Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
ERDAL NUHBASA
LAW AND CONSULTING FIRM
Evicting a tenant can be a challenging process for many property owners. Especially when lacking knowledge about tenant rights and legal procedures, this process can become quite complex. First and foremost, understanding the legal framework surrounding tenant eviction is crucial.
In many countries, laws exist to protect tenants, which can complicate the eviction process for landlords. These laws not only safeguard tenants’ rights but also grant landlords the ability to evict tenants under specific conditions. Knowing the valid grounds for eviction is essential for ensuring that the process runs smoothly. If a tenant cannot be lawfully evicted or their rights are being violated, they may resort to legal action against the landlord. This situation can lead to further legal complications for the property owner, making it beneficial to seek legal counsel at every stage of the process.
Finally, patience and adherence to all legal procedures are key during the eviction process. Rushing through the steps can violate tenant rights and lead to legal issues for the landlord. It is both an ethical responsibility and a legal obligation for landlords to inform tenants about their rights and ensure those rights are upheld.
In order for the lessor to evict the tenant, the lessor must have some justified reasons. If these reasons exist, it is possible to remove the tenant. Some of the justified reasons that the landlord may rely on are as follows:
A landlord is not permitted to evict a tenant without having valid reasons for doing so. If legitimate reasons -which is written above- emerge the landlord has the right to terminate the lease and initiate the eviction process. However, this process must be managed very carefully and meticulously. Because a procedural mistake can cost you to lose the eviction case.
If the tenant who does not pay the rent is to be evicted from the apartment through an eviction lawsuit, first of all, a notice is sent to the tenant. In this notice, the tenant is given at least 30 days to make the payment. If the tenant does not make the payment within the given period, the landlord may file a lawsuit for the eviction of the tenant.
The other legal option that can be used against the tenant who does not pay the rent is to initiate enforcement proceedings with an eviction request. For this, enforcement proceedings are initiated at the enforcement office. The enforcement office will send a payment order to the tenant and will be asked to pay the rent within 30 days or object within 7 days. If the tenant does not pay within 30 days, eviction is provided through the enforcement court.
An eviction letter of undertaking is the fastest and best way to evict your tenant on the date specified in the notice. In order to use the eviction undertaking, this eviction undertaking you have made with your tenant must be legally valid.
If there is a valid undertaking between the landlord and the tenant, the tenant must leave the house when the period in this undertaking comes. If the tenant does not leave, you can file a lawsuit for eviction within one month from this date or initiate enforcement proceedings based on the eviction undertaking.
The validity conditions of the lease commitment letter are that it must be in writing, signed by the tenant or his/her representative, made after the delivery of the leased immovable and the eviction date must be included in the commitment letter. All these conditions must be included at the same time in the commitment letter.
If you, as the landlord, need to live in your rented house, it is possible to evict the tenant from your house in this case. However, this need must be real, sincere and compulsory. In other words, statements such as “My brother got married and will live there”, “My parents will move there”, “My son will come from abroad” will not be sufficient alone. For this reason, you will need to prove your need very seriously in an eviction case.
Without filing an eviction lawsuit, if the lease agreement is for a certain period of time, it is possible to file an eviction lawsuit with the expiration of the contract period. However, if you have an indefinite-term lease agreement, you should act by considering each lease period as 6 months. Therefore, at least 3 months before the end of the 6-month lease period, the tenant should be notified and an eviction date should be given. With the arrival of this date, an eviction lawsuit can be filed within 1 month.
When you send a notice to the tenant for eviction due to need, you must state in detail why you need the house and demand the eviction of the tenant from the house.
The criteria of the Court of Cassation and the Courts of First Instance are very strict so that the eviction of the tenant due to need is not abused by landlords.
Evicting a tenant after a long extension period can be challenging, but by understanding your rights, following the legal process, and seeking professional assistance, you can handle the situation more effectively. Depending on the type of the lease agreement there are two different options that you can follow to evict a tenant after the 10-years of lease contract.
If the 10-year tenant’s lease agreement is for a fixed term, 10 years must pass after the expiry of the period specified in the agreement. For example; If you have made a 3-year lease agreement, the following 10 years must expire at the end of three years. So, the tenant will stay 3 years + 10 years in your property. In the following year, it is possible to evict the tenant by notifying the tenant at least 3 months before the end of the lease year and filing an eviction lawsuit at the end of the period.
You should carefully follow this period and don’t miss the chance to send the notification through the notary otherwise filing suit will not help you to evict the tenant from your apartment.
