to receive financial compensation not less than one year's rent paid in the last rental year. If there is no need for the property within the 3-year period, it cannot be rented out to someone else, and the evicted tenant must be notified that the need no longer exists.
Eviction due to New Owner's Need
When a rented house or business premises is sold, the lease agreement does not automatically terminate. The new owner is also bound by the previous lease agreement. Since the lease agreement does not require a specific form, the existence of a written lease agreement is not necessary. It is enough to have a rental relationship. The new owner who acquires the leased property can terminate the lease agreement and evict the tenant due to their own or their close relatives' need. However, again, the scope of this need can be expressed as being used by the new owner or their close relatives as a residence or workplace of the leased property.
Therefore, in order for the tenant to be evicted, first and foremost, the mentioned need must be genuine and necessary. Objectivity is essential as sincerity and necessity will be evaluated by the court. Another condition is that the entire property in question must have been newly acquired, meaning that the new landlord must not have owned a part of it before.
After these conditions are met, eviction can be possible if the time limits specified by the law are observed. The time limits specified by the law require the new landlord to send a notice to vacate the property within 1 month of acquiring the property, and to vacate the property 6 months later. If the tenant does not vacate the property within this 6-month period, the new landlord can file an eviction lawsuit and take possession of the property.
In summary, the conditions are as follows:
The need of the new landlord or their close relatives
The need must be genuine and necessary
A notice to vacate the property must be sent within 1 month of acquisition, and the tenant must vacate the property 6 months later
An eviction lawsuit can be filed after the 6-month period.
Another method granted to the new landlord by the law for eviction due to their need is filing an eviction lawsuit within 1 month starting from the expiration date of the lease agreement. This method is mostly used in cases where the lease agreement is about to expire in less than 6 months. If the lease agreement is set to expire in less than 6 months, it is more advantageous to resort to this method.
Eviction Due to Repair and Reconstruction
Eviction of the tenant may be necessary in case of comprehensive repair or reconstruction of the rented property. The extent of the repair is crucial for eviction. If the repair does not render it impossible to live in, conduct business, or use the property, eviction is not possible. The un-usability of the property must be objective and apply to everyone for eviction.
However, when it comes to reconstruction of the property, while un-usability is also sought, other factors become important. One of them is the existence of a project prepared for the reconstruction of the property. If there is no such project, eviction is not possible. Having a project alone is not sufficient. The project must also be prepared in compliance with current legal regulations.
After all these conditions are met, compliance with certain periods is also important in this eviction reason, as in other eviction reasons. Eviction cannot be achieved without compliance with these periods. For fixed-term contracts, a lawsuit must be filed within one month after the end of the contract period. If the contract is indefinite, the lawsuit must be filed within one month from the date determined by complying with the termination period and the notice period provided for termination.
After the tenant's eviction is achieved by fulfilling all these conditions, a rental ban will come into play. If no repairs or reconstruction have been made on the rented property and it remains in its old state, it cannot be rented to anyone other than the former tenant for 3 years. If repairs or reconstruction have been made on the rented property, the evicted tenant has priority rights. In this context, the landlord must make an offer to the tenant. Landlords who do not comply with the rental ban and priority rights are subject to monetary compensation, not less than the annual rent paid in the last rental year.
Eviction Due to Important Reasons
In case of the presence of certain important reasons, the eviction of the tenant may be requested. These important reasons need to be evaluated separately for each case. Some examples of such reasons include the tenant leading a dishonorable life, committing theft, using drugs, or having a dispute with the landlord. However, this list is not exhaustive. The crucial point in terms of this eviction reason is that the situation must have made the tenancy unbearable for one of the parties. In this case, the contract can be terminated unilaterally.
If the tenant does not comply with the termination of the contract, an eviction lawsuit can be filed to carry out the eviction. However, it is important to note that the court is the one to determine whether the reason is important enough to justify the eviction. Since not every reason can be considered as an important reason, the eviction will only take place if the court finds the reason necessary and sufficient.
Eviction due to Tenant Damaging the Property
If a tenant interferes with or damages the leased property in violation of the contract, eviction can be carried out under certain conditions. However, in order for eviction to take place based on this reason, a written warning must first be given to the tenant. This warning is not about eviction, but about the correction of the damage or violation of the contract.
