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Is the Lessor Entitled to Take Out the Tenant in Turkey?

: 2019-04-30 Modified date : 2019-05-31

Is the Lessor Entitled to Take Out the Tenant in Turkey?
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Questions that are frequently asked: Is the Lessor entitled to take out the tenant?

From time to time, it is customary to see disputes between the lessor and the lessee, many of which are in fact due to the ignorance of one or both of the rights and obligations of the lease.

Is the Lessor entitled to take out the tenant? What are the rights of the lessor?

Before answering the question: Is the Lessor entitled to take out the tenant? It is necessary to state the rights of the lessor (owner of the property) in accordance with Turkish law by the following points:

  • Taking the rent fees from the tenant.
  • The rent to be paid at the end of the month unless a different time is specified within the contract.
  • The Lessor may terminate the contract if the tenant fails to pay the rent.
  • The Lessor has the right not to make any change in the property without obtaining written permission from him.
  • The Lessor shall have the right to receive the property from the lessee as he has fully delivered it except for the facilities, which can wear off with use.

Is the Lessor Entitled to Take Out the Tenant ?

Is the Lessor entitled to take out the tenant?

What are the tenant's take out ways?

The following are the cases stipulated in the Turkish law that enables the Lessor to take out the tenant:

    1. Termination of the lease term

Where the contract expires at the end of the period provided for the tenant to use the property unless both parties wish to renew the contract.

    2.  Selling the property by the owner

Details of the sale of the property are as follows:

  • If a legal agreement did not happen with the tenant prior to the sale of the house, then an explanation must be added to the title deed based on the lease, otherwise, a notice must be sent to the tenant within a maximum period of one month from the date of transfer of the property.
  • If no notice is sent to the Tenant within a month, this means implicit acceptance of the valid lease prior to the sale.
  • In the event of a prior agreement with the Tenant, there is no need for any time limit, but this legal agreement must have been done in writing and in the presence of two witnesses.
  • The old property owner must transfer the insurance amount to the new owner.

     3. The desire to make repairs or modifications to the property

The owner of the property has the right to undertake the necessary repairs or reconstruction to preserve his property’s value, but in this case, it is prohibited to lease the property to the non-tenant, and this prohibition applies for three years.

     4. Frequent tenant delay from paying rent

This is because the purpose of the contract is a mutual benefit. There is no doubt that the failure of the tenant to pay the rent, or the frequent delay in payment of the benefit of the owner of the property, and the owner of the right to cancel the lease and take out the tenant in this case.

    5. The owner or his first-degree relatives’ need of the house for housing

The owner of the property may terminate the lease if he, she, or a relative of the first-degree class it for housing. In this case, he is not entitled to lease the property to a tenant other than the old tenant for a period of three years.

Edited by: Imtilak Real Estate ©

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