Does a tenant have to pay court costs if they vacate the home while a lawsuit is pending?

Summary: Vacating the home while an eviction lawsuit is pending may require a fresh assessment of the subject matter of the case and litigation costs. The tenant’s surrender of the home does not always mean they are free from costs.

In eviction cases, a tenant may sometimes vacate the property voluntarily while the case is ongoing. Whether the case has become moot, the parties’ conduct during the proceedings, and which party should bear the costs must then be examined separately.

Attorney Aylin Esra Eren assessed the consequences of vacating a property while a case is pending.

Question: Does the case automatically end if the tenant vacates the home while the case is ongoing?

Attorney Aylin Esra Eren: Surrendering the property may render the eviction claim moot. However, the court must examine whether the case includes other claims and whether any matter remains that requires a decision. A case becoming moot does not mean that no decision will be made about litigation costs.

Question: Who must pay the court costs?

Attorney Aylin Esra Eren: The circumstances on the date the case was filed, which party was in the right, why the dispute ended, and the applicable procedural rules are taken into account. It cannot be said that all costs will be assigned to the tenant or the landlord in every case.

Question: What should the tenant keep in mind when handing over the home?

Attorney Aylin Esra Eren: It is important to document the handover of the keys, prepare a written handover record if possible, record the condition of the meters and fixtures, and clearly specify the handover date. Any dispute over rent arrears or the deposit should be documented separately.