In this article, the legal nature of the eviction case, which is widely preferred in practice, will be explained by taking into consideration the Supreme Court decisions in addition to the relevant articles in the Turkish Code of Obligations.
If the lessor needs the leased property, the tenant may be requested to evacuate. In this context, the type of lawsuit that can be filed by the lessor is called “evacuation lawsuit due to need”.
The suit for eviction due to the need in question is a type of lawsuit specially regulated in our law. Based on the relevant article of the law, in order to decide on the evacuation of the lessor, it becomes necessary to prove the need. Therefore, the need must be real, sincere and imperative.
EVACUATION ACCORDING TO LAW NUMBER 6570:
1- EVICTION CASE TO BE FILED DUE TO EVACUATION COMMITMENT PURSUANT TO ARTICLE 7/A OF LAW NO. 6570:
A lawsuit must be filed within 1 month following the committed date or enforcement proceedings must be carried out within this period.
b. If the eviction commitment is made in the presence of a Notary, it is not possible to object to the signature and its content.
c. In order for the eviction commitment to be valid, the commitment agreement must be made after the tenant starts using the rented place. The date on the lease does not matter. In other words, the date of the Commitment must be after the date of using the leased property. If a commitment to evacuate is taken on the day the contract is made, it is not respected because it is assumed that it was given as a result of pressure and necessity.
D. Only the lessor can file a lawsuit based on an eviction commitment. If the lessor is not the owner, he cannot file this lawsuit.
to. The commitment to evacuate must be unconditional.
f. In case of denial of the signature (ordinary commitment), an expert examination is carried out on the signature in accordance with the provisions of the Code of Civil Procedure.
g. In practice, the commitment date is left blank to be filled in as desired by the lessor. In this case, leaving the date of evacuation of the rented person blank in the Evacuation Commitment by the parties will not affect the result. The Tenant who undertakes in this way must bear the consequences.6.HD
2 – EVICTION CASE TO BE FILED DUE TO NECESSITY PURSUANT TO ARTICLE 7/BC OF LAW NO. 6570:
The lawsuit must be filed within one month from the end of the lease agreement. If the will and request for eviction has been notified to the tenant before or within this one-month period, a lawsuit can be filed until the end of the period following this notification. Here, the start and end date of the contract and the duration of the contract must be proven by the plaintiff. This can be proven with all kinds of evidence, including witnesses.
Those in need are:
1-The lessor
2-The lessor’s spouse
3-The lessor’s children.
It is not possible to file a lawsuit for the needs of people other than these. The need must be imperative, sincere and serious. The fact that these people are renting or unemployed and idle is a presumption that the need for housing or a workplace is mandatory and serious. The desire of a child who has reached adulthood to leave the family and live independently is considered natural. Parents can file a lawsuit for the needs of the adopted child. The need that will occur in the very near future can be considered mandatory. If the need disappears during the trial, the case should be rejected. If the plaintiff’s residence or workplace is smaller or more unusable than the one owned by the tenant, the need should be considered a compelling need in accordance with the “Superiority to Property Rights” rule. This issue should be especially observed during the exploration.
Workers working abroad may request their evacuation if this need is deemed genuine and necessary due to their definite return or need for a summer house during the holiday. The claim of “summer house” or “storage” can be considered a mandatory need. A public official who owns a residence cannot be forced to do so, even if he has the opportunity to reside in the residence. If he wants to live in his own home, this is considered a mandatory and sincere need. However, the need of the plaintiff who voluntarily settles in the lodging after filing a lawsuit is not sincere and mandatory. (There are also case laws to the contrary.)6.HD
An evacuation decision cannot be made for needs that are temporary and not permanent. The fact that the person in need is engaged – if there is no concrete preparation for marriage – cannot be considered sufficient for the need. The desire to do a second job in addition to an existing job cannot be considered a compelling need. However, since the Company legally has the opportunity to do more than one job, it may file an eviction lawsuit for another job.
Whether the property (leased place) is suitable for the intended job or the claim that the existing workplace is inadequate should be determined by an expert expert. A person cannot file an eviction lawsuit for his own property based on the needs of the company of which he is a partner. Only the company can file an eviction lawsuit for the company’s needs. For this, the company must be either the lessor or the owner.
Since it is not possible for minors to trade, it is not possible to talk about the need. The workplace needs of a person who does not live in the place where the rented property is located cannot be considered essential.
3 – Eviction Case to be Filed Due to Repair in Pursuant to Article 7/C of Law No. 6570:
The case must be filed within one month from the end of the lease agreement. If the will and request for eviction has been notified to the tenant before or within this one-month period, a lawsuit can be filed until the end of the period following this notification. Here, the start and end date of the contract and the duration of the contract must be proven by the plaintiff. This can be proven with all kinds of evidence, including witnesses.
