Real estate rental relationships are a complex issue that involves important rights and obligations for both the tenant and the owner. One of the most curious issues in these relationships is the possibility of filing an eviction lawsuit due to the needs of the new owner. In this article, we will examine in detail the conditions, process and tenant rights of filing an eviction lawsuit due to the needs of the new owner.
Legal Basis:
The possibility of filing an eviction lawsuit due to the needs of the new owner is based on Article 351/1 of the Code of Obligations. According to this article, if the owner wants to use the real estate for the housing or workplace needs of himself, his spouse, his descendants, his ancestors or his legal representative, he can terminate the lease agreement and have the tenant evacuated and the real estate evacuated.
Conditions:
In order for the new owner to file an eviction lawsuit due to his/her needs, certain conditions must be met. These conditions are:
• Ownership: The person filing the lawsuit must be the owner of the immovable property to be evacuated.
• Need: The owner must use the real estate for the housing or workplace needs of himself, his spouse, his descendants, his descendants or his legal representative. This need must be a real and urgent need.
• Warning: The owner must notify the tenant of his need by sending a written warning within 1 month from the date of purchasing the real estate.
• Duration: Malik must wait 6 months after sending the notice. At the end of this period, he/she has the right to file a lawsuit.
Litigation Process:
Due to the needs of the new owner, the eviction case is filed in the Civil Court of Peace. When filing a lawsuit, evidence must be presented to prove the owner’s needs. These evidence may include situations such as the owner’s residence or workplace being unsuitable, or the property being more suitable for residential or workplace needs.
Tenant Rights:
Filing an eviction lawsuit does not eliminate all rights of the tenant. The tenant can take some steps to protect his legal rights:
• Claiming Compensation: The tenant has the right to demand compensation from the owner for moving expenses and other damages he may suffer due to eviction.
• Filing a lawsuit: The tenant can file a lawsuit requesting the rejection or delay of the eviction lawsuit.
• Finding a New Residence or Workplace: The tenant has a reasonable time to find a new residence or workplace until the eviction date arrives.
