IS IT POSSIBLE TO EVICT A TENANT WHO HAS COMPLETED 5 YEARS OF TENANCY?
IS IT POSSIBLE TO EVICT A TENANT WHO HAS COMPLETED 5 YEARS?
This week, I will attempt to explain to you, my valued readers, the practical processes regarding whether it is possible to evict a tenant as quickly as possible through legal methods after they have completed their 5th year in the rental contract, a topic that is highly merak edilen (of great interest) in rental law and frequently encountered in precedent rulings. The Civil Chamber of the Court of Cassation has issued a decision that closely concerns millions of tenants. Bad news for tenants has come from the Court of Cassation. With the decision taken, blank sheets of paper signed as a "rental commitment" have been found to be legally valid. In this situation, tenants should not sign blank papers.
Eviction lawsuits regarding the eviction of tenants are examined by the Civil Courts of Peace and the Enforcement Courts. Because trials in eviction cases filed by landlords in Civil Courts of Peace take longer, delays in the process are experienced. However, proceedings in eviction cases filed by landlords in Enforcement Courts are shorter. For this reason, the fastest way for a landlord to evict a tenant is through eviction lawsuits to be filed in Enforcement Courts. The competent courts vary depending on the subject of the eviction lawsuits, the grounds for eviction, and the tenant's objections. Namely; in an eviction lawsuit resulting from the tenant's failure to pay rent regularly, the Enforcement Court is considered the competent authority. However, the competent court for an eviction lawsuit to be filed against the tenant due to necessity is the Civil Court of Peace. Therefore, the fastest and most accurate method of evicting a tenant is to initiate enforcement proceedings due to rental or dues debt, or, if there is an eviction commitment given by the tenant, to initiate enforcement proceedings based on the eviction commitment and to evict the tenant through an eviction lawsuit to be filed in the Enforcement Court. The target duration specified for trials in eviction cases to be filed in Enforcement Courts has been set at 120 days.
Contrary to popular belief, there is no legal regulation for the eviction of a tenant simply because they have completed their 5th year of the rental contract. If a tenant completes their 5th year in the rental contract, the right to file a rent determination lawsuit against the tenant has been legally granted to the landlord. Through a rent determination lawsuit, it is possible for landlords to increase the rent amount in accordance with precedent values appropriate to the location of the leased property, without being bound by the 25 percent increase limit. Provided that the conditions stipulated within the scope of the Turkish Code of Obligations are met, it is possible to evict a tenant regardless of whether they have completed their 5th year in the rental contract.