The tenant is given at least thirty days to remedy the damage or violation of the contract. If the tenant does not remedy the damage or violation of the contract within the given time frame, the contract will be terminated. In this case, an eviction lawsuit will be brought.
However, there are some situations where sending a warning letter is not necessary. These situations include cases where there is severe damage or where giving the tenant time would be of no benefit. In other words, if giving the tenant time would not have any positive outcome and would even worsen the problem, the contract can be terminated directly with a warning letter, and the tenant can be asked to vacate the property. If the tenant does not vacate, an eviction lawsuit can still be filed.
However, the necessity of giving time or not should not be evaluated solely based on the opinions of the parties involved. In this regard, it is important to seek legal advice. If your evaluation turns out to be incorrect, not only will the eviction not take place, but there may also be additional financial losses.
Eviction Due to Tenant's Bankruptcy
In the event of a tenant's bankruptcy during the term of a lease, the landlord has the option to terminate the contract and request eviction. However, in order for the contract to be terminated and eviction to occur, the tenant must first be requested to provide security for the rent that has not yet fallen due. If the tenant responds negatively to this request and cannot provide the necessary security, the contract is terminated and the tenant is evicted.
In addition, a written request for security can also be made to the bankruptcy estate, in addition to the tenant. If security cannot be provided through this avenue as well, the contract can be terminated directly and the tenant can be evicted.
If Tenant Has Another Property, Eviction
This eviction reason is different from other eviction reasons. When signing the lease agreement, it should be known that the tenant or their spouse does not own another property. If there is a property owned by the tenant or their spouse in the same district or municipality, the tenant can be asked to vacate the rental property. However, if the existence of this property is already known by the landlord, eviction cannot be requested.
In order to evict the tenant based on this reason, as with other eviction reasons, certain periods must be followed. A lawsuit for eviction must be filed within 1 month from the end of the lease agreement.
Tenant Eviction with Eviction Commitment
Letter It is a very common eviction method that we encounter frequently lately. Especially in new era house or property rentals, in addition to the lease agreement, a commitment letter for eviction is signed with the tenant. The eviction commitment letter contains many details and is a document that can be used maliciously, so it contains many different elements that should be taken into account when prepared by both the tenant and the landlord.
The commitment letter is not essentially a two-party agreement. It is only a statement signed by the tenant that the rented property will be evicted by the tenant. However, this statement alone is not sufficient to evict the tenant. There are certain validity conditions.
Validity Conditions: It must be given by the tenant or a representative authorized for the eviction commitment. It must be in writing. The date to be vacated must be specified. It cannot be given when the lease agreement is signed or before the agreement. If the commitment letter satisfies all these validity conditions, the tenant can be evicted. However, the commitment letter alone is not sufficient for eviction. If the tenant does not vacate the rented property despite the commitment letter, eviction can be enforced by applying to the enforcement office or the court within 1 month from the eviction date specified in the commitment letter.
However, it should be taken into account that when the eviction commitment is signed, setting a date after the signature despite being signed together with the lease agreement constitutes a clear violation of the law and invalidates the commitment letter. It is not possible to evict the tenant based on such a commitment letter.
Eviction of Tenant through Execution Proceedings for Unpaid Rent
The last resort for the eviction of a tenant is through execution proceedings in cases where the rent has not been paid. In this procedure, the tenant must not have paid the rent in order for the eviction to take place. An execution proceeding is initiated as a demand for eviction for the unpaid rent, and a 30-day period is given for payment. If the tenant still does not pay within this period, the eviction can be carried out by making a decision in favor of the eviction. However, if the tenant pays the debt within the 30-day period, eviction cannot be enforced.
In cases where the payment is made, the execution proceeding will be considered as a justifiable warning, and eviction can be carried out with a second justifiable warning. The explanation for this is provided above.
However, if the tenant not only fails to pay but also raises an objection, then it is necessary to proceed with the cancellation or removal of the objection. In this case, a notarized lease agreement must exist to apply for the removal of the objection. Otherwise, the objection cannot be removed and eviction cannot be enforced. However, an objection cancellation lawsuit can be filed under the general provisions by proving the existence of the contract and the receivable. Subsequently, eviction can be carried out.