CONDITIONS FOR FILING A LAWSUIT:
1- Wanting to demolish and rebuild the rented property
2- Requesting substantial repair, expansion or alteration for zoning purposes,
3- It must be technically impossible to reside in the rented property while these works are being carried out.
It must be determined by a local expert whether the repairs and renovations to be made are for development purposes and are essential. Repairs and renovations in the new building cannot be grounds for eviction. Remodeling to increase income cannot be a reason for eviction. The zoning purpose is not required in reconstruction. However, the certified project must be submitted. This project must be implemented locally through an expert expert. If an application has been made for the approval of this project in due time, the result should be waited.
The new owner does not have the right to file a lawsuit by taking advantage of the period in Article 7/d of SY 6570. In an eviction case based on reconstruction, a good faith investigation cannot be conducted if the conditions are met. If the addition or renovation to be made in the building is an integral part of the building, this is a reason for eviction.
4 – EVICTION CASE TO BE FILED DUE TO PURCHASE (ACQUISITION) PURSUANT TO ARTICLE 7/D OF LAW NO. 6570:
a) Period of filing a lawsuit according to the contract: The new owner can file a lawsuit within one month from the end of the contract.
b) Period of filing a lawsuit based on purchase: The new owner must notify the tenant within 1 month of the acquisition that he has purchased the leased property and that he will use it when needed, and must file the lawsuit within a reasonable period of time (usually until the end of the contract) after waiting 6 months from the acquisition.
However, filing a lawsuit after a long period of time indicates that the new owner is not in good faith. The lawsuit filed before the 6-month period expires must be rejected due to time limits. However, the case can be reopened at the end of the period. In these periods, the date of acquisition is also included in the 1 and 6 month period. It is not necessary to give the tenant time for eviction in the notice. However, if the tenant is given a period of time, the new owner is bound by this period. He must wait for the end of the period.
The concept of “acquisition” in itself is not sufficient for release. The new owner must also prove his claim of need. The new owner cannot file an eviction lawsuit due to repairs and renovations based on the period in paragraph 7/d. This clause gives the right to file a lawsuit based solely on job and housing needs. The notice must be notified to the tenant within 1 month from the date of acquisition. If the 1-month period is neglected and delayed, it is not legally possible to correct this deficiency. A person who acquires a new share of the real estate in which he was previously a shareholder cannot file an eviction lawsuit in accordance with Article 6570/7-d.
Conditions of eviction cases filed due to necessity;
1. There is an obligation to use the residence or workplace of the new owner or his relatives, which is clearly stated in our law.
In accordance with Article 350 of the Turkish Code of Obligations, the lessor is responsible not only for himself; Eviction of the tenant may also be requested if his/her spouse, descendants, ancestors or dependents required by law require it.
The summary of the decision of the 6th Civil Chamber of the Supreme Court of Appeals, numbered 2000/1983 and Decision no. 2000/2109, regarding the eviction of the leased property may be requested in terms of relatives clearly listed in the law and the existence of the need is mandatory, is as follows;
“The plaintiff requested his release, claiming that his son was working as a worker in France and that his daughter-in-law and grandchildren would return to Turkey and live in detention. Article 7/b of Law No. 6570 stipulates that the lessor or the owner who is not a lessor may file a lawsuit for the needs of his/her spouse and children. An eviction request cannot be made due to the needs of the daughter-in-law and grandchildren. Moreover, it is understood that the needy bride and grandson are in France and have not returned to Turkey. An eviction lawsuit cannot be filed for needs that have not yet arisen. “While it should have been decided to reject the case by taking these issues into consideration, it was wrong to decide on release with written justification.”
As can be understood from the decision given above, the degrees of kinship listed in the law are limited. In addition, it is clearly understood from the decision that in order for the eviction case due to necessity to be accepted and the tenant to be evicted, the state of need must already exist at the time the case is filed.
In the Decision No. 2017/6-1540 and Decision No. 2021/878 of the General Assembly of the Supreme Court of Appeals of the Republic of Turkey, the need was briefly defined and the cases in which the dispute was taken as basis before the court were stated:
“In cases based on the allegation of need, in order to decide on release, it must be proven that the need is real, sincere and mandatory. A temporary need that is not permanent cannot be considered as a reason for evacuation, and a need that has not yet arisen or whose realization depends on a long period of time cannot be considered as a reason for evacuation. “The existence of a reason for need at the time the case is filed is not sufficient; this need must continue during the trial.”
