In residential and commercial leases, the owner of the real estate, the lessor, leaves the right to use and benefit from the real estate to the tenant. In return, the tenant undertakes to pay a fee to the lessor periodically. The lease agreement can be understood as definite or indefinite.

The lease agreement includes the rent, payment dates, increase rates and the contract period. So, under what conditions does the tenant evict and how is the tenant evicted?

Termination of the Lease Agreement

As a rule, the lease agreement ends at the end of the term. However, if the tenant does not make a statement regarding the eviction of the rented real estate or makes a statement regarding the continuation of the lease agreement, it is accepted that the agreement continues for 1 more lease period with the same conditions.

According to the Turkish Code of Obligations, if the tenant notifies that he will vacate the real estate and terminate the agreement at least 15 days before the end of the agreement, the agreement will end. As a rule, the lessor does not have the right to evict the tenant from the house upon the termination of the agreement.

The lessor has the right to evict the tenant from the real estate if certain conditions are met.

Evacuation of a 10-Year Tenant

It is possible for the tenant to terminate the contract and leave the real estate 15 days before the expiration of the lease contract. In order for the lessor to exercise this right, the lease contract must have been renewed 10 times since its first expiration and must be terminated in the year following the end of the 10th renewal.

To explain with an example; if a 2-year lease contract is concluded between the parties, it must be renewed 10 times at the end of these 2 years, i.e., 10 years must have passed, and the lessor can terminate the lease contract by giving written notice to the tenant 3 months before the end of each subsequent extension year. In the example, the lessor will have the right to terminate a 2-year lease contract if at least 13 years have passed since the conclusion of the contract.

Eviction Due to Need:

A real estate in use by the tenant may be evicted due to the needs of the lessor, his/her spouse, descendants, ancestors or someone else he/she is obliged to look after. The lessor who evicts the tenant based on the reason of need is obliged to use or let the real estate be used due to need for 3 years following the eviction and cannot rent it to someone else. If there is no longer a need, the lessor is obliged to notify the tenant that he/she wants to rent the real estate again. The real estate owner who does not notify and rents the real estate to someone else is obliged to pay at least 1 year’s rent calculated on the last rental fee to the former tenant as compensation.

Eviction Due to Reconstruction and Zoning

If the rented real estate requires major repairs and construction and if the tenant’s presence in the real estate during this period will become unbearable, this right can be exercised by giving the tenant a written notice 1 month in advance. After the repairs are completed, the real estate owner who wants to rent the real estate again must first apply to the former tenant, otherwise, he/she must pay the former tenant 1 year’s rent calculated on the last rent as compensation.

Eviction Due to Non-Payment of Rent

If the tenant has not paid the rent during the current contract period and the landlord has sent 2 justified notices for payment during the same period, he/she may request the eviction of the tenant.

In order for the notices to be justified, they must be sent after the rent has become due and the rent has not yet been paid. If the tenant has delayed the rent but the landlord sent the notice to the tenant after the tenant has paid the rent, this notice will not be justified.

The notice must be sent for the rent of the current month. If the rents for April and May have not been paid, the notice can only be sent for May. A notice sent for April will be unjust.

Eviction Due to Change in Ownership of Leased Real Estate

The Turkish Code of Obligations has introduced provisions that protect the tenant as a rule. In the event of a change in the owner of the leased real estate, the party to the lease agreement will have changed and the agreement will continue with the new owner. However, the new owner who purchases the real estate will be able to evict the tenant due to necessity.

Evacuation of the Leased Real Estate through Execution Without Judgment

If the tenant does not fulfill his/her rent payment debt, the lessor may initiate enforcement proceedings by applying to the enforcement offices within the scope of the Execution and Bankruptcy Law. The tenant who does not pay the accumulated rent debt within 30 days together with the payment order sent to the tenant will be evicted from the real estate he/she is in.

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