How to file an eviction lawsuit as a landlord?
To file a lawsuit for eviction, it must first be examined which eviction reason will be relied upon, whether the conditions required for this eviction reason have been met, and whether procedural processes such as sending a notice before filing a lawsuit have been completed. If all conditions are met, a lawsuit explaining these conditions can be filed.
However, it should be noted that the lawsuit petition is the most important element of the lawsuit. If the petition is not prepared properly or some aspects are left out, there is a high probability of losing the case. Therefore, it is important to seek help from an expert lawyer when preparing the lawsuit petition.
How does the process of eviction of the tenant work?
The eviction process of the tenant begins with the termination or cancellation of the lease agreement. If the tenant does not vacate the property, an eviction lawsuit is filed in the local court where the leased property is located, and the tenant is evicted from the property by court order. Depending on the nature of the file, the workload of the court where the case is heard, and whether the tenant exercises his right to object, the eviction process may vary. While eviction lawsuits generally take between 6 months and 3 years on average, they can take longer in some exceptional cases.
There are many ways for a tenant to be evicted, and these have been explained in general terms above. However, it should not be forgotten that each dispute has its own details and eviction reasons may vary. Therefore, it is important to consult an expert lawyer in rental law to avoid risking your rights.
The Importance of a Lawyer in Eviction Cases
The eviction process for a tenant begins after the termination or expiration of a lease agreement and the tenant's failure to vacate the premises. In this process, the role of a lawyer is crucial in protecting the rights of both the tenant and the landlord and ensuring that the eviction process is carried out in accordance with the law.
Among the duties of a lawyer in an eviction case are protecting the client's rights, performing necessary procedures on behalf of the client during the legal proceedings, presenting the client's defense in court, and taking the necessary steps to ensure that the eviction process is carried out legally.
In this process, the lawyer's legal knowledge and experience play a crucial role in ensuring that the eviction case is carried out without causing any harm to the parties involved. The lawyer must possess the necessary legal knowledge and experience to best defend the client's rights and be present with the client throughout the legal proceedings.
In addition, if the tenant chooses to exercise their right to appeal during the eviction case, the lawyer must take the necessary steps to file an appeal and pursue the case further in court. This can help to protect the client's rights and achieve a fair outcome.
For all of these reasons, the role of a lawyer in the eviction process is critical, and it is essential for tenants to work with a lawyer during legal proceedings to protect their rights and prevent any potential loss of rights.
Sample Eviction Petition
During the eviction process, the role of the lawyer is crucial and it is necessary to create a petition based on the specific conditions of each case rather than using template petitions. Therefore, starting legal proceedings using sample eviction petitions can lead to errors that may result in a loss of rights.
To prepare an eviction petition, it is necessary to determine the reasons why the tenant has not vacated the property. Then, the legal basis of these reasons must be identified and a legal argument prepared accordingly.
During the preparation of the petition, it is important to ensure that it complies with the court hearing the case and any court decisions. The petition should include accurate and complete information such as the address of the property, the date of the lease agreement, the rent amount, and the reasons for eviction.
In addition, it is important to present legal arguments and evidence accurately when preparing an eviction petition. This can lead to obtaining a result that prevents any loss of rights.
For all these reasons, instead of starting legal proceedings with sample eviction petitions, it is essential to work with a lawyer and prepare a petition based on the specific conditions of each case to ensure the protection of your rights.
Frequently Asked Questions About Tenant Eviction
What are the legal ways for a tenant to be evicted?
What is an eviction commitment letter?
When does the eviction of a tenant take place?
What conditions are required for the eviction of a tenant?
What documents are required for the eviction of a tenant
In which courts can eviction cases be filed by the landlord against the tenant?
Can I rent out to a new tenant after evicting my current tenant?
What can I do if my landlord rented the property to someone else after my eviction?
Is it possible to evict the tenant from a newly purchased house?
What can be done if the tenant is not paying the rent?
Is it possible to evict a tenant who is damaging the property?
The landlord says they need the property, do I have to move out?
Can the tenant be evicted after the expiration of a 1-year lease agreement?
When there is no written lease agreement, can the tenant be evicted?
What can be done if my tenant sublets the property to someone else?
