Reasons for Tenant Eviction and the Process to Follow
Due to the strict timelines in rental law, if you’re experiencing problems with your tenant, you should work with a lawyer specializing in rental law without delay regarding the reasons for tenant eviction and the process to follow. To avoid loss of rights, it will be in your best interest to consult a lawyer for dispute resolution. A rental law attorney provides effective and quick consultation services to their clients. You can also refer to our article for information about rent determination lawsuit.
Eviction Eviction Lawsuit Due to Non-Payment of Rent
The first method in tenant eviction is an eviction lawsuit filed in the enforcement court if the tenant objects to the enforcement proceedings initiated by your lawyer due to non-payment or underpayment of rent, or if the tenant fails to pay within 30 days of being served with a payment order. In this case, it is in favor of the landlord as the eviction case will be heard in enforcement courts rather than civil courts of peace.
Eviction Due to Need
The second possibility is a lawsuit filed when the homeowner, their spouse, descendants, ascendants, or other persons they are legally obligated to care for need the house. Reasons for Tenant Eviction and the Process to Follow It is in your favor to have this case conducted through a lawyer. The need for the property must be substantiated and proven. Timelines are of great importance in eviction cases based on need. Especially for those saying “I bought a house, how can I evict my tenant”, “my daughter/son is getting married, but my tenant won’t leave”, it would be more logical to manage the process with lawyers rather than real estate agents. Supreme Court precedents particularly emphasize that the need must be genuine and real in eviction cases due to need. As rental law attorneys, we provide professional services with our experience and expertise to help you achieve the most effective results in your rental law disputes.
Eviction of Tenant by New Homeowner in Case of House Sale
In the third possibility, the house may be purchased by someone else while the tenant is using it. In this case, we often encounter questions like “I bought a house, do I have the right to evict the tenant, and if so, how can I do it”. When the house is purchased by a new person, even if the landlord changes, the tenant continues to use the house according to the lease agreement. If the new owner wants to evict the tenant, they must provide written notice to the tenant within 1 month from the date of purchase, provided that there is a necessity to use the house for themselves, their spouse, descendants, ascendants, or persons they are legally obligated to care for. If written notice is not given within 1 month, they are deemed to have accepted the lease agreement under the same terms. If written notice is given within 1 month, they can file an eviction lawsuit against the tenant for 6 months later. If there is less than 6 months left until the end of the lease agreement, there is no need to wait for this period to end. The new homeowner’s right to terminate the contract for certain needs can also be exercised through a lawsuit filed within one month from the end of the lease agreement. Reasons for Tenant Eviction and the Process to Follow The notification that new homeowners must make to the tenant to evict them is very important in terms of time, form, and content. It is important for people who do not want to experience victimization in this matter to proceed with this process under the legal counsel of an expert lawyer.
Eviction Due to Two Justified Warnings
The fourth possibility is evicting the tenant with two justified warnings. If the tenant has failed to pay the rent they are obligated to pay twice within the same rental year when it was due, the landlord issues two justified written warnings to the tenant for non-payment of the rent. The lease of the tenant who caused two justified warnings can be terminated through legal action. If your tenant hasn’t paid that month’s rent, you should contact your lawyer immediately. With the power of attorney you give to your lawyer, they will initiate enforcement proceedings against your tenant or send a warning notice, realizing the first justified warning, and when the second justified warning is issued, an eviction lawsuit can be filed. In this case, as there will be intermediaries such as notary public and enforcement offices, it will be in your favor to follow the process with your lawyer.
Termination of Lease by Notification Eviction in Lease Agreements Exceeding Ten Years
The fifth possibility is the termination of the contract. If the lease agreement is for a fixed term, the tenant has the right to terminate the lease agreement through written notification at least fifteen days before the end of the agreement. If no notification is made, the lease agreement is deemed to be extended for one year under the same terms. If the lease agreement is for an indefinite period, the tenant can terminate the agreement with a termination notice. The termination of the agreement is important for people who have had the same tenant living in their house for more than 10 years. Reasons for Tenant Eviction and the Process to Follow The landlord cannot terminate the agreement by citing the end of the contract period. However, if the agreement has been extended for more than 10 years, the landlord can terminate the agreement by giving notice at least three months before the end of each extension period without needing to show any reason.
Eviction Based on Eviction Commitment
The sixth possibility is that if you have an eviction commitment with your tenant, or if you are about to or have reached an agreement with your tenant regarding a commitment, you can evict your tenant by proceeding with a lawyer. In this case, as proof conditions related to dates and periods will arise, it will be much more in your favor to proceed with the case with your lawyer. A rental lawsuit attorney provides support to their clients in effectively resolving legal issues related to rent in eviction cases.
