Eviction Cases in the Urban Transformation Process

1. Urban Transformation and Eviction: Two Separate Paths, One Outcome

In the urban transformation process, eviction comes up in roughly two ways:

Administrative process: Evacuation within the timeframes set by the administration after the identification of a risky building, followed by forced eviction by law enforcement.
Legal proceedings (eviction cases): Eviction cases filed in court based on a lease agreement or property rights.

These two approaches are not alternatives to each other; they are often complementaryprocesses, and in some cases, they run parallel. Which approach to use depends on whether the building is actually undergoing urban transformation, the stage of the risky building assessment, the tenant's situation, the number of owners, and the level of agreement or disagreement between them.

2. Legal Basis of the Eviction Process in Urban Transformation

2.1. Urban Transformation Legislation

The regulations that first come to mind when urban transformation is mentioned are:

Special law regulating the transformation of areas at risk of disaster and risky structures,
Implementing regulations issued based on this law,
These are administrative regulations that detail the procedures for identifying risky buildings, evacuating them, and demolishing them.

These specific regulations a "risky building," identify the institutions authorized to determine risky buildings, specify appeal procedures and deadlines for evacuation. They also forced eviction and demolition with law enforcement support .

2.2. Rental Law (Turkish Code of Obligations)

In terms of eviction cases during urban transformation processes, the main general law referred to is the legislation regulating rental provisions. Here:

Reasons for termination of a lease agreement
Evacuation due to reconstruction and redevelopment
Eviction based on an eviction undertaking,
Non-payment of rent and two justified warnings are classic grounds for eviction

This forms the legal basis of the eviction case.

2.3. Condominium Ownership and Procedural Provisions

The regulations governing condominium ownership, which define the relationships between property owners, the concepts of independent units and common areas, and majority-minority decisions, are also important in urban transformation cases. In addition:

The competent court,
The competent court,
Mandatory mediation as a prerequisite for litigation ,
Execution of the eviction order

Issues such as these are also procedural law .

In conclusion, eviction cases in urban transformation projects cannot be explained by a single law; special laws, general laws, and procedural rules must be applied.

3. Administrative Evacuation Process After Identifying a Building as Risky

In the urban transformation process, the first step in reaching the evacuation point is often the identification of risky buildings.

3.1. Identifying Buildings at Risk

Identifying buildings at risk typically involves the following steps:

Applications are made to the licensed organization by one of the owners or sometimes by a collective application.
The load-bearing system, concrete strength, steel reinforcement, and other technical elements are examined.
A risk report is prepared for the building as a result of this inspection .
The report is reviewed by the relevant authority; if deemed appropriate, the building officially classified as a risky structure.

This is the point where the process "gets serious" for most property owners and tenants; because now, the possibility of transformation is no longer the issue, but the necessity of demolishing the building .

3.2. Notification, Objection and Finalization

After a building is identified as risky, the relevant parties are notified through various means. In practice:

Classical notification,
Sending to the relevant addresses
Posting advertisements on the building,
Posting at the local headman's office,
Electronic notification (e-Government, etc.)

Different methods such as these can be used.

An appeal can be made to the technical committee within the specified time. If the appeal is rejected, or if no appeal is made, the decision regarding the risky building becomes final. From this date onwards, the time limits for evacuation and demolition begin to run.

3.3. Time Given for Evacuation and Law Enforcement Support

Once a building is deemed at risk, the authorities give owners and actual occupants (tenants, etc.) a deadline to vacate the premises. In practice, this deadline is usually a single, fixed amount of time.

If the building is not vacated within the given time:

The administration, with the assistance of law enforcement officers and acting on a decision by the local authority, carries out the eviction process.
Then the demolition is carried out.

The important point to note here is that
this eviction is not based on a court order; it is administrative in nature. Lawsuits filed against these actions will be heard in administrative courts, not judicial courts. However, this does not eliminate judicial avenues regarding the fate of the lease agreement and the parties' claims for compensation.

4. Urban Transformation Eviction Cases within the Scope of the Turkish Code of Obligations

Administrative eviction is a mechanism used to have a building vacated and demolished. In parallel, landlords may choose to file eviction lawsuits based on the Turkish Code of Obligations to legally terminate the lease agreement

4.1. Eviction Due to Reconstruction and Redevelopment

The most common reason for eviction associated with urban transformation reconstruction and redevelopment . The conditions can be summarized as follows:

The building should undergo a thorough renovation, strengthening, or be demolished and rebuilt.
The work to be done should not be simple maintenance and repair, but a substantial construction intervention .
The landlord can request eviction on this ground at the end of the lease term.

In urban transformation projects, documents such as risk assessment reports, new project plans, construction permits, and homeowners' association decisions are submitted to the court to demonstrate concrete grounds for the "reconstruction and redevelopment" justification. The court examines not merely the rhetoric of urban transformation, but the actual nature of the work to be carried out.

