Termination of Lease Agreements Exceeding 10 Years and Eviction of the Tenant What is a 10-Year Lease Agreement?
According to the Turkish Code of Obligations, lease agreements can be for a definite period or an indefinite period. While fixed-term lease agreements expire at the end of the specified period, indefinite-term lease agreements continue without any end date. A 10-year lease agreement is a situation where an indefinite-term lease continues uninterruptedly for 10 years.
Is It Possible to Terminate a 10-Year Lease Agreement?
Yes, 10-year lease agreements can also be terminated under certain conditions. These conditions are divided into two:
Termination According to General Provisions:
Tenant Can Terminate Any Time: The tenant can terminate the lease at any time, including before the end of 10 years, without giving any reason and without paying compensation. To do this, a written notification is sufficient. The notice of termination must be made at the end of the last month in which the tenant paid the rent. For example; If the tenant pays rent on the 15th of each month, notice of termination must be served on the 15th.
Lessor Can Terminate After 10 Years: The lessor may terminate the lease agreement in accordance with general provisions after 10 years have passed from the beginning of the lease, without giving any reason and without paying compensation to the tenant. In this case, a written notification must be made and the notification must be made at the end of the last month in which the tenant paid the rent.
Specific Reasons for Termination:
In addition, the 10-year lease agreement can be terminated in case of special termination reasons specified in the Turkish Code of Obligations No. 6098. Some of these reasons are:
Tenant delaying rent
Tenant’s careless use and damage to the real estate
Tenant disturbing neighbors
The lessor uses the real estate for the urgent housing needs of himself or his family members.
Termination Procedures and Eviction Case
After the notice of termination is given by the lessor in accordance with the general provisions, the tenant must vacate the property within 3 months. If the tenant does not vacate the property within this period, the lessor may file an eviction lawsuit. The eviction case is filed in the Civil Court of First Instance where the tenant and the lessor reside. As a result of the case, the court may decide to evict the tenant.
Things to pay attention
Notices of termination must be in writing and communicated.
In the termination notice, the reason for termination and the date of termination must be clearly stated.
The termination notice must be made at the end of the last month in which the tenant paid the rent.
The lessor must send a written warning to the tenant before filing for eviction.
The eviction lawsuit must be filed in the competent court.
