What is an Eviction Case Due to Necessity?

An eviction lawsuit based on necessity is a type of lawsuit filed by the landlord, relying on one of the termination rights stemming from the Turkish Code of Obligations (TBK), aiming for eviction due to a genuine and sincere need for the use of the leased property. This lawsuit ensures that the landlord's intention to reclaim the leased property to meet their residential or business needs is legally realized.

Legal Basis

According to Article 350 of the Turkish Code of Obligations, the lessor may terminate the lease agreement through legal action if they need to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons they are legally obligated to support. This need is not limited solely to the lessor's personal needs; the needs of their immediate family members, as defined by law, also grant the lessor the right to file an eviction lawsuit.

Furthermore, Article 351 of the Turkish Code of Obligations regulates eviction due to the new owner's need. If the person who subsequently acquires the leased property needs it as a residence or workplace, they can terminate the contract by giving written notice to the tenant within one month of the acquisition and filing a lawsuit at the end of six months. This provision introduces a temporary protection mechanism to ensure that the tenant is not left unprotected due to the change of ownership.

Nature of the Need

According to Supreme Court precedents, in an eviction case based on need, the need genuine, sincere, and compelling . A temporary need prevents the case from being accepted. For example, a landlord claiming need solely to increase rent is contrary to the principle of good faith (Turkish Civil Code, Article 2).

The need may arise as a housing need (for example, the landlord getting married and looking for a new place to live with their family) or a business need (for example, the landlord needing the rented property to carry out their professional activities). The Supreme Court meticulously examines business needs, like housing needs, to determine whether they are serious, genuine, and sincere.

Time Limit for Filing a Lawsuit

According to Article 350 of the Turkish Code of Obligations (TBK), eviction lawsuits due to necessity must be filed within one month of the expiration of the term in fixed-term lease agreements. In indefinite-term lease agreements, the lawsuit must be filed within one month of the end of the termination period, in accordance with Article 328 of the TBK, and after complying with the notice period for termination.

In eviction cases initiated by the new owner due to necessity (Turkish Code of Obligations, Article 351), a notice must be sent to the tenant within one month of the acquisition date, and the lawsuit must be filed six months after the acquisition date.

Termination of Need and Prohibition of Re-rental

According to Article 355 of the Turkish Code of Obligations, an evicted property cannot be rented to anyone other than the former tenant for three years. This rule was introduced to prevent malicious evictions. If the landlord rents the property to someone else within three years of the eviction, they are obligated to pay the former tenant compensation equivalent to at least one year's rent .

Points to Consider During Implementation

In eviction cases based on necessity, the burden of proof rests with the landlord. Courts require the landlord to support their claim of necessity with concrete evidence. For example, documents such as marriage preparations, professional activity certificates, health reports, or population registry extracts play a significant role in proving the existence of necessity.

In the established rulings of the Supreme Court of Appeals, consideration is given to whether the need is genuine, whether the landlord owns other properties, and whether the existing living conditions and social environment justify the seriousness of the need.

Conclusion

Eviction due to necessity is a specific ground for termination regulated in the Turkish Code of Obligations, aimed at protecting the landlord's need for residential and commercial space. However, the exercise of this right is subject to strict conditions by law and Supreme Court jurisprudence, as it seriously affects the tenant's freedom to live and work. Unless there is a genuine, sincere, and compelling need, the landlord cannot resort to this method.

Asel DONGELLI