Eviction Based on the Landlord’s Need

A landlord may seek eviction from residential property or roofed commercial premises when the property is genuinely required for use by the landlord or certain persons listed by law. Article 350 of the Turkish Code of Obligations covers a housing or workplace need of the landlord, the landlord's spouse, descendants, ascendants or another person whom the landlord is legally obliged to support.

A mere preference is not sufficient. The need must be genuine, sincere and necessary, exist when the action is filed and continue throughout the proceedings. Existing housing or business premises, the parties' living or working circumstances, the availability of other properties and records supporting the need are assessed as a whole. An uncertain future plan or an intention merely to increase the rent does not establish the required need.

For a fixed-term lease, the action may generally be brought at the end of the term. For an indefinite lease, the statutory termination period and notice rules apply. If the landlord gives written notice within the filing period that an action will be brought, Article 353 may preserve the filing period for one rental year where its requirements are met. The dates must be calculated against the commencement and renewal of the particular lease.

The need of a person who later acquires the property is separately governed by Article 351. A new owner may give the tenant written notice within one month after acquisition and bring an action after six months. Depending on the circumstances, the new owner may alternatively rely on the end of the contractual term and file within one month.

If property vacated on grounds of need is, without a justified reason, rented to someone other than the former tenant before three years have passed, the statutory restriction on reletting and compensation consequences may apply. Mandatory mediation must also be completed before a court action. The title record, lease, documents supporting the need and written notices should be reviewed together.

This article is for general information only. The legal assessment may differ according to the facts of a particular case.