Purchasing a property with an existing tenant can present unique challenges for new owners in Turkey. While Turkish law generally provides strong protections for tenants, it also offers avenues for new landlords to regain possession of their property under specific circumstances. Understanding the complexities of the new owner eviction lawsuit in Turkey, particularly in 2025, is crucial for a smooth and lawful transition.
At Akkas & Associates Law Firm, a top-notch full-service law firm located in Istanbul, providing legal services since 1992, we frequently advise clients on landlord-tenant disputes, including complex eviction processes. This article will delve into the legal framework surrounding new owner evictions, outlining the conditions, procedures, and vital considerations for landlords in Turkey.
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Turkish Code of Obligations and Tenant Protection
The primary legislation governing landlord-tenant relationships in Turkey is the Turkish Code of Obligations (TCO) No. 6098. The TCO is designed to protect tenants from arbitrary evictions, promoting stability in housing. This protection extends even when the ownership of a leased property changes hands.
A new owner steps into the shoes of the previous landlord, bound by the existing lease agreement under the same terms and conditions. This means that simply buying a property does not automatically grant the new owner the right to evict an existing tenant.
However, the TCO also acknowledges legitimate reasons for a new owner to seek eviction, primarily centered around a genuine need for the property.
Key Grounds for New Owner Eviction in Turkey
Article 351 of the Turkish Code of Obligations specifically addresses the eviction of a tenant by a new owner due to necessity. This article provides two main pathways for a new owner to initiate an eviction lawsuit:
- Eviction Due to Personal Need (within one month of acquisition): If the new owner, their spouse, ascendants (parents, grandparents), descendants (children, grandchildren), or other persons they are legally obliged to support, genuinely and sincerely need the leased property for residential or business purposes, the new owner can initiate an eviction process.
- The Crucial Timeframe: This ground is subject to a strict time limit. The new owner must notify the tenant in writing of their intent to evict due to personal need within one month of acquiring the property. This notification should explicitly state the reason for eviction (personal need) and request the tenant to vacate.
- Waiting Period and Lawsuit: If the tenant does not vacate the property within six months of this notification, or at the end of the existing lease term (whichever comes later), the new owner can then file an eviction lawsuit with the Civil Court of Peace (Sulh Hukuk Mahkemesi).
- Proving Genuine Need: The success of such a lawsuit heavily relies on the new owner’s ability to demonstrate a genuine, sincere, and mandatory need for the property. The courts, particularly the Court of Cassation, require concrete evidence to prevent fraudulent evictions. This might include proving the absence of other suitable properties in the vicinity, demonstrating a lack of alternative accommodation, or providing detailed plans for the intended use of the property. For example, if the new owner plans to live in the property, they might need to show their current living situation and why this specific property is necessary. If it’s for business, they would need to present a viable business plan and justification for the property’s location and size.
- Eviction at the End of the Lease Term (simplified procedure): Article 351 also offers a simplified eviction procedure for new owners, where they can wait until the end of the existing lease agreement’s term.
- Notice and Lawsuit: The new owner can notify the tenant within one month of acquiring the property that they intend to terminate the lease at its expiration. If the tenant fails to vacate the premises by the end of the lease term, the new owner can file an eviction lawsuit within one month from the lease end date.
- Less Stringent Proof of Need: While the “personal need” aspect is still implicitly relevant, this method focuses more on the expiration of the contractual term. However, it’s still generally understood that the new owner should have a genuine reason for wanting the property back, even if it’s not as stringently scrutinized as in the first scenario. This pathway is often preferred when the new owner simply wishes to take possession and manage the property themselves or enter into a new lease agreement under different terms.
The Eviction Process: Step-by-Step
Navigating an eviction lawsuit in Turkey requires adherence to specific legal procedures. Here’s a general overview of the process:
- Acquisition of Property and Review of Lease Agreement: Upon purchasing the property, the new owner should immediately obtain a copy of the existing lease agreement. Understanding the terms, duration, and conditions of the current tenancy is the first critical step.
- Formal Written Notice (Notary Public): Regardless of the chosen ground for eviction, a formal written notice (ihtarname) must be served to the tenant through a Notary Public. This ensures legal validity and provides undeniable proof of notification. The notice must clearly state the reason for eviction (e.g., personal need, termination at lease end), the specific article of the TCO being invoked, and the requested vacating date.
- Mandatory Mediation (as of September 1, 2023): A significant amendment to Turkish law, effective September 1, 2023, introduced mandatory mediation for most rental disputes, including eviction cases (except for certain enforcement proceedings). Before filing an eviction lawsuit, the new owner must apply for mediation with the relevant Mediation Office.
- Purpose of Mediation: Mediation aims to resolve disputes amicably outside of court, saving time and costs. A neutral mediator facilitates discussions between the landlord and tenant to reach a mutually agreeable solution.
- Outcome of Mediation: If an agreement is reached, it is legally binding. If no agreement is reached, the mediator issues a “no-agreement” report, which is a prerequisite for filing a lawsuit. Filing an eviction lawsuit without undergoing mandatory mediation will result in the case being rejected on procedural grounds.
- Filing the Eviction Lawsuit: If mediation fails, the new owner can proceed to file an eviction lawsuit with the Civil Court of Peace (Sulh Hukuk Mahkemesi) in the jurisdiction where the property is located. The lawsuit petition must include all relevant documentation, such as the title deed, the lease agreement, the notary-served eviction notice, and the mediation report.
