Does the End of a Lease Always Mean Eviction?
The expiry of the lease term in leases of residential premises and workplaces with a roof does not, by itself, entitle the lessor to evict the lessee directly.
The Turkish Code of Obligations makes the lessor’s termination of the lease subject to certain conditions. Therefore, the legal basis for the eviction request must be correctly determined.
Eviction on Grounds of Need
Where the lessor, the lessor’s spouse, descendants, ascendants or other persons specified by law have a need for residential or business premises, an action for eviction on grounds of need may be brought.
However, merely saying “I need the house” is not sufficient. In practice, whether the need is genuine, bona fide and necessary is one of the central issues in the dispute. The provisions of the Turkish Code of Obligations concerning eviction on grounds of need are applied within this framework.
Non-Payment of Rent
The lessee’s failure to pay rent on time may also lead to eviction if certain conditions are met.
The procedure to be followed may vary depending on the specific circumstances, including the service of a payment order, eviction for default, or an action based on a justified notice.
Therefore, not only the existence of rent arrears but also the payment dates and any prior notices or enforcement proceedings are important.
Written Undertaking to Vacate
A written undertaking to vacate given by the lessee after delivery of the leased property may, under certain conditions, constitute a basis for eviction.
However, the date of the undertaking, its content, the circumstances in which it was given, and whether the eviction date is specified are important. In disputes concerning undertakings to vacate, the validity of the document is assessed separately.
Mediation in Lease Disputes
As of 1 September 2023, applying to a mediator before filing a lawsuit has become a condition of action in many disputes arising from lease relationships. The provisions on the eviction of leased immovables through non-judgment enforcement proceedings under the Law on Enforcement and Bankruptcy are among the exceptions to this requirement.
Accordingly, before filing a lawsuit directly in a lease dispute, it should be checked whether the dispute falls within the scope of mandatory mediation as a condition of action.
Conclusion
In lease disputes, a single fact such as “the contract has ended”, “the rent was not paid” or “I need the house” is often insufficient to explain the entire process.
The ground for eviction, the content of the lease, notices given, payment dates and prior proceedings should be assessed together. In addition, if a lawsuit is to be filed, it should be checked in advance whether mediation is a condition of action.
Related practice area: For more detailed information on this topic, please visit our Tenancy and Real Estate Law page.
This article is for general informational purposes only. In tenancy disputes, the applicable time limits and the legal route to be followed may vary depending on the specific circumstances of the case.