Eviction cases are a situation that we often encounter in relationships regulated by lease agreements. In such cases, the lessor may request the tenant to vacate the property if certain conditions occur. An eviction case due to need is one of these conditions. In this article, we will examine all the details of an eviction case due to need.
What is an Eviction Case Due to Need?
According to Article 351 of the Turkish Code of Obligations, the lessor may request the tenant to vacate the property if certain conditions occur. One of these conditions is that the lessor or their legal representative or family members have an urgent and real need for the house. This need may apply to the house itself or an independent section.
Conditions for Filing an Eviction Case Due to Need:
In order to file an eviction case due to need, the following conditions must be met cumulatively:
The lessor or their legal representative or family members have an urgent and real need for the house.
The landlord must have had the tenants reside in the premises for at least one year.
The landlord must give the tenants 3 months’ written notice to terminate the lease and for the tenant to move.
The landlord must pay the tenants compensation equal to three months’ rent for moving expenses.
Points to Consider in the Lawsuit:
The landlord’s need must be real and urgent. An eviction lawsuit cannot be filed due to a need that may arise in the past or in the future.
The landlord’s need must be limited to the premises or its independent section. For example, the landlord cannot request the eviction of the premises for the landlord’s workplace needs.
The landlord must terminate the lease and give the tenants 3 months’ written notice.
The landlord must pay the tenants compensation for moving expenses.
Lawsuit Process:
An eviction lawsuit due to need is filed in the civil court of peace. The reason for the landlord’s need and evidence must be clearly stated in the petition. After reviewing the evidence, the court decides whether the eviction request will be accepted or not. If the eviction request is accepted, the tenants are given a 3-month period to move out.
