Eviction Lawsuit Due to Necessity 2025
Eviction lawsuit due to necessity 2025; Eviction of the Tenant; The eviction of a rented property by the landlord becomes possible in the presence of reasons specified in the law. These reasons are detailed in Article 350 and subsequent articles of the Code of Obligations.
One of the eviction reasons mentioned in Article 350 of the Code of Obligations is eviction due to the landlord’s need.
Conditions for Eviction Due to Necessity
- Landlord’s Own or Relatives’ Need: The need may belong to the landlord, their spouse, children (descendants), parents (ascendants), or other persons they are legally obligated to care for.
- Genuine, Sincere, and Continuous Need: The need must be genuine and continuous. Temporary or speculative needs do not constitute a valid reason for an eviction lawsuit.
- Prohibition of Re-renting: After securing eviction due to necessity, the landlord cannot rent the property to someone else. Violating this prohibition may result in legal sanctions as stipulated by law.
Eviction Due to New Owner’s Need
The new owner can request the eviction of the previous tenant due to their own need. To do this, they must send an eviction notice to the tenant within one month of acquiring the property and allow at least six months’ notice. The eviction notice must be made in writing.
The new owner can file an eviction lawsuit at the end of the six months. Additionally, they have the right to file a lawsuit within one month of the end of the contract without the need for a notice.
Notice Periods for Indefinite Term Lease Agreements
In indefinite term lease agreements, the tenant must be given written notice three months before the termination date of the agreement. In this case, rental periods are divided into six-month terms, and the landlord can file an eviction lawsuit by sending a notice three months before the end of the term. The eviction lawsuit must be filed within one month from the end of the term.
Notice Periods for Fixed-Term Lease Agreements
In fixed-term lease agreements, unless otherwise stated by the parties, the agreement is considered extended for one year. In this case:
- The landlord can file an eviction lawsuit within one month from the termination date of the agreement.
- The landlord’s written notice is crucial for the lawsuit period. If written notice has been given, the lawsuit period extends for one rental year, and the lawsuit can be filed within this year.
Competent and Authorized Court for Eviction Lawsuits
The competent court for disputes based on lease agreements is the Civil Court of Peace. The lawsuit is filed in the court where the rented property is located. If the parties have designated a different court as competent in writing, this is valid. In lawsuits filed in an unauthorized court, if the defendant does not object to the jurisdiction, the court becomes competent.
Former Tenant’s Right to Compensation in Case of Re-renting
If the landlord has secured eviction due to necessity, they cannot rent the property to someone else for three years. According to Article 355 of the Code of Obligations, a landlord who violates this prohibition must pay compensation to the former tenant of not less than one year’s rent from the last rental year. If the former tenant’s damages exceed this amount, a higher compensation may be claimed.
Importance of Specialist Lawyers in Eviction Lawsuits
Eviction lawsuits are subject to strict time and procedural rules specified in the Code of Obligations. Incorrect or non-compliant procedures can prolong eviction lawsuits, which can already be lengthy.
It is important for both the landlord and the tenant to work with a lawyer specializing in rental law to protect their rights. At this point, the Gürbüz Law Office team provides professional support to those “seeking a lawyer in Izmir”.
Contact us to have your eviction lawsuits handled by an expert team!
