In our law, the conditions for the lessor to file an eviction lawsuit are specified in detail in the Turkish Code of Obligations numbered (6098) and the Enforcement and Bankruptcy Law numbered 2004. l
Eviction according to the Turkish Code of Obligations
The provisions regarding the termination of the lease agreement are regulated under the articles 331 to 356 of the Turkish Code of Obligations numbered (6098). Between; termination by notification, termination by litigation and extraordinary circumstances are regulated under the main headings.
Termination of the Lease Agreement with the Notification to be made by the Lessor after the Ten-Year Extension
Pursuant to Article 347 of the Turkish Code of Obligations No. 6098 titled ‘Termination of the Contract in Residential and Roofed Workplace Leases / By Notification / In General’
‘In residential and roofed workplace leases, unless the lessee notifies at least fifteen days before the end of the term of the fixed-term contracts, the contract is deemed to be extended for 1 year with the same conditions. The lessor cannot terminate the contract based on the expiry of the contract period. However, at the end of the ten-year extension period, the lessor may terminate the contract without giving any reason, provided that the lessor notifies at least three months before the end of each extension year following this period.
In indefinite-term lease agreements, the lessee may terminate the agreement at any time, and the lessor may terminate the agreement with a notice of termination according to the general provisions after ten years from the beginning of the lease.
In cases where the right of termination can be used according to general provisions, the lessor or the lessee may terminate the contract.
-Fixed-term residential and business premises. The lessee may terminate the contract by giving notice at least fifteen days before the end of the term of the fixed-term contracts. Lessee. If the tenant fails to make this notification, the contract is deemed to be extended for one year with the same conditions. Contract. The lessor, who cannot terminate the contract based on the expiry of the term, may terminate the contract without giving any reason, provided that at the end of the ten-year extension, at least 3 months before the end of each extension year following this period. It may terminate the contract without giving any reason. However Although the law gives a period of 3 months for notification, this period is determined by the Court of Cassation by taking into account the date of notification to the other party. It is determined by taking into account the date of notification to the other party. Therefore, even if the notice is less than 3 months, the termination notice period will be deemed not to have been complied with.
For example, 1 year lease. If the contract is concluded on 01/02/2018, since the 1o year will have expired on 31/01/2028, it will be able to terminate the contract by notifying no later than 3 months before 31/01/2029, the end of the extension year.
In indefinite-term lease agreements, the lessee may terminate the agreement at any time, and the lessor may terminate the agreement with a notice of termination in accordance with the general provisions after ten years from the beginning of the lease.