IS IT POSSIBLE TO EVICT A TENANT WHO PAYS RENT REGULARLY?

IS IT POSSIBLE TO EVICT A TENANT WHO PAYS RENT REGULARLY?

This week, for my valued readers, I will try to explain the practical processes regarding whether it is possible to evict a tenant who has completed their 5th year in a lease agreement using the fastest legal methods, a topic that is highly curious in rental law and frequently encountered in precedent-setting decisions. The Court of Cassation's Civil Chamber 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, a blank sheet of paper signed as a 'rental commitment' was found to be in accordance with the law. In this situation, tenants should not sign a blank sheet of paper.

Eviction lawsuits regarding the eviction of tenants are examined by the Civil Peace Courts and Enforcement Courts. Due to the fact that the trials in eviction lawsuits filed by landlords in Civil Peace Courts take longer, there are delays in timelines. However, trials in eviction lawsuits filed by landlords in Enforcement Courts take less time. 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. To wit; in an eviction lawsuit arising from the tenant's failure to pay rent regularly, the Enforcement Court is considered competent. However, for an eviction lawsuit to be filed against the tenant due to necessity, the competent court is the Civil Peace Court. For this reason, the fastest and most accurate method to evict a tenant is to initiate enforcement proceedings due to rent or dues debt, or, if there is an eviction commitment provided by the tenant, to initiate enforcement proceedings based on the eviction commitment and evict the tenant through an eviction lawsuit to be filed in the Enforcement Court. The target duration for the trial period in eviction lawsuits to be filed in Enforcement Courts is set at 120 days.

Contrary to popular belief, there is no legal regulation requiring the eviction of a tenant simply because they have completed the 5th year of their lease agreement. Once a tenant has completed their 5th year in the lease agreement, the landlord is legally entitled to file a rent determination lawsuit against the tenant. Through a rent determination lawsuit, landlords can increase the rent amount in accordance with comparable prices based on the location of the leased property, without being bound by the 25 percent increase limit. Provided that the conditions regulated under 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 lease agreement.

Can a rent determination lawsuit be filed before 5 years?

It is not possible to file a rent determination lawsuit before 5 years. A rent adaptation lawsuit can be filed before 5 years. However, since no positive results have been obtained from rent adaptation lawsuits following the 25 percent rent increase regulation, filing such a lawsuit is not recommended.

How is a tenant who pays their rent regularly evicted?

You can only evict a tenant who pays their rent regularly based on the grounds regulated in Article 350 of the Turkish Code of Obligations. According to TCO Art. 350:

The lessor may file an eviction lawsuit due to necessity by stating that there is a necessity to use the house for themselves, their spouse, their descendants, their ascendants, or other persons they are required to support by law. It is also possible for the landlord to evict the tenant due to renovations and repairs to the house. Furthermore, a new owner who has recently purchased the house may also file an eviction lawsuit due to the necessity of themselves, their spouse, their descendants, their ascendants, or persons they are required to support by law.

Tenant eviction due to sale

A new owner who subsequently purchases the leased house may file an eviction lawsuit due to the necessity of themselves, their spouse, their descendants, their ascendants, or persons they are required to support by law. The new owner must send a notice to the tenant within one month after purchasing the house, and the notice must reach the tenant within 1 month. If the tenant does not vacate the house upon the notice, the new owner may terminate the lease agreement with a lawsuit that can be filed 6 months later.

Is it possible to evict a tenant with the police?

A court decision is required for the eviction of your tenant. It is not possible to forcibly evict a tenant without a court decision or a letter from the enforcement office based on an eviction commitment. If your tenant resists vacating the property despite a court decision, it is possible to evict the property through enforcement officers and the police.

How many days in advance should an eviction notice be sent to the tenant?

The answer will change depending on your reason for eviction. To give an example, a new owner who buys a house must send a notice to the tenant within 1 month from the date they purchase the house. In eviction lawsuits due to necessity, an eviction lawsuit must be filed within 1 month from the date the fixed-term contract is renewed. If an eviction lawsuit is not to be filed within 1 month, you can extend the lawsuit filing period for one rental period by sending a notice.

Is tenant eviction due to necessity possible?

