COURT WITH JURISDICTION IN EVICTION CASES
The jurisdiction of courts is determined by law. Jurisdiction is related to public order. Therefore, it is considered at every stage of the proceedings. The court with jurisdiction in eviction cases is specified in Article 4/1-a (Article 8/II-1 of the former Code of Civil Procedure) of the Code of Civil Procedure.
Except for provisions regarding the eviction of leased real estate through summary execution proceedings pursuant to the Enforcement and Bankruptcy Law No. 2004 dated June 9, 1932, all disputes concerning claims arising from lease relationships, including debt claims, and counterclaims filed against these cases, are handled by the Civil Courts of Peace.
JURISDICTION Article 5 (Article 9 of the former Code of Civil Procedure) of the Code of Civil Procedure
Jurisdiction: Indicates which court will hear a case, regardless of its value.
Article 6 (Article 9 of the former Code of Civil Procedure) of the Code of Civil Procedure, which establishes the general jurisdiction rule, states that the court with general jurisdiction is the court of the domicile of the defendant (natural or legal person) at the time the lawsuit is filed.
The place of residence is determined according to the provisions of the Turkish Civil Code No. 4721 dated November 22, 2001.
In eviction cases, the competent court is determined according to the rules in Articles 6 and 7 (Article 9 of the former Code of Civil Procedure) and 10 (Article 10 of the former Code of Civil Procedure) of the Code of Civil Procedure, since the dispute does not relate to the ownership of the immovable property.
According to Article 10 of the Code of Civil Procedure, in cases arising from contracts, jurisdiction can be established in the court of the place where the contract is to be performed.
Accordingly, since the competent court is the court of the defendant’s place of residence or the place where the contract is to be performed, which is also the place where the immovable property is located, eviction cases are generally heard in the court of the place where the immovable property is located.
Article 17 of the Code of Civil Procedure states that “Merchants or public legal entities may, by contract, designate one or more courts as competent for a dispute that has arisen or may arise between them.” Unless otherwise agreed by the parties, the lawsuit can only be filed in these courts determined by the contract.
Therefore, according to this provision, individuals cannot draw up authorization agreements for lease agreements they make between themselves.