1- Can the landlord evict the tenant when the one-year lease agreement expires?
1-Can a landlord evict a tenant when a one-year lease agreement expires?
The need for the landlord or their relatives, as defined in the Turkish Civil Code, to use the property as a residence constitutes grounds for eviction. According to the Turkish Civil Code, if the landlord, their spouse, descendants, ascendants, or siblings require the property as a residence, the landlord has the right to request the eviction of the tenant upon the expiration of the 1-year lease agreement.
2-Under what conditions does a landlord have the right to evict a tenant?
After the sale of a rented property, the new landlord has the right to demand that the tenant vacate the property within 6 months by sending a formal notice through a notary. Furthermore, if the tenant treats the rented property carelessly or fails to get along with neighbors, the landlord may request the tenant's eviction.
3-How long does it take for a landlord to evict a tenant by stating that they will live in the property themselves?
If the landlord sells the property after stating that they will live in it themselves, the new owner must send a formal notice through a notary to the current tenant informing them of this situation and must provide the tenant with at least 6 months to vacate.
4-What happens if the landlord does not renew the lease agreement?
In residential and roofed workplace rentals, unless the tenant provides notice at least fifteen days before the expiration of a fixed-term lease agreement, the lease is considered extended for one year under the same conditions. The landlord does not have the right to terminate the agreement solely based on the expiration of the lease term.
5-What should a tenant do if the landlord wants to impose an excessive rent increase?
Landlords do not have a legal right to demand an increase above the legal limit for rent adjustments. If a landlord demands a rent increase of more than 25% from the tenant, the tenant should deposit the rent payment to the landlord by increasing the amount by only the 25% legal rate via bank transfer.
6-Under what conditions does a landlord have the right to evict a tenant from the rented property?
For a landlord to evict a tenant without showing any cause, a 10-year extension period must have elapsed since the start of the lease agreement. If a tenant delays paying the rent for the property twice within a single lease period, the landlord's right to evict the tenant is forfeited if they fail to issue two justified notices.
7-Is there a criminal penalty for landlords who impose excessive rent increases?
With a regulation to be made in the Turkish Penal Code, the implementation of imprisonment and fines for landlords who impose exorbitant rent increases is envisaged. The regulations include the possibility of initiating investigations resulting in prison sentences ranging from one to three years, and landlords facing such investigations may be tried while in custody at the discretion of the court.
8-Can a landlord increase the rent twice within a single lease year?
If the rent amount is specified in the lease agreement, an increase can only be made during the renewed period. For residential lease agreements signed for at least one year, an increase can only be requested after this period.
9-What happens if there is no lease agreement between the tenant and the landlord?
Since there is no requirement for a written lease agreement, the parties can reach a verbal agreement on the rent even in cases where no written contract exists. In the absence of a lease agreement, it is not possible for the landlord to evict the tenant unlawfully.
10-What are the landlord's justified grounds for evicting a tenant from the rented property?
The landlord's justified grounds for evicting a tenant from the property are regulated under the Turkish Civil Code and the Code of Obligations. In accordance with these regulations, if the use of the house is necessary for the landlord themselves, their spouse, a person they are responsible for providing for, their descendants, or their ascendants, the landlord is granted the right to evict the tenant.
Similarly, if the landlord is living in a rented house themselves but has difficulty paying their own rent because their rental income is insufficient, this is also considered a justified ground for the landlord to evict the tenant.
Failure to pay the rent is also a sufficient and valid reason for an eviction request.
Furthermore, if the property owner sells their house, they have the right to evict the tenant. However, the tenant has rights in this situation as well.