Eviction Cases and Grounds for Eviction

Eviction cases are legal proceedings initiated by landlords or new property owners to remove tenants from a rented property based on reasons specified in the law.

Rental agreements are typically made for one year, and unless terminated, they automatically renew for another year under the same terms at the end of each rental period. However, in situations where eviction is necessary for specific reasons during an ongoing tenancy, the tenant may not willingly vacate the property, and eviction proceedings become necessary.

What are the grounds for filing an eviction case?

The legislator has clearly defined in the law the reasons for which rental agreements can be terminated and eviction cases can be filed. Therefore, a landlord seeking to file an eviction case must base their case on these specified legal grounds. The eviction reasons outlined in the Turkish Code of Obligations are as follows:

In this context, eviction cases can be filed for the following reasons:

Due to a written eviction commitment.
Because of the termination of the lease agreement through notification.
Because the landlord, their family members, or persons they are legally obliged to care for require the rented property.
Due to the need of a new owner for the rented property.
Because of the reconstruction, development, or alteration of the rented property.
If the tenant fails to pay the rent despite receiving two lawful notices.
Due to the tenant's default.
When the tenant or their cohabitant has a suitable residence in the same district or town.
Because the tenant fails to use the rented property with care and respect for neighbors.
If the tenant intentionally causes substantial damage to the rented property.
Due to the tenant's bankruptcy.

Let's briefly explain the grounds for eviction in residential and roofed workplace rentals:

Eviction Commitment: This occurs when the tenant agrees to vacate the property on a specific date in writing. For this commitment to be valid, it must be in writing, made after the rental agreement, and clearly specify the date of vacating the property. The tenant is obliged to vacate the property on the committed date; otherwise, the landlord can demand eviction through execution or by directly filing an eviction case.
Termination through Notification: In the case of rental agreements for specific periods, the contract is considered automatically extended for another year under the same terms unless terminated by the tenant at least fifteen days before the expiration date through a written notification. Landlords cannot terminate the contract based on the expiration of the term. However, after ten years of the initial lease period, landlords can terminate the agreement by providing three months' written notice without specifying a reason.
Tenant's Urgent Need: If the landlord, their spouse, descendants, or other persons they are legally obliged to care for have an urgent need for the rented property, they can request eviction based on this need. This need must be genuine and necessary.
New Owner's Need: If a new owner acquires the property and needs it for residence or business purposes, they can file an eviction case. To do so, they must inform the tenant in writing within one month of the date of acquisition.
Reconstruction, Development, or Alteration: If the rented property requires significant repair, expansion, or alterations making it unusable during the process, the landlord can request eviction. To do this, the need for substantial repair must be objectively proven.
Non-Payment of Rent: If the tenant fails to pay the rent, and this leads to two lawful notices, the landlord can initiate eviction proceedings. The two lawful notices must be made during the same rental term.
Tenant's Default: If the tenant breaches the lease terms, leading to two lawful notices within the same rental term, the landlord can file for eviction.
Tenant's Suitable Residence: If the tenant or their cohabitant has a suitable residence in the same district or town, the landlord can request eviction.
Failure to Use with Care and Respect for Neighbors: If the tenant fails to use the property with care or respect for neighbors and continues to do so after being warned in writing, the landlord can request eviction.
Tenant's Intentional Damage: If the tenant intentionally causes significant damage to the property, the landlord can initiate eviction proceedings.
Tenant's Bankruptcy: If the tenant declares bankruptcy after taking possession of the property, the landlord can request eviction.

Please note that the rules and procedures for eviction may vary depending on local laws and regulations. It's essential to consult with a legal professional or attorney for guidance in specific cases of eviction.