HOW TO EVICT A TENANT

Tenant eviction in Türkiye is carried out according to specific rules and procedures under rental law. There must be certain legal grounds for eviction, and eviction proceedings must be initiated based on these grounds. Here are the steps and methods to follow for tenant eviction:

1. Reasons for Evacuation

There must be justifiable grounds for evicting a tenant. Some grounds for eviction accepted under rental law are as follows:

a. Termination of the Lease Agreement

In cases where a lease agreement is for a fixed term, the landlord can initiate legal proceedings to evict the tenant once the term expires. However, in indefinite lease agreements, it is necessary to comply with the notice periods for termination.

b. Non-Payment of Rent (Two Valid Warnings)

If a tenant fails to pay rent on time, the landlord can send them a notice of default. If a tenant receives two justified notices within one rental period, this may constitute grounds for eviction proceedings.

c. Tenant's Breach of Contract

If a tenant violates the terms of the lease agreement, the landlord can initiate eviction proceedings based on this. For example, using the property for purposes other than those specified in the lease agreement, misuse of the property, or transferring ownership of the leased property to someone else may constitute a breach of contract.

d. The Need of the Homeowner or Their Relatives to Use the Residence

A landlord can request eviction, stating that they, their spouse, children, or parents need the rented property. However, in this case, the court process and proving valid reasons are crucial.

e. The Homeowner's Need for Renovation or Reconstruction

If a rented property requires substantial renovation or reconstruction, this may be grounds for eviction. However, the landlord must prove that these renovations or constructions are genuine.

f. The tenant permanently hosting another person in the house.

If someone other than the tenant specified in the lease agreement continuously resides in the property, and this constitutes a breach of the lease agreement, the landlord can file an eviction lawsuit.

2. Evacuation Routes

There are different legal avenues that can be pursued for the eviction of a tenant. Here are some of these avenues:

a. Eviction Commitment

If a tenant, at the beginning or during the lease agreement, makes a written commitment to the landlord to vacate the property on a specific date, the landlord can base their eviction request on this document. A commitment to vacate is even stronger if it is drawn up in the presence of a notary public.

b. Eviction through Enforcement Proceedings

If a tenant fails to pay rent, the landlord can evict them through legal action. When enforcement proceedings are initiated, a payment order is sent to the tenant. If the tenant still fails to pay the debt despite the payment order, the landlord can request eviction.

c. Eviction through Court Proceedings

If the tenant refuses to vacate the property for the stated reasons, the landlord can file an eviction lawsuit. Eviction lawsuits are one of the most common ways to remove a tenant from a property. To file a lawsuit, the landlord must have specific reasons and prove these reasons in court.

d. Eviction by Two Justifiable Notices

If a tenant fails to pay rent on time, the landlord can send a notarized notice for each delay. If two justified notices are sent within the same rental year, the landlord can initiate eviction proceedings. The court may issue an eviction order based on these two valid notices.

3. Things to Consider During the Evacuation Process

a. Sending a Warning Letter

If a tenant is late on rent payments, the landlord must send a formal notice through a notary public. A court case cannot be initiated without this notice being served to the tenant.

b. Renewal of the Contract

If the lease agreement is for an indefinite period, the landlord may choose not to renew it upon its expiration. In this case, the landlord must provide written notice to the tenant at least 15 days before the lease expires. Otherwise, the lease agreement will be considered renewed under the same terms.

c. Enforcement of the Court Decision

If a tenant refuses to vacate the property after a court issues an eviction order, enforcement proceedings can be initiated. The enforcement office can forcibly carry out the eviction in accordance with the court order.

d. After Evacuation

If the eviction process is successful and the tenant vacates the property, the landlord should usually have a report drawn up to document any damage left behind by the tenant. This post-vacation assessment is important for protecting the landlord's rights.

4. Conclusion

Eviction of a tenant requires a legal process, which is shaped by the lease agreement and the agreements between the parties. If the landlord wants to evict the tenant, they must base their decision on legal grounds and carefully follow the process. Completing all necessary steps, such as sending a formal notice to the tenant via a notary and filing a court application, helps expedite the eviction process.