Examples of Supreme Court Decisions Regarding Eviction Lawsuits
The Notification of Termination of Contract Must Be Given Three Months Prior to the End of the Lease Period and the Lawsuit Must Be Filed Within Six Months from the End of the Period
"The last six-month rental period according to the date of establishment of the contract is between 1.11.2012-1.5.2013, and the termination notice should have been given three months prior to the end of the period, between 1.11.2012-1.2.2013, and the lawsuit should have been filed between 1.5.2013-1.11.2013. As the termination notice dated 9.1.2013, which was served on 11.1.2013, falls three months prior to the end of the six-month period, the lawsuit filed on 2.5.2013 is within the time limit. Therefore, the decision of eviction should be made." (Court of Appeals 6th Civil Chamber, Decision No: 2013/13254E., 2013/14404K., 28.10.2013)
The Tenant is Responsible for Damages Caused to the Neighbor's Apartment
According to Articles 316 and 334 of the Turkish Code of Obligations No. 6098, the tenant is obliged to use the leased property carefully and in accordance with the terms of the lease agreement and to return it in the same condition as received. As a general rule, if the tenant causes damage to the neighboring apartment as a result of the use of the leased property, the tenant is responsible for the resulting damages unless they can prove that they are not at fault. (Court of Appeals 6th Civil Chamber, Decision No: 2015/10344E., 2016/5370K., 22.09.2016)
It is not necessary to include termination of contract in the warning letter.
The plaintiff, in their lawsuit based on the notice issued on 02.12.2009 and served on 09.12.2009, demanded the payment of a total of 1672.92 TL for the rent arrears from January to September 2009, and the unpaid rent for October, November, and December 2009 within 30 days, warning that an eviction lawsuit would be filed if not paid. They subsequently filed this lawsuit... After the legal 30-day period following the default warning had passed, it was determined that they paid 1253.74 TL under the name of the rent arrears for November and December 2008 and the missing rent for 2009 on 05.02.2010, indicating that the default occurred. In this case, although an eviction decision should have been made due to the default, the decision to dismiss the lawsuit is not correct. (Decision of the 6th Civil Chamber of the Court of Cassation, dated 16.1.2013, numbered 2012/16231 E., 2013/303 K.)
Adult child's desire to live separately is a sincere and real need
In the petition, the plaintiff's lawyer explained that the dependent was preparing for marriage and wanted to move to a separate house. Therefore, if it is stated that the reason for the eviction is based on the dependent's desire to live independently from their mother and father, it should be accepted that the rented property is requested to be vacated. The plaintiff's witness, who was heard, made a statement that confirms the claim of the dependent. On the other hand, the defendant's witness made a statement based on hearsay. Furthermore, it is not possible to interpret a rent increase request in today's conditions as against the landlord's and the property owner's legal rights. A person who is of legal age, even if single, cannot be forced to live with their family. In this case, the request of the dependent, who is of legal age, to live separately, even if single, should be considered normal, and the claim of necessity should be accepted. As the claim of necessity has been proven to be genuine and sincere, an eviction decision should be made. (Decision of the 6th Civil Chamber of the Court of Cassation, dated 25.04.2016, numbered 2016/3380E., 2016/3343K.)
Eviction Cannot Be Requested for the Nephew's Needs
The plaintiff claimed that they would operate a cafe with their nephews in the rented property, and the plaintiff witnesses stated that the plaintiff was an airplane engineer and worked as a general manager in a British company, and that the cafe would be run by their nephew Nedim Cenk Coşkun. The defendant witness stated that they heard that the plaintiff was a manager in a company, did not know if they needed the place, and witnessed conversations between the parties regarding the rent amount. Based on the statements of the witnesses and the entire file, it was understood that the plaintiff's nephew was the one in need. Eviction cannot be requested for the needs of the nephew. (Court of Appeals 6th Civil Chamber, Decision No: 2010/4516E., 2010/7629K., Date: 21.06.2010)
Renewed Contract Can Include an Undertaking for Evacuation
Undertakings for evacuation given with the renewed contract are considered valid even if they have the same date as the contract. Furthermore, there is no legal provision that restricts the parties from coming together and determining the end of the contract after it has been made. (Court of Cassation 6th Civil Chamber, Decision No: 2015/5363E., 2016/1143K., Date: 22.02.2016)
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