The tenancy relationship between a tenant and a landlord is a legal relationship that places mutual rights and obligations on both parties. In some situations, however, continuing the lease may become untenable for one of the parties, and the eviction of the property may become an issue.

A tenant eviction lawsuit (kiracı tahliye davası) is the legal process in which the landlord asks for the tenant to be removed from the property once the conditions set out in the law are met. For an eviction claim to be valid, however, simply being the owner of the property is not enough. The grounds for eviction set out in the law and the procedural requirements must be assessed correctly.

When Can a Tenant Be Evicted?

Terminating a lease and removing the tenant from the property are subject to specific conditions under the Turkish Code of Obligations (TBK). For a landlord to claim eviction, there must be a legal ground that fits the specific case.

Situations such as the tenant’s failure to pay the rent, the landlord’s or the landlord’s relatives’ need for the property, the existence of an eviction undertaking, or the need to vacate the property for reconstruction or major renovation may be among the main issues that require legal assessment.

Eviction Based on Unpaid Rent

A tenant’s failure to pay the rent on time can have significant legal consequences for the landlord. In an eviction based on unpaid rent, however, it is not only the existence of the debt that matters, but also the notices given, the payment process and the legal requirements.

Handling the legal steps for unpaid rent correctly can be decisive for the outcome of the eviction claim.

Eviction Lawsuit Based on Need

An eviction lawsuit based on need may arise where the landlord has a genuine and sincere need for the property for themselves, their spouse, their descendants or persons they are legally obliged to support.

Merely asserting a need as a formality, however, is not enough. The courts assess whether the need is genuine, compelling and sincere according to the circumstances of the case.

Removing a Tenant with an Eviction Undertaking

An eviction undertaking (tahliye taahhütnamesi) given by the tenant can give the landlord the possibility of eviction if it meets certain conditions. For the undertaking to be valid, however, the time it was drawn up, its content and the intention of the parties are important.

In practice, eviction undertakings obtained together with the lease agreement, or whose conditions are disputed, can lead to various disputes.

Can a New Owner Evict the Tenant?

Where there is an existing tenant in a property that has been purchased, different legal situations may arise between the new owner and the tenant.

The fact that a new owner has acquired the property does not in itself mean that the tenant can be removed immediately. Under what conditions and within what time limit the eviction claim can be made must be assessed separately.

How Does a Tenant Eviction Lawsuit Proceed?

In eviction lawsuits, the ground for the claim, the features of the lease agreement, the notices exchanged by the parties and the available documents are of great importance. The court does not rely only on the parties’ allegations; it makes its assessment on the basis of all the information and documents submitted to the case file.

For this reason, carrying out the steps in the eviction process on time and in accordance with the law is important for protecting the parties’ rights.

The Tenant’s Rights in an Eviction Lawsuit

From the tenant’s side, too, it must be examined whether the eviction claim is lawful. Not every eviction claim is accepted automatically.

Whether the ground for eviction is genuine, whether the legal conditions are met and whether the process has been conducted in accordance with the procedure are important for the protection of the tenant.

Preventing Disputes in Tenancy Relationships

Many disputes in tenancy relationships arise because the necessary legal assessments were not made when the contract was drafted or while the tenancy was ongoing.

Drafting lease agreements correctly, knowing the rights and obligations of the parties and taking legal steps on time can help prevent long-running disputes.

Legal Assessment in the Tenant Eviction Process

Tenant eviction lawsuits are not simple cases filed merely to have a property vacated. They are legal processes that require careful assessment from the perspective of both the right of ownership and the tenant’s right to housing.

For this reason, the ground for eviction, the terms of the contract and the current legal situation must be examined together.