Article 354 of the Turkish Code of Obligations (TBK) numbered 4721 regulates the special cases in which the lease agreement can be terminated through a lawsuit. According to this article, certain reasons listed in the law must exist in order for the tenant to be evicted. Although these reasons are limited, they are of great importance both in terms of protecting the rights of tenants and ensuring stability in the housing market.
The reasons for eviction of the tenant listed in the law are as follows:
Non-payment of rent: If the tenant delays paying the rent for two months or does not pay one month’s rent despite a justified warning, the landlord may terminate the lease agreement and request the tenant’s eviction.
Major repair: If the real estate requires major repair, expansion or alteration for the purpose of reconstruction or development and its use is impossible during these works, the lease agreement may be terminated.
Lessor or family members’ needs: If the lessor or family members want to use the property for an urgent and essential need for themselves or their family members, they can terminate the lease and request the tenant’s eviction.
Written eviction commitment: If the tenant has made a written commitment to terminate the lease on a specific date, the lessor can terminate the lease based on this date and request the tenant’s eviction.
Other eviction reasons: Other eviction reasons listed in Article 356 of the TCC may also lead to the tenant’s eviction. These reasons include the tenant’s unlawful use of the property, causing discomfort to neighbors or damaging the property.
The limited number of reasons for the tenant’s eviction protects the tenant’s housing rights. In this way, tenants are protected from arbitrary evictions and can live in peace in their homes. In addition, even if the lease is terminated, the tenant is granted legal rights and a certain period of time.
The limited number of reasons for the tenant’s eviction also contributes to stability in the housing market. This way, tenants can make long-term housing plans without having to move constantly, which is beneficial for both tenants and landlords.
