Eviction due to the landlord's genuine need is one of the legal grounds for eviction regulated under the Turkish Code of Obligations. A landlord may request the eviction of a tenant if they, or certain close relatives specified by law, genuinely require the property for residential or commercial use. However, strict legal requirements, procedural rules and statutory deadlines must be observed throughout the process.
What Is Eviction Due to the Landlord's Genuine Need?
Pursuant to Article 350 of the Turkish Code of Obligations, a landlord may file an eviction lawsuit if they, their spouse, descendants, ascendants or another person they are legally obliged to support has a genuine, sincere and mandatory need for the leased residential or commercial property. The court will evaluate whether the alleged need is real and justified before deciding on eviction.
Legal Requirements for an Eviction Lawsuit
In order for an eviction claim to succeed, the person claiming the need must fall within the categories specified by law, and the need must be genuine, current and sincere. Future or speculative needs are generally insufficient to justify eviction.
Time Limits for Filing an Eviction Lawsuit
For fixed-term lease agreements, an eviction lawsuit must generally be filed within one month after the lease expires. For indefinite-term lease agreements, the statutory notice periods and termination procedures provided under the Turkish Code of Obligations must be followed. In some cases, sending a written notice within the prescribed period may extend the time available to file the lawsuit.
Eviction by a New Property Owner
A new owner who acquires the property may also seek eviction if they genuinely require the premises for themselves or for close relatives specified by law. Article 351 of the Turkish Code of Obligations sets out the legal conditions and deadlines applicable to newly acquired properties.
Restriction on Re-Letting the Property
Turkish law prevents landlords from evicting tenants under the pretext of personal need merely to lease the property to someone else at a higher rent. Unless there is a justified reason, the property cannot be rented to another person for three years following an eviction based on genuine need. Otherwise, the landlord may become liable to compensate the former tenant.
Which Court Has Jurisdiction?
Lawsuits concerning eviction due to the landlord's genuine need are heard by the Civil Court of Peace in Türkiye. Proper calculation of legal deadlines, timely service of notices and sufficient evidence supporting the claimed need are all crucial factors affecting the outcome of the case.
What Evidence May Be Used?
Lease agreements, title deeds, official notices, population registry records, witness statements and other documents demonstrating the landlord's genuine need may all serve as evidence. The appropriate evidence depends on the specific circumstances of each individual case.
Important Information
Eviction lawsuits based on genuine need involve strict procedural rules, statutory deadlines and evidentiary requirements. Missing a deadline or making procedural mistakes may result in the dismissal of the lawsuit. Seeking professional legal assistance is therefore strongly recommended.
Frequently Asked Questions
Under what conditions can a tenant be evicted due to the landlord's genuine need?
A landlord may file an eviction lawsuit if they, their spouse, descendants, ascendants or another person they are legally obliged to support has a genuine, sincere and mandatory need for the residential or commercial property.
When should an eviction lawsuit based on the landlord's genuine need be filed?
For fixed-term lease agreements, the lawsuit must generally be filed within one month after the lease expires. Different statutory rules apply to indefinite-term lease agreements.
Can a new property owner evict the tenant due to personal need?
Yes. A new owner may request eviction if the legal conditions set out in Article 351 of the Turkish Code of Obligations are satisfied.
Can a property be rented to someone else after a tenant has been evicted due to the landlord's genuine need?
As a general rule, the property cannot be rented to another tenant for three years without a justified reason after an eviction based on genuine need. Otherwise, the landlord may be liable to pay compensation to the former tenant.
Is hiring a lawyer mandatory in an eviction lawsuit based on the landlord's genuine need?
Under Turkish law, legal representation is not mandatory. However, obtaining professional legal assistance is important to avoid the loss of legal rights, particularly regarding procedural requirements, notice periods and the burden of proof.
For more information about landlord-tenant disputes and real estate matters, please visit our Real Estate Law page.
Need Legal Assistance?
If you need legal advice regarding eviction lawsuits, lease agreements or other landlord-tenant disputes under Turkish law, you may contact Esra Kırşavoğlu Law Office for professional legal assistance.
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