Evacuation case due to necessity;
- The lessor occupies the lease,
- The health condition of the lessor requires moving to the rented house,
- The place where the lessor lives is not sufficient to meet the housing needs,
- Required by the lifestyle of the lessor,
- The need to put wood in the rented room located below the lessor’s residence,
- If the request of the lessor and his/her spouse to live separately is accepted,
- Reason for education of the lessor’s children,
- The lessor’s reason for being a civil servant,
is accepted in such cases.
2. The period for filing an eviction lawsuit filed due to necessity has been determined as “one month”.
In accordance with the relevant article of the Law; “If there is an obligation to use the rented property for oneself, one’s spouse, one’s descendants, one’s descendants or other persons that one is obliged to look after by law, due to housing or workplace needs, at the end of the period in fixed-term contracts, in indefinite-term contracts, the termination period and the periods foreseen for notice of termination in accordance with the general provisions regarding rent. may be terminated by filing a lawsuit within one month, starting from the date to be determined in accordance with the law.”The right to file a lawsuit is subject to a one-month limitation period. On the other hand, it is stipulated in the text of the Law article that the termination period and the periods stipulated for termination notification must be observed. At this point, it would be appropriate to make an evaluation together with the termination clauses that regulate the termination of the lease agreement by declaration of will. The general view accepted in practice is; If the lessor wishes to file an eviction lawsuit, in fixed-term contracts, a notice must be given to the tenant at least three months before the last day of the lease; In terms of indefinite-term contracts, the condition of at least three months’ notice must be complied with, provided that six-month termination periods are observed. To give an example: Since the lease agreement dated 05.05.2019 turned into an indefinite term at the end of one year, For the lessor who will request the evacuation of the leased property due to necessity in 2022, 6-month termination periods should be taken as basis. If the notice period to the tenant is not complied with, the case will be rejected due to procedural reasons.
3. After the tenant is evacuated, the real estate must not be rented to anyone else for three years.
Paragraph 1 of Article 355 of the Turkish Code of Obligations, titled “re-rental prohibition”, states: “When the lessor ensures the evacuation of the leased property for necessity purposes, he cannot rent the leased property to anyone other than the former tenant, without a justified reason, unless three years have passed.” It includes the provision. According to this provision, the owner does not have the right to rent the real estate to third parties other than the former tenant unless three years have passed since the conclusion of the eviction case due to necessity. Otherwise, the lessor must pay compensation to the tenant evicted due to necessity, not less than one year’s rent paid in the last rental year.
In summary from the decision of the 3rd Civil Chamber of the Supreme Court of Appeals numbered 2017/6483 E., 2019/2527 K.; “Accordingly, considering the above explanations; According to the declaration of the plaintiff party, the rented property was evacuated on its own on 01/01/2012 after the notification of the notice, and since it was not possible to ensure the evacuation by implementing an eviction lawsuit filed by the defendant due to necessity and the court decision given as a result of this eviction lawsuit, the compensation conditions set out in Article 355 were not possible. has not occurred. In this case, while the court should have rejected the case, the decision to accept it in writing was not deemed appropriate and required reversal.”
In its decision numbered 2017/4956 and decision numbered 2019/871, the 3rd Civil Chamber of the Supreme Court of Appeals of the Republic of Turkey gave a precedent decision proving that in order for the conditions for compensation to be met, the evacuator must have filed a lawsuit of necessity.
“In the concrete incident; While the plaintiff was a tenant in the real estate with a two-year lease agreement dated 01.06.2011, the defendant requested the plaintiff’s eviction from the house with a notice dated 17.12.2013 on the grounds that he needed the house, and the plaintiff tenant evicted the house in May 2014 and after the real estate was evacuated. There is no dispute that it was subsequently rented to a third party. It is understood that the defendant lessor did not file an eviction lawsuit for the purpose of necessity, and the plaintiff tenant did not evacuate the immovable property by a judicial decision or enforcement. In this case, compensation conditions have not been met in accordance with Article 355 of the Turkish Code of Obligations No. 6098.”
The Court in Charge and Competent in the Eviction Case
The competent court for eviction due to necessity is the civil court of peace in accordance with Article 4 of the Code of Civil Procedure, and the competent court is the court of the place where the leased property is located.
In Which Situations Is It Not Acceptable?
Although it is filed due to a certain need, in some cases, if it is determined that there is no real and sincere need, the decision in eviction cases is in favor of the tenant. These are;
Applications for the needs of people who do not belong to the descendants and superiors of the landlord
Acting in the landlord’s own interests (pursuing personal interests such as evicting the tenant and renting to a higher tenant)
Going to court due to arbitrary reasons and insincere situations far from reality
Situations such as going beyond the contract and not observing the deadlines specified in the agreement are not found appropriate by the court.