4.2. Eviction Undertaking and Urban Transformation

One of the most common tools used by property owners is the eviction undertaking. In practice:

Documents are collected containing statements such as, "The building will undergo urban transformation, I will vacate the apartment by this date.".
However, for the undertaking to be valid, there are certain formal and material requirements:
- It must be in writing
- It must be arranged after the rental property has been handed over
- The evacuation date must be specific or ascertainable.

In urban transformation projects, commitment agreements hastily signed before the leased property is even handed over may later be challenged as invalid. In such cases, an eviction lawsuit the invalid agreement , strengthening the tenant's legal position.

4.3. Non-Payment of Rent, Two Justifiable Warnings, and Other Reasons

The psychology of the urban transformation process often disrupts rental relationships as well. Tenant:

Thinking "the building is going to be demolished anyway," they might start falling behind on rent payments
The trust relationship between him and Malik may be damaged.

In such cases, the property owner has classic eviction options at their disposal, which can be used outside of urban transformation projects:

Eviction due to default on rent payments .
Eviction based on two justified notices sent within one rental year
Evacuation due to necessity (shelter need of the person or their relatives),
Eviction based on an eviction undertaking.

Even if the urban transformation plan is not the direct cause in these cases, by the judge in the assessment of equityto determine whether the tenant's eviction is necessary.

5. Competent Court, Mediation, and Enforcement of Eviction Decisions

5.1. Competent and Authorized Court

In eviction cases based on lease agreements:

The competent court is, as a rule, the Civil Court of Peace.
The competent court is usually the court of the place where the leased property is located.

Lawsuits filed against decisions regarding the identification of risky buildings, administrative eviction, or demolition fall of administrative courts . Confusing these two legal avenues can mean "applying to the wrong door" from the outset and the lawsuit being dismissed on procedural grounds.

5.2. Mandatory Mediation

For eviction claims arising from rental agreements, mandatory mediation must be applied for before filing a lawsuit. Otherwise:

Since the prerequisite for filing a lawsuit has not been met, the court may dismiss the case without examining its merits.

Mediation in urban transformation cases:

The parties' evacuation date,
Rent assistance,
Moving expenses,
Rental/occupancy rights in the new project

This is an important opportunity for them to reach an agreement on issues such as these. A well-structured mediation protocol provides both evidence and a basis for reconciliation in future lawsuits

5.3. Execution of the Eviction Order

A court order for eviction alone is not sufficient; the decision must be enforced through the enforcement office

The eviction order is submitted to the enforcement office.
An eviction order is sent to the tenant who owes the money.
If the apartment is not vacated within the specified time, bailiffs will carry out the forced eviction process.

In urban transformation projects, sometimes the following situation arises:

On the one hand, the administration's evacuation and demolition schedule due to the risky structure is in effect,
On the other hand, the eviction lawsuit filed by the landlord will be concluded.

Factors such as the dates of the specific case, when the risky building decision was finalized, and the administration's demolition plan determine which approach is more practical and faster

6. Eviction and Rights in Urban Transformation from the Tenant's Perspective

6.1. Rent Assistance and Temporary Housing/Workplace Opportunities

One of the most common misconceptions in the urban transformation process is the belief that tenants have "no rights." However, in practice:

Rent assistance can be provided to tenants who meet certain conditions .
Some projects may provide temporary housing or workspace allocation.

Scope and amount of rental assistance:

On a provincial basis,
Depending on the nature of the structure,
Different practices may apply depending on whether the person is the landlord or the tenant.

In order for the tenant to benefit from these rights, they must apply to the relevant authority within certain periods following the eviction and demolition. Missing these deadlines may make it difficult to claim their rights in the future.

6.2. Possibility of Claiming Compensation for Damages

Tenant due to urban transformation:

You may need to find a new home/workplace in a short time
You can bear additional expenses such as moving costs, deposit, and renovations
Businesses may experience losses such as customer loss and decreased turnover.

Depending on the specific circumstances of the case, compensation for financial losses may arise. For example:

If the landlord has known for a long time that the building is at risk but has not explicitly informed the tenant,
If evacuations and relocations occur repeatedly in a short period of time,
If the tenant was misled during the contract phase,

Whether a tenant can claim damages from the landlord is debatable. In this regard, contract provisions, correspondence, messages, and notices can be considered as evidence.

6.3. Priority and Contractual Guarantees in the New Building

Tenants often ask, "Do I have priority rights in the new building?" As a rule:

It is difficult to speak of an automatic and absolute right to "re-residence" under the law.
However, this can be done through written agreements between the tenant and the landlord:
- Priority rental for a certain period in the new building,
- The size and location of the apartment to be rented,
- How the rent is determined

Topics such as these can be decided upon.