- Court Proceedings: Eviction lawsuits can be complex and may involve several hearings. The court will examine the evidence presented by both parties, including witness testimonies, documents, and potentially expert reports. The burden of proof for a genuine and sincere need typically rests with the new owner.
- Obtaining an Eviction Order and Execution: If the court rules in favor of the new owner, an eviction order will be issued. If the tenant still refuses to vacate, the new owner can then apply to the Enforcement Office (İcra Dairesi) to physically evict the tenant. This involves bailiffs overseeing the vacating of the property.
Important Considerations and Potential Pitfalls
- Good Faith Principle: Turkish courts strongly uphold the principle of good faith. Any attempt to evict a tenant under false pretenses (e.g., claiming personal need but then re-renting the property to someone else at a higher price) can lead to significant penalties for the landlord, including compensation payments to the former tenant (not less than one year’s rent, as per Article 355 TCO). This prohibition generally lasts for three years from the date of eviction unless there is a justifiable reason.
- Proof of Need is Paramount: For evictions based on personal need, comprehensive and credible evidence is vital. Vague claims or insufficient documentation will likely lead to the rejection of the lawsuit.
- Timelines are Strict: Strict adherence to the one-month notice period after acquisition and the subsequent six-month waiting period (or one month from lease end) before filing a lawsuit is crucial. Missing these deadlines can jeopardize the case.
- Professional Legal Counsel is Essential: Given the complexities of Turkish landlord-tenant law, particularly concerning new owner evictions and the requirement for mandatory mediation, seeking expert legal advice is highly recommended. An experienced Turkish lawyer can guide you through each step, prepare the necessary documentation, represent you in mediation and court, and significantly increase your chances of a successful outcome. This is where a firm like Akkas & Associates excels, offering tailored advice and robust representation.
- Tenant’s Right to Continue: It’s important to remember that if the new owner does not invoke the right to evict due to personal need within the one-month timeframe or at the lease renewal period, the existing lease agreement continues under the same terms, and the new owner is bound by it.
FAQs: New Owner Eviction Lawsuit in Turkey
Q1: Can a new owner immediately evict a tenant in Turkey after purchasing a property? No. A new owner cannot immediately evict a tenant. The existing lease agreement remains valid, and the new owner steps into the shoes of the previous landlord. Eviction is only possible under specific legal grounds and after following strict procedures outlined in the Turkish Code of Obligations.
Q2: What is the primary reason a new owner can evict a tenant in Turkey? The primary reason is a genuine and sincere need for the property by the new owner, their spouse, children, parents, or legally dependent individuals, for residential or business purposes.
Q3: What are the key deadlines for a new owner to initiate an eviction lawsuit based on personal need? The new owner must send a written notice to the tenant within one month of acquiring the property, stating their personal need for eviction. If the tenant does not vacate, an eviction lawsuit can be filed after six months from the date of acquisition, or at the end of the existing lease term, whichever is later.
Q4: Is mediation mandatory before filing a new owner eviction lawsuit in Turkey? Yes, as of September 1, 2023, mandatory mediation is required for most rental disputes, including new owner eviction lawsuits, before a court case can be initiated.
Q5: What happens if a new owner evicts a tenant based on personal need but then re-rents the property? If a new owner evicts a tenant due to personal need and then, without a justifiable reason, re-rents the property to someone other than the former tenant within three years, the former tenant can claim compensation, which shall not be less than one year’s rent.
Q6: What documents are typically required to file a new owner eviction lawsuit? Key documents include the title deed of the property, the existing lease agreement, the notary-served eviction notice, and the “no-agreement” report from the mandatory mediation process.
Q7: How long does a new owner eviction lawsuit typically take in Turkey? The duration can vary significantly depending on the complexity of the case, the court’s schedule, and the evidence presented. It can range from several months to over a year.
Conclusion: Expert Guidance for New Owners
Understanding and correctly applying Turkish landlord-tenant law, especially concerning new owner evictions, is paramount to avoiding costly mistakes and protracted legal battles. The stringent requirements for notice, timing, proof of need, and mandatory mediation necessitate a meticulous approach.
If you are a new property owner in Turkey facing challenges with an existing tenant, or if you are considering purchasing a property with a tenant, obtaining expert legal advice is not just advisable, it’s essential.
Akkas & Associates Law Firm, with its extensive experience since 1992, offers comprehensive legal services in real estate law and landlord-tenant disputes. Our team of seasoned lawyers in Istanbul is well-versed in the latest legal developments and can provide the strategic guidance and zealous representation needed to navigate the complexities of a new owner eviction lawsuit in Turkey.
Contact us for Filing a New Owner Eviction Lawsuit in Turkey
If you’re a new property owner facing complex eviction proceedings, tenant disputes, or need guidance on Turkish property law, don’t navigate these challenging legal waters alone. New owner eviction lawsuits require specialized knowledge of Turkish civil law, proper procedural compliance, and strategic planning to achieve successful outcomes.
At Akkas & Associates Law Firm, our experienced legal team has been providing comprehensive property law services since 1992, helping property owners protect their rights while ensuring compliance with Turkish legal requirements. Whether you’re dealing with residential tenant evictions, commercial property disputes, or complex ownership transitions, our skilled attorneys can guide you through every step of the eviction process.
Contact Akkas & Associates Law Firm today for expert legal consultation on new owner eviction proceedings, tenant rights, property disputes, and all aspects of Turkish real estate law. Let our decades of experience work for you in achieving your property ownership objectives.
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