06.10.2021

Authors: Sema Çelebi, Esra Ayaz

The lease agreements can be made for a definite or indefinite period. For residential and roofed workplace leases, the contract is deemed to be extended for one year under the same conditions, unless the lessee notifies at least fifteen days before the end of the fixed-term contracts. The lessor does not have the right to terminate the lease agreement before the 10-years extension period expires. After the expiry of the 10 years, the lessor can terminate the lease agreement without giving any reason, by giving a written notice at least three months before the beginning of the new lease year.

Apart from termination by notification, it is also possible to evict the lessee from the property through a lawsuit, for reasons listed as limited in the Law. Although these reasons are subject to the principle of limited number (numerus clausus), they are a mandatory provision that can not be extended against the lessee by the contract. Among these limited reasons, the lessor may request the eviction of the lessee if he/she or his/her relatives listed in the law need the leased property.

WHAT ARE THE CONDITIONS OF THE LAWSUIT OF EVICTION DUE TO NEED?

1. OBLIGATION TO BE A PERSON IN NEED AS SPECIFIED THE LAW

For the lessor to terminate the lease agreement due to the need for housing, this person who needs compulsory housing must be one of the persons that the Law specified as limited. These persons are considered limited; the lessor himself, the lessor's spouse, the lessor's descendants, the descendants of the lessor's parents, and the dependents of the lessor by the law. Other dependents are determined by Article 364 of the Turkish Civil Code.

At the end of the evacuation made in accordance with this provision of law; It will not be possible for the lessor to lease the property in question to anyone other than the former lessee for 3 years without any justified and valid reason. If the lessor violates these provisions, he/she is obliged to pay compensation to his/her former lessee, not less than one year's rent paid in the last rental year.

2. THE CLAIM OF NEED MUST BE SINCERE AND COMPULSORY

The lessor should be sincere in the claim that the rented house or workplace will be used by these people as needed. The burden of proving the existence of need in eviction requests based on the stated reasons rests with the plaintiff lessor. This need and sincerity must meet certain criteria:

1-   There must be no other residence or workplace with the same qualifications that the lessor or his/her spouse or descendant and upper lineage currently use or kept vacant and can use.

2-   The lessor's need for this residence or workplace must be compulsory, sincere, and continuous. A temporary need that is not continuous can not be considered as a reason for evacuation, and a need that has not yet arisen or is due to a long period is not accepted as a reason for evacuation. The Supreme Court considers being a lessee in the context of residential rents as a reason for need and sufficient. The need for a summerhouse which is a continuation of the housing need, can also be shown as a reason for filing an eviction lawsuit. In this case, the lessor is obliged to prove that the property that is requested to be evicted qualifies as a summerhouse.

·    HOW LONG DOES IT TAKE TO FILE AN EVICTION LAWSUIT?

If the compulsory housing requirement of these persons is real and sincere, within 1 month from the end of the period specified in the fixed-term lease agreement, or within 1 month from the termination and notification period to be determined according to the general provisions, in case of an indefinite-term lease agreement, the lessee can be evicted by filing a lawsuit. In the article titled "Extension of the litigation period" of the same law, it is regulated that if the lessor notifies the lessee in writing that he/she will file a lawsuit within the period stipulated for the filing of the lawsuit at the latest, the period of filing a lawsuit will be deemed to be extended for one rental year.

·        WHICH IS THE COMPETENT AND AUTHORIZED COURT IN EVICTION LAWSUITS?

In eviction lawsuits, the court competent for all disputes regarding the leased property is the Civil Court of Peace, except in cases demanding eviction through execution without judgment. The competent court is the civil court of peace in the region where the property is located. However, in the case of workplace lease agreements, it is also possible to file an eviction lawsuit in the region where the lessee resides.

·      CAN DECLARATORY JUDGMENT ACTION FOR THE DETERMINATION OF RENT AND EVICTION LAWSUITS BE FILED AT THE SAME TIME?

In practice, it is seen that declaratory judgment action for the determination of rent and eviction lawsuits are filed at the same time. Since the long duration of the eviction lawsuits causes the request to increase the rent to be delayed until the eviction decision is made, there is no legal obstacle to the filing of two lawsuits at the same time. The fact that the declaratory judgment action for the determination of the rent lawsuit is filed together with the eviction lawsuit does not show that the need for the property is not sincere. Both requests can be evaluated at the same time, a decision can be made to accept or reject the request together, or it can be decided to accept it partially and reject it partially. The reason for the warning regarding the demand for an increase in rent before the lawsuit is filed cannot be considered insincerity on its own.

CONCLUSION

Ø It is possible for the lessor to request the eviction of the lessee by filing an eviction lawsuit if he/she or only his/her relatives, who are listed in the law, need the leased property and this need is compulsory, continuous, and sincere.

Ø The lessee can be evicted by filing a lawsuit within 1 month from the end of the period specified in fixed-term lease contracts, and within 1 month from the termination and notification period to be determined according to the general provisions in indefinite-term lease contracts.

Ø The Court of Peace in the region where the leased property is located is the competent court in charge of all disputes regarding the leased property, excluding the lawsuits demanding eviction through execution without judgment. In workplace lease agreements, the court of peace in the region where the lessee resides is also authorized.

Ø It is possible to declaratory judgment action for the determination of a rent lawsuit and eviction lawsuit due to need at the same time. The fact that these lawsuits are filed together does not indicate that the property need of the lessor or his/her relatives listed in the law is not sincere.