Who Pays the Costs If the Tenant Leaves While the Lawsuit is Pending? — Attorney Gizem Gonce

October 30, 2026 — If the tenant vacates the house while the lawsuit is ongoing, who pays the litigation costs?

Attorney Gizem Gonce

If the tenant vacates the house while the lawsuit is ongoing, does the lawsuit end?

In the event that the tenant genuinely vacates the immovable property and delivers the keys, the legal interest in terms of the eviction request may disappear. However, this does not mean that the lawsuit automatically ends with all its consequences.

The court evaluates whether the lawsuit has become devoid of purpose and whether other claims continue.

Can the landlord claim litigation costs from the tenant?

This depends on who caused the filing of the lawsuit and the legal regulations regarding litigation expenses.

Pursuant to Article 331 of the HMK (Code of Civil Procedure), if the lawsuit becomes devoid of purpose, the court decides on litigation expenses by taking into account the justification status on the date the lawsuit was filed.

Pursuant to Article 331 of the HMK, if the lawsuit becomes devoid of purpose, the court decides on litigation expenses by taking into account the justification status of the parties on the date the lawsuit was filed.

What happens if the tenant vacates the house without delivering the keys?

Simply leaving the house does not always mean legal delivery. It is important to document the key delivery, draw up a delivery report, and, if possible, have the parties determine the delivery date in writing.

Can the landlord claim rent and damages after eviction?

If conditions exist, unpaid rent amounts, dues, and damages given to the immovable property can be claimed separately. However, these receivables must be proven.

Does the tenant vacating the house end the lawsuit?

Legal interest in terms of the eviction request may have disappeared. However, the court evaluates whether the lawsuit has become devoid of purpose and whether other claims continue.

For general informational purposes. The documents, application routes, and deadlines of the specific case must be evaluated separately.