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Ways of Evicting the Tenant and Duties of the Lessor According to Turkish Law

: 2016-11-30 Modified date : 2019-05-02

Ways of Evicting the Tenant and Duties of the Lessor According to Turkish Law
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For a reason or another, some real estate owners are asking about ways to evict the tenant from the property. The relationship between the lessor and the tenant may have been affected by the ignorance of each other's rights according to Turkish law.

Unlike the trader, for example, the landlord in Turkey cannot get the tenant out unconditionally.

The following are the ways to evict the tenant, the duties and rights of the owner of the property, and answer the following questions: Is the landlord entitled to evict the tenant? When is the lessor entitled to take the tenant out in the light of Turkish law?

Ways of taking the tenant out according to Turkish law:

The landlord is entitled to get the tenant out in the following cases:

  1. Expiry of the lease term

Where the period stipulated for the Tenant's use of the Property shall expire unless the Parties wish to renew the Contract.

  1. If the owner sold the property
  • If the tenant is not legally agreed with before selling the house, then an explanation must be added in title deed based on the lease. Otherwise, a notice must be sent within one month from the date of transfer of the property.
  • If you any notification is not sent within a month, this means accepting the lease agreement in effect before 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 made in writing and in the presence of two witnesses.
  • The old landlord must transfer the insurance amount to the new landlord.
  1. The desire to make repairs or alterations to the property

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

Ways of getting the tenant out

  1. Frequent tenant delay on paying rent

This is because the purpose of the contract is a mutual benefit. The tenant's failure to pay the rent, or the frequent delay of paying the rent, will withhold interest from the landlord. Hence, the landlord has the right to cancel the lease and to take the tenant out in this case.

  1. The landlord or a relative of the first class needs of the house for the purpose of housing

The owner of the property may terminate the lease if he or she or a relative of the first degree needs the property for the purpose of 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.

Duties of the landlord towards the tenant in accordance with Turkish law

  • Paying all taxes and insurance related to the leased property.
  • Paying all anticipated and unanticipated expenses of the leased property.
  • In the event of any defect in the property causing damage to the tenant, it is the responsibility of the lessor to repair this defect.
  • The tenant cannot be liable for a penalty clause if he is late to pay the rent.
  • The tenant may ask the landlord to repair any defect within a reasonable period of time. If he does not repair the defect during the specified period, the tenant may repair it and deduct the expenses resulting from the rent of the property.

Duties of the tenant towards the owner of the property in accordance with Turkish law

Paying the rent is one of the most important duties of the tenant.

The rent is paid at the end of the month if no different time is specified within the contract.

If the tenant does not pay rent for the property, the landlord can revoke the contract.

If the tenant wants to make any change in the property he must obtain written permission from the landlord.

The lessee must return the property to the owner as he has received it, but is not responsible for facilities that are obsolete with usage.

When the landlord is entitled to evict the tenant

Revoking the contract by the tenant

If the tenant vacates the property without complying with the period stated in the lease contract, he must continue to pay the rent until the end of the contract or until another tenant receives it on similar terms.

Edited by: Imtilak Real Estate ©



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