Tenant eviction due to necessity is possible. An eviction lawsuit due to necessity is regulated in Article 350 of the Turkish Code of Obligations. According to this article, a landlord may file an eviction lawsuit due to the necessity of themselves, their spouse, their descendants, their ascendants, or persons they are required to support by law.

When can an eviction lawsuit be filed due to necessity?

In fixed-term lease agreements, an eviction lawsuit due to necessity must be filed within 1 month from the date the lease agreement is renewed. To give an example, let's assume you rented your house for 1 year on 01.01.2020. If you do not renew the lease agreement every year, the lease agreement is renewed for 1 year on the same date. Regardless of which year you are filing the eviction lawsuit due to necessity, it must be filed within 1 month from the renewal date of the lease agreement, which is 01.01. If you want to extend this period, you can extend the lawsuit filing period by one rental period by sending a notice to the tenant before the 1-month period expires.

Can a landlord evict a tenant by saying "I will live in it myself"?

Yes, it is possible to file an eviction lawsuit due to necessity. In an eviction lawsuit due to necessity, the landlord's need must be convincing and real. The landlord living in a rented house is a reason for necessity. The fact that the house the landlord is currently living in is smaller than the rented house is also a reason for necessity. Or conversely, the fact that the landlord's house is very large, leading to high heating costs, while the rented house has lower heating costs, is also a reason for necessity. Based on the reasons for necessity, the landlord may request the eviction of their tenant.

Can a landlord evict a tenant if they have another house?

In cases where the landlord requests eviction with the claim that they will live in the house themselves, the court evaluates whether the landlord has a need. To explain with an example, let's assume you have an apartment in Balgat, Ankara, which is rented out. You reside in Keçiören, Ankara. If the house you live in is not rented and you do not have any other convincing reason, your eviction request on the grounds that you will live in my house in Balgat is generally not seen as a reason for necessity by the courts. If you have a son, daughter, or someone you are legally required to support who is living in a rented house, filing an eviction lawsuit due to their necessity is more reasonable and acceptable. If the landlord resides in their own house in another province, it is possible for the landlord to evict the tenant if they request the need for the house in the province where the tenant is located with a reasonable justification.

Is it possible to evict a tenant without a lawyer?

It is possible to carry out a tenant eviction without a lawyer. However, it is extremely important to get consultation from a lawyer specialized in rental law so that your lawsuit is not rejected on procedural grounds and you do not make mistakes. In a tenant eviction lawsuit, it is very important to analyze the lawsuit filing periods and eviction grounds well. To avoid missing deadlines and to minimize risks, it is necessary to be generally proficient in rental law.

Is a tenant who does not pay their dues debt evicted?

Since the dues debt also belongs to the tenant, it is possible to evict your tenant who does not pay their dues. You must initiate enforcement proceedings by giving your tenant a 30-day period to pay the dues debt. If the tenant does not pay the dues debt within the 30-day period, it is possible to evict your tenant with an eviction lawsuit you will file in the enforcement court.

What are the validity conditions of an eviction commitment?

The issuance date of the eviction commitment must be a date after the date the lease agreement was issued. There must be your tenant's signature on the eviction commitment. The eviction date must be clear. The eviction commitment must be in writing. An eviction commitment that meets these conditions is valid.

How is a tenant evicted with an eviction commitment?

It is possible to evict your tenant within 1 month from the eviction date specified in the eviction commitment through enforcement proceedings you will make against your tenant via the non-litigious eviction method for leased properties, sample no: 14. In this case, your tenant has a 7-day objection period and a 15-day eviction period. If your tenant objects to the signature on the eviction commitment or the issuance date, you must file a lawsuit in the Civil Peace Court for the cancellation of the objection and the eviction of the tenant. If the tenant does not object to the signature and the issuance date, but only objects to the eviction commitment, you must request the removal of the objection and the eviction of the tenant from the enforcement court. If the tenant does not object to the eviction commitment, it is possible to request the eviction of your tenant through a petition you will write to the enforcement office after the 15-day eviction period without needing to file a lawsuit.

How does the court determine the rent in a rent determination lawsuit?

In rent determination lawsuits, courts have the comparable rent prices in the region where the house is located calculated through an expert by examining listing websites. Based on the settled case law of the Court of Cassation, the rent amount is determined by making a fairness discount of between 10-20 percent over the comparable rent prices.