Since 1992, Akkas & Associates Law Firm has been a leading provider of expert legal services in Istanbul, specializing in real estate and tenancy law. One of the most sensitive and complex areas we handle is eviction due to need under Turkish law—a process that requires strict adherence to legal criteria to protect both landlords and tenants.
As Akkas & Associates Law Firm, a leading full-service law firm in Istanbul providing comprehensive legal services since 1992, we understand the complexities surrounding real estate and tenancy in Turkey. The dynamic nature of property ownership often leads to situations where landlords require their leased properties back for personal use.
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Understanding the Concept of Eviction Due to Need
In Turkey, a landlord’s right to evict a tenant is not absolute. The Turkish Code of Obligations (Law No. 6098) provides specific and limited grounds upon which a landlord can terminate a lease agreement. One of the most frequently invoked, yet often misunderstood, grounds is the landlord’s genuine and compelling need for the property for themselves or certain close family members.
This ground for eviction, stipulated primarily under Article 350 of the Turkish Code of Obligations, aims to strike a balance between the landlord’s right to use their property and the tenant’s right to housing stability. It is crucial to understand that merely wanting the property back is insufficient; the law requires a “genuine, sincere, and necessary” need.
Who Can Claim “Need” for Eviction?
The scope of “need” for eviction is clearly defined. A landlord can initiate eviction proceedings based on this ground if the property is genuinely required for:
- The landlord themselves: This is the most direct application. For instance, if the landlord does not have a suitable place of residence, or needs the property for their professional activities, this ground may apply.
- The landlord’s spouse: The need of the landlord’s husband or wife is also considered a valid ground.
- Descendants (children, grandchildren): If the landlord’s children or grandchildren genuinely require the property for their residence or professional activities, this can be a basis for eviction.
- Ascendants (parents, grandparents): Similarly, the landlord’s parents or grandparents requiring the property can justify an eviction.
- Other persons whom the landlord is legally obliged to support: This category is narrower and typically refers to individuals for whom the landlord has a legal duty of care and support.
It is paramount that the asserted need is not merely a pretext for re-renting the property at a higher rate or for other commercial gain. Turkish courts are meticulous in their examination of such claims and require substantial evidence to prove the sincerity and necessity of the declared need.
The Nuances of “Genuine, Sincere, and Necessary” Need
The legal interpretation of “genuine, sincere, and necessary” is at the core of any eviction due to need case. The Turkish Supreme Court (Yargıtay) has established a consistent line of jurisprudence on this matter. Key considerations include:
- Lack of Alternative Residence: A common and strong indicator of genuine need is the landlord’s lack of a suitable alternative residence. If the landlord or the family member for whom the property is needed possesses another suitable property, the claim of need may be weakened or rejected.
- Urgency and Continuity: The need must be urgent and expected to be continuous. A temporary need or one that is not yet fully materialized may not be accepted by the courts. For example, if a landlord claims the property for their child who is still studying abroad with no immediate plans to return, the urgency may be questioned.
- Proof of Necessity for Professional Activity: If the eviction is sought for professional reasons, the landlord must demonstrate that the leased property is essential for the conduct of their profession or business, and that suitable alternatives are genuinely unavailable or inadequate.
- Good Faith: The landlord’s intention must be in good faith. Evicting a tenant under the guise of personal need only to rent it out to a new tenant at a higher price shortly after eviction constitutes bad faith and can lead to significant legal repercussions, including compensation claims from the evicted tenant. According to Article 355 of the Turkish Code of Obligations, if the landlord re-rents the property to someone other than themselves or their close family within three years, the evicted tenant may file a compensation lawsuit.
The Eviction Process: Step-by-Step Guidance
Navigating the eviction process due to need in Turkey requires meticulous adherence to legal procedures. Any misstep can significantly delay or even derail the process.
- Notification (Warning Letter): The first crucial step is to send a formal written notice to the tenant. This notice, preferably sent through a notary public to ensure legal validity and proof of delivery, must clearly state the reason for eviction (landlord’s need) and specify the date by which the tenant is expected to vacate the property.