If such agreements are made before eviction proceedings begin or during mediation, future security and contribute to a less problematic eviction process for the landlord.

7. Eviction Strategy from the Landlord's Perspective

7.1. Clarification of the Urban Transformation Plan

For Malik, the first question is:
“Is my building truly included in urban transformation, or am I just talking about a project that might be done in the future?”

Has the building been assessed for risk?
Has the decision become final, and have the appeals been resolved?
Has an urban transformation decision been made among the property owners, and have the required ratios been met?
Has a protocol been signed with the contractor or investor, and is it legally binding?

Eviction lawsuits filed solely on the basis of the assumption that "there might be urban transformation in the future," without clear answers to these questions, often weak grounds .

7.2. Professional Management of Notices and Mediation Processes

Before going to the eviction hearing:

Notices to be sent to the tenant,
Default notices if rent is not paid,
Written notifications regarding the urban transformation plan

It should be done regularly and systematically.

During the mandatory mediation phase:

Not just the eviction date,
Rent assistance,
Relocation cost contribution,
Issues such as priority in renting in the new project can be subject to negotiation.

A professionally conducted mediation process can enable a landlord to obtain a lengthy, non-judicial eviction

7.3. Timing of Filing a Lawsuit and Evidence Strategy

Timing is crucial for filing an eviction lawsuit. In some cases:

As soon as the risky building assessment is finalized,
Near the end of the lease term,
Taking into account the project schedule and the dates for obtaining construction permits

Filing a lawsuit would be more rational.

The petition must include:

Rental agreement,
Risk assessment report and related administrative documents,
Apartment owners' decisions,
Mediation report,
Warning notices sent

It should be added that the "connection of the case to the urban transformation plan" should be explained in detail.

8. Common Scenarios in Practice

Scenario 1: There's a building designation as risky, but the tenant refuses to move out

Let's say your building has been deemed structurally unsound and the authorities have given you a deadline to vacate. The tenant:

He is not vacating the house
He doesn't pay rent either.

In this situation, two separate lines of thought emerge from the owner's perspective:

Administrative eviction process: Administrative eviction by the local authorities and law enforcement.
Eviction lawsuit due to default on rent payments .

The two processes are not mutually exclusive. However, in practice, the strategy is determined by considering the administrative eviction in relation to the demolition schedule, the time it takes for the court decision to be issued, and the tenant's economic situation.

Scenario 2: There is an Urban Transformation Project, but No Risky Building Decision Yet

Let's say a contract has been signed with the contractor, the project has been drawn up, and most of the owners have been convinced; however, a risk assessment of the building has not yet been carried out. Simply telling the tenant, "We are going to demolish this building, get out," is not sufficient for eviction.

In this situation:

The conditions for an eviction lawsuit due to reconstruction and redevelopment may not yet have been fully met.
First, the technical and administrative steps of the process must be completed
It would be more advisable to proceed with an eviction case afterwards.

Otherwise, the court might not be inclined to grant the eviction due to the "unrealized project.".

Scenario 3: Both Tenants and Landlords Live in the Same Building

In a building:

While the owner is living in an apartment,
Other apartments may have tenants.

When urban transformation comes up, a homeowner may not want to vacate their own apartment and may only try to evict the tenants. The court ruled:

The balance of interests between the parties,
Whether the building really needs to be demolished,
The owner's own position

The approach of "I'll just evict the tenant and stay a little longer" may not always be accepted in eviction cases filed on the grounds of urban transformation.

9. Conclusion: Eviction Cases in Urban Transformation are a Technical Risk Management Issue

In the urban transformation process, eviction is not a matter that can be addressed simply as a "get out – get them out" situation. It's a simultaneous process:

Urban transformation legislation,
Rental law,
Condominium relationships,
Administrative and judicial remedies,
Mandatory mediation,
Rent assistance and compensation mechanisms

They come up together.

From the property owners' perspective, the following questions must be clearly answered in order to develop the right strategy:

Has the risky building designation for our building been finalized?
Was the decision regarding urban transformation made in accordance with proper procedures among the property owners?
What is the tenant's situation, and what are the terms of the contract?
Is there a possibility of reaching a settlement through mediation?
If I'm going to file an eviction lawsuit, what grounds would be the most appropriate to base my claim on?

From the tenants' perspective :

Was he properly informed about the risky building assessment and evacuation period?
Has a legal assessment been conducted regarding rental assistance and potential compensation rights?
Was a written guarantee obtained for occupancy or rental of the new building?
What are the defense options in an eviction case?

In short, eviction lawsuits in the urban transformation process, when well managed, can enable the parties to complete the process within a reasonable time and with relatively little harm; when poorly managed, to lengthy, costly, and exhausting disputes that last for many years .

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