What are the Rights of the Lessor?
Eviction due to the need for housing. In order for the lessor to take the decision to evict the tenant, the lease agreement must be terminated.
– Termination by notification. In accordance with the provisions of the relevant law, the lessor does not have the right to terminate the lease agreement in question before the 10-year extension period expires in housing and workplace leases “as a rule”. After the 10-year period expires, the lessor may terminate the lease agreement without any justification by giving a written notice at least three months before the beginning of the new lease year.
– Termination through litigation. In the relevant legal regulations, the terminations to be carried out by the lessor “through litigation” are regulated separately, accordingly.
1) Eviction due to Housing Requirement:
– Eviction due to Housing Requirement; In order for the lease agreement to be terminated. By the lessor based on the housing requirement. The person / persons who need housing must be one of the persons. Listed in the law as limited. These persons are
– The lessor himself.
– The lessor’s wife.
– Descendant of the lessor.
– The lessor’s next of kin.
– Persons whom the lessor is obliged. To take care of in accordance with the law.
– Eviction due to the need for a workplace. Likewise, in the event that the above-mentioned persons have a “compulsory, real and sincere” need for a workplace. it may be possible for the lessor to terminate the lease agreement in question through litigation.
2) Eviction due to Reconstruction or Reconstruction.
If the leased place is required to be substantially repaired. Expanded or changed for the purpose of reconstruction or reconstruction. And it is impossible to use the leased. Place during these works. The lessor may terminate the lease agreement through. Litigation and request the eviction of the lessee. The eviction lawsuits to be filed due to the reconstruction. Or reconstruction of the leased premises must be filed within 1 month from the end. Of this period, if it is a fixed-term lease agreement. And within 1 month from the termination. Period and notification period to be determined according to the general provisions. If it is an indefinite-term agreement, and these periods are considered ex officio.
3) Eviction due to the Requirement of the New Owner. After the establishment of the lease relationship. İf the leased property changes hands for any reason, as a rule. The new owner becomes a party to the lease relationship. However, in the event that the new owner or the persons listed as limited. İn the law are obliged to use the immovable property in question due to the need for housing or workplace. The new owner may request the eviction of the immovable property with the eviction lawsuit to be filed by the new owner.
Competent and Authorised Court in Eviction Cases
If the eviction case is to be filed by way of execution without judgement in accordance with the provisions of the Enforcement and Bankruptcy Law No. 2004, the court in charge is the Enforcement Courts. In other eviction cases, the competent court is the Civil Courts of Peace. The court of competent jurisdiction is the court of the defendant’s domicile or the court of the place where the contract will be performed.
How is the Tenant Evicted After the Eviction Decision?
At the end of the eviction case, if the court has decided to evict the tenant. The tenant must deliver the leased premises to the lessor as received. However, from time to time, despite the court decision. The tenant may not evacuate the leased premises. If the tenant does not vacate the leased premises despite the court’s eviction decision. The lessor may evict the tenant by force through enforcement based on this court decision.