- Fixed-Term Contracts: For fixed-term lease agreements, the lawsuit for eviction due to need must be filed within one month after the expiry of the contract term. The notice should be given at least three months before the end of the lease term.
- Indefinite-Term Contracts: For indefinite-term contracts, the landlord must give notice at least three months before the end of a six-month rental period. The eviction lawsuit must be filed within one month after the specified vacating date in the notice.
- Mediation Requirement: As of September 1, 2023, rental disputes, including eviction cases based on need, are subject to mandatory mediation in Turkey. Before filing a lawsuit, parties must attempt to resolve the dispute through a court-appointed mediator. If an agreement is reached, it has the force of a court judgment. If mediation fails, a “non-settlement report” is issued, allowing the parties to proceed to litigation.
- Filing an Eviction Lawsuit: If mediation proves unsuccessful, the landlord must file an eviction lawsuit (tahliye davası) with the Civil Peace Court (Sulh Hukuk Mahkemesi) where the property is located. The lawsuit petition must clearly articulate the genuine, sincere, and necessary nature of the landlord’s need and be supported by relevant evidence.
- Court Proceedings and Evidence: During the court proceedings, both parties will present their arguments and evidence. The landlord bears the burden of proving their genuine need. This may involve submitting documents such as:
- Title deeds
- Civil registry records (to prove family relation)
- Proof of current living situation (e.g., rental agreement for current residence, or lack of suitable property)
- Documents related to professional activities (if the need is for business purposes)
- Any other documents supporting the sincerity and necessity of the declared need. The tenant, in turn, can present counter-arguments or evidence challenging the landlord’s claim, such as demonstrating the landlord possesses alternative suitable properties or that the claim is not genuine.
- Court Decision and Enforcement: If the court rules in favor of the landlord, an eviction order will be issued. If the tenant does not voluntarily vacate the property within the specified period, the landlord must apply to the Enforcement Office (İcra Dairesi) to enforce the eviction order. Enforcement officers, with the assistance of law enforcement if necessary, will then carry out the physical eviction.
Special Circumstance: Eviction Due to New Owner’s Need
A distinct, though related, ground for eviction arises when a property is sold, and the new owner requires it for their own use or that of their immediate family. This scenario is governed by Article 351 of the Turkish Code of Obligations.
- Notification Period: The new owner must notify the tenant in writing within one month from the date of acquiring the property, stating their intention to claim the premises for personal use and to seek eviction at the end of the current lease term.
- Lawsuit Filing: The eviction lawsuit must be filed within one month following the end of the lease term. Alternatively, the new owner can provide a six-month notice to the tenant after acquiring the property, regardless of the lease term, and then file an eviction lawsuit after the expiry of this six-month period if the tenant has not vacated.
It is crucial for new owners to act swiftly and adhere to these strict timelines, as failure to do so can jeopardize their right to evict on this ground.
Protecting Your Rights: Landlord and Tenant Perspectives
For Landlords:
- Documentation is Key: Maintain thorough records of all communications, lease agreements, and evidence supporting your claim of need.
- Seek Legal Counsel Early: Given the complexities of Turkish tenancy law and the strict procedural requirements, consulting with an experienced real estate lawyer in Istanbul from the outset is highly recommended. A lawyer can ensure proper notice, prepare a strong case, and navigate the mediation and litigation processes effectively.
- Good Faith is Paramount: Always act in good faith. False claims of need can lead to severe penalties.
For Tenants:
- Understand Your Rights: Tenants in Turkey have significant protections under the law. Do not assume you must vacate simply because your landlord states they need the property.
- Review Notices Carefully: Scrutinize any eviction notice received. Ensure it is legally valid, clearly states the reason, and provides adequate notice.
- Do Not Hesitate to Seek Legal Advice: If you receive an eviction notice, especially one based on the landlord’s need, immediately consult with a Turkish tenancy lawyer. They can assess the validity of the claim, advise you on your rights, and represent you in mediation or court.
