September 14, 2024
Tenancy and Condominium Law
· Mediation
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When the need arises for the lessor, his/her spouse, descendants, ascendants or legal dependants to use the rented property, it is possible to terminate the lease agreement. This situation is called “eviction due to need”. According to Article 350 of the Turkish Code of Obligations, an eviction lawsuit can be filed against the tenant for this reason. However, in order for this lawsuit to be filed, the lessor must have a real need and this need must be sincere. For example, the landlord may want to evict the tenant in order to use the property for himself/herself or his/her family.
There are several important steps that need to be followed in order to file an eviction case due to necessity:
Notification of Need: The landlord must notify the tenant of the request for eviction due to need at least 1 month before the end of the lease. This notification is usually made through a notary.
Filing an Eviction Lawsuit: If the tenant does not vacate the property after the notice, the landlord may file a lawsuit. The lawsuit must be filed within 1 month from the end of the lease agreement.
Burden of Proof: The lessor is responsible for proving in court why they need the property. Evidence must be provided that this need is sincere and real. For example, documents showing that the house the lessor or their family lives in is unusable are examples of this.
If the tenant is evicted as a result of an eviction case due to necessity, the landlord cannot rent the same property to someone else for 3 years. The landlord who does not comply with this prohibition may have to pay compensation to the former tenant. This is one of the provisions of the law that protects the tenant and was introduced to prevent malicious evictions.
With the new regulation that came into force on September 1, 2023, mediation has become a mandatory condition for litigation in rental disputes. This also applies to eviction cases due to necessity. It is not possible to file a lawsuit in court before the mediation process is completed. If an agreement cannot be reached in mediation, litigation may be initiated.
The competent court for eviction cases due to necessity is the Civil Courts of Peace. The Civil Court of Peace where the real estate is located is accepted as the competent court. If a lawsuit is filed regarding a real estate in Çorlu, the Çorlu Civil Court of Peace will hear this case.
The attorney fee in a case of eviction due to necessity is determined within the framework of the attorney minimum fee tariff determined by the Union of Turkish Bar Associations. As of 2024, the attorney fee in a case of eviction due to necessity will vary depending on the difficulty of the case and the experience of the attorney, and the fee may also increase depending on the costs incurred during the case, the number of hearings and the duration of the case.
For those who are considering filing an eviction case in Çorlu due to necessity, the legal support of a professional lawyer is very important for the successful conclusion of the case. Legal processes can be complex and since rental law is a field that requires specialization, getting advice from an experienced lawyer ensures that the rights of the lessor are fully protected.
If you need legal services for an eviction case in Çorlu, you can contact Penbegül Law. With its experience in the field of rental law, it provides legal support in your eviction cases and takes the necessary steps for the processes to be concluded quickly.
We are here for you for expert legal and mediation services in Çorlu. Contact us to answer your questions, guide you through your legal processes and offer the best solution.
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