If there is a lease agreement with an indefinite term, 10 years must pass since the contract turns into indefinite and then it will be possible to file an eviction case. So, you started with a tenant for a year of contract, at the end of this contract it becomes indefinite one, 10 years period starts after this year. After 10 years you must notify the tenant at least 3 months before the end of the following 6-month lease period. So, even though it is said to be 10 years, it is actually 12 years in total in the form of 1+10+1.
In residential and roofed workplace leases, if there is a material breach of the lease agreement, an eviction lawsuit can be filed to cancel the lease agreement, provided that a written notice is given. The notice is a condition of validity of the eviction lawsuit due to breach of contract.
The notice must explain what the breach of contract is and give at least 30 days to remedy the breach. If the breach is not remedied within this period or if the breach is remedied after the allotted time, the lessor may file an eviction lawsuit.
If you have bought an apartment with tenants, it is possible to evict the tenant living in this house, under certain conditions.
First of all, if you, your spouse, your descendants, your ascendants or your siblings will live in this house, you must notify the existing tenant within one month from the date of purchase.
Afterwards, it will be possible to remove the tenant by filing an eviction lawsuit 6 months after the date of purchase. However, you will need to prove that the resident needs this. The need in question must be sincere, necessary and compulsory. The court will evaluate this.
It should not be forgotten that; “The landlord who wants to evict his tenant cannot evict the tenant unless he gives notice within the first 1 month.” Therefore, you should pay attention to both the delivery time and the content of the notice.
If you are planning to make important renovations to your home, it is possible to file an eviction case based on this reason. However, this renovation must be an important renovation and the house must not be suitable for residence during these procedures. In the case of simple renovations, it is not possible to evict the tenant based on these reasons.
Every tenant is obliged to comply with neighborhood rules. The eviction of the tenant who disturbs the neighbors is possible through a lawsuit. It is possible to file an eviction case if your tenant is doing one of the following situations;
When these and similar situations occur, the owner notifies the tenant and gives 30 days. It demands that the violation be eliminated within this period. If the situation continues as it is, then a lawsuit can be filed.
An eviction lawsuit is a crucial legal process initiated when a tenant fails to evict the rented property or neglects to pay rent. These cases require the landlord to rely on legally recognized justifications for the eviction. While Turkey’s legal system generally aims to protect tenant rights, it also ensures the protection of landlords’ rights.
Eviction cases are filed in the Civil Court of Peace, with jurisdiction resting in the location where the property is situated. The duration of these lawsuits can vary between 6 to 18 months, depending on the reasons for the eviction. Tenants can file eviction cases without a lawyer; however, given that different procedures apply for each reason, it is advisable to engage an expert real estate attorney to navigate the complexities of the process.
The timeline of the lawsuit can fluctuate based on factors such as the attitudes of the parties involved, any procedural deficiencies, and other relevant elements. Understanding this process is essential for both tenants and landlords to ensure their rights are adequately protected.
In order to file a civil lawsuit, you need to know not only where and when to file, but also what kind of petition you should write and what points are important. Of course, it will not be possible to master all the details with research on the internet. I will talk about how your petition should be in general terms, but I recommend that you get professional support to get a good result.
When filing an eviction lawsuit, you must state the reason for this lawsuit, the relevant provisions of the Code of Civil Procedure and the evidence you have in your possession in a good manner in the petition. Since some of the reasons for eviction among the reasons listed above are possible after the landlord sends a notice to the tenant, it is also important whether you fulfill the requirements of the notice before filing an eviction lawsuit.
Therefore, you must first warn the tenant by sending a warning notice and then, if you have the right to file an eviction lawsuit, you must apply to the court by writing the eviction lawsuit petition. Since this whole process will be a complex and long process, it is important to follow this process with a lawyer in order not to lose your rights.
The amount of the increase for the following year is usually specified in the lease agreement. Therefore, you need to determine the amount of the increase and how to notify this increase according to these provisions.
If there is no provision in the contract, then you must notify the tenant 30 days before the beginning of the new lease period in order for it to be valid from the beginning of the new lease period. This notification can be through a notary public or by text message.
As a result, the eviction process in Turkey requires a careful balancing of rights and responsibilities for both tenants and landlords. While the legal framework aims to protect tenants, it also recognizes the legitimate claims of landlords. Understanding the various procedures and timelines involved is crucial to effectively managing an eviction case.
Working with a knowledgeable real estate attorney can greatly increase the likelihood of a favorable outcome. Whether you are a tenant facing eviction or a landlord looking to get your property back, getting professional guidance can streamline the process and help you protect your interests. Contact my team today for tailored advice and assistance.