- Gather Evidence: If you believe the landlord’s claim is not genuine, gather evidence to support your position, such as proof of the landlord owning other properties, or indications that the property is being advertised for rent at a higher price.
Conclusion & Suggestions
Eviction due to owner’s need in Turkey, while a legitimate ground for terminating a lease, is subject to strict legal conditions and procedural requirements. Both landlords and tenants must navigate this process with a clear understanding of their rights and obligations under the Turkish Code of Obligations. The concept of “genuine, sincere, and necessary” need is rigorously evaluated by Turkish courts, emphasizing the importance of robust evidence and good faith.
For landlords, strategic planning and meticulous adherence to legal timelines are essential to a successful eviction. For tenants, awareness of their rights and prompt legal consultation are crucial to defending against potentially unfounded claims.
In an evolving legal landscape, staying informed and seeking professional guidance from reputable law firms like Akkas & Associates is the cornerstone of protecting your interests in Turkish real estate.
FAQs on Eviction Due to Need in Turkey
Q1: What does “genuine, sincere, and necessary” need mean in the context of eviction in Turkey? A1: This legal standard means the landlord’s stated need for the property must be real, honest, and truly essential, not a fabricated reason to remove the tenant. Courts examine factors like the landlord’s lack of alternative suitable housing, the urgency of the need, and whether the property is genuinely indispensable for the claimed purpose (e.g., residence or business).
Q2: Can a new owner automatically evict a tenant due to their own need after purchasing a property in Turkey? A2: No, not automatically. A new owner must notify the tenant in writing within one month of acquiring the property, stating their need. They can then file an eviction lawsuit within one month after the lease term ends, or after a six-month notice period, depending on the specific circumstances and adherence to procedural timelines.
Q3: Is mediation mandatory for eviction cases based on the landlord’s need in Turkey? A3: Yes, as of September 1, 2023, mediation is a mandatory prerequisite for most rental disputes, including eviction due to need, before a lawsuit can be filed in court. Parties must attempt to reach a settlement through a court-appointed mediator.
Q4: What happens if a landlord evicts a tenant due to need but then re-rents the property to someone else? A4: If a landlord evicts a tenant due to genuine need but then re-rents the property to another party (who is not a close family member as defined by law) within three years, the evicted tenant may have the right to claim compensation from the landlord for damages incurred due to the wrongful eviction. This is a crucial protection against bad-faith evictions.
Q5: How long does an eviction lawsuit based on need typically take in Turkey? A5: The duration of an eviction lawsuit can vary significantly depending on the complexity of the case, the court’s workload, and whether there are appeals. It can range from several months to over a year. The mandatory mediation phase also adds to the overall timeline before a lawsuit even begins.
Q6: Can a tenant contest an eviction notice based on landlord’s need? A6: Absolutely. Tenants have the right to contest an eviction notice and the subsequent lawsuit. They can present evidence to the court demonstrating that the landlord’s asserted need is not genuine, that the landlord has alternative properties, or that the eviction is being sought in bad faith. Legal representation is highly advisable for tenants in such situations.
Reach us for Eviction Due to Need in Turkey
Eviction due to need remains one of the most challenging aspects of Turkish rental law, requiring careful navigation of complex legal requirements and evolving judicial standards. As Turkey’s property market continues to develop in 2025, understanding these legal mechanisms becomes increasingly important for both landlords and tenants.
The success of eviction due to need cases depends heavily on thorough preparation, comprehensive documentation, and skilled legal representation. Whether you’re a landlord seeking to exercise your property rights or a tenant facing eviction proceedings, professional legal guidance is essential for protecting your interests and ensuring compliance with Turkish law.
For expert assistance with eviction due to need cases, rental law disputes, or any property-related legal matters in Turkey, contact Akkas & Associates Law Firm. Our experienced legal team has been providing comprehensive legal services since 1992, helping clients navigate complex Turkish legal requirements with confidence and success.
Don’t face these challenging legal proceedings alone – reach out to our knowledgeable attorneys today for personalized legal counsel tailored to your specific situation.
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