Evacuation of the Immovable Due to the Need of the Lessor

 

Pursuant to Article 350 of the Law, if the lessor has an obligation to use the leased property for himself, his spouse, descendants, descendants or other persons whom he is obliged to look after due to housing or workplace needs, the lease agreement; at the end of the specified period for fixed-term contracts, and for indefinite-term contracts, within one month, starting from the date to be determined by complying with the termination period and the periods stipulated for the termination notification according to the general provisions regarding the lease.

However, if the term “need” here is appropriate, it should be sincere and real. In other words, if an eviction lawsuit has been filed just to increase the rent amount even more or to rent it to someone else, it will not be possible to talk about a real and sincere need here.

If the lessor is a legal person here, the legal person can only request an eviction for his own workplace needs, and cannot make such a request for his staff or manager.

In addition, if the lessors are in a shared ownership relationship, only one of the stakeholders will not be able to apply for this lawsuit due to necessity alone. For this, according to article 688 of the Turkish Code of Obligations, the decision of the majority of the shares and stakeholders is required. Even if there is property in cooperation, it will be possible to file an eviction lawsuit with the consent or participation of all the owners.

In Article 355 of the Turkish Code of Obligations, a three-year lease prohibition is regulated, and according to this prohibition, if the lessor has terminated the lease agreement for necessity and has ensured that the leased property is evacuated, he cannot lease the leased property to anyone other than his former tenant, unless three years have passed, without a justified reason. Otherwise, the lessor is obliged to pay compensation to the former tenant, provided that it is not less than the one-year rent paid in the last rental year.

It should also be noted that while the lessee uses the leased property, a third party may become the new owner of the leased property for reasons such as expropriation, forced execution, inheritance. In this case, it is regulated in article 351 of the law that the new owner can also terminate the lease agreement in case of need, just like the old owner. Accordingly, if the new owner of the leased property has an obligation to use the leased property for himself, his spouse, descendants, descendants or other dependents as per the law, due to housing or workplace needs, he must notify the lessee in writing within one month from the date of acquisition. He can then terminate the lease with a lawsuit to be filed six months later. In addition, the new owner may, if he wishes, use his right to terminate the contract due to need, by filing a lawsuit within one month starting from the end of the contract period.

In this case, the new owner who is the lessor will not be able to rent the leased property to someone else for three years without a justified reason.

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