Evacuation of the Tenant Due to Need


Evacuation of the Tenant Due to Need

İSTANBUL LAW OFFİCE

The lawsuits between the tenant and the landlord are the most filed lawsuits of this period. Every legal problem should be evaluated within itself. For this reason, it is necessary to get support from experienced lawyers about tenancy. As experienced Istanbul lawyers, we help you solve your legal problems in rental law.

In the Turkish Code of Obligations No. 6098 (“TBK”), the termination of the rentals of residences and roofed workplaces by the lessor is subject to limited regulations. Even if it is for a certain period of time, the lease agreement will not automatically terminate with the completion of the period stipulated in the contract. However, if the tenant wishes, he can terminate the lease agreement by giving 15 days notice before the end of the period, or by complying with the legal termination notice periods for indefinite lease contracts. As a rule, the lessor has the right to terminate unilaterally for 10 years from the beginning of the lease contract in indefinite-term contracts, and at the end of the 10-year extension period in fixed-term lease contracts, by giving notice according to the procedures specified in the law.

As a rule, only the lessor has the right to terminate unilaterally at the end of 10-year periods, but the lessor may request the evacuation of the lessor in case of certain conditions.

Reasons for eviction arising from the lessor TBK m. Edited in 350-352. These reasons:

- Shelter requirement

- Workplace requirement

- Restructuring or restructuring

- New owner's requirement

can be listed as






Evacuation due to housing and workplace needs may be requested if the lessor's spouse, descendants, descendants or other dependents, as required by law, need shelter. The criterion sought by the Court of Cassation in order to be able to apply for eviction due to the need for shelter and workplace is that the need in question is genuine and sincere.[1] While the reasons such as the residence of the lessor, living with others, emergence of new needs, expanding his business are accepted as real and sincere in the Supreme Court practice; Reasons such as the emergence of possible needs, the desire to do a second job are not seen as real and sincere. In addition, although it may seem genuine and sincere, the fact that the lessor has other immovable properties, the leased property is not suitable for the work to be done and requires significant renovations, causes the request for eviction to be rejected.iSTANBUL LAWYER


Every legal problem should be evaluated within itself. For this reason, it is necessary to get support from experienced lawyers about tenancy. As experienced Istanbul lawyers, we help you solve your legal problems in rental law.İSTANBUL LAW-LAWYER

The eviction lawsuit to be filed due to the need for housing and workplace and for the reconstruction or reconstruction of the leased property must be filed within one month, starting from the date to be determined at the end of the term in fixed-term lease contracts, the termination period in accordance with the general provisions regarding rent in indefinite-term contracts, and the periods stipulated for the notice of termination. In addition, if the lessor notifies the lessee in writing that they will file a lawsuit within the stipulated time period, at the latest, it is stipulated that the period of filing a lawsuit will be deemed to be extended as one rental year.real estate and leasing lawyer

Every legal problem should be evaluated within itself. For this reason, it is necessary to get support from experienced lawyers about tenancy. As experienced Istanbul lawyers, we help you solve your legal problems in rental law.

The eviction lawsuit to be filed by the new owner, who subsequently acquires the leased property, must be filed six months later, provided that the lessee is notified in writing within one month from the date of acquisition. The person who subsequently acquires the leased property can also use the right to terminate the contract due to necessity, with a lawsuit to be filed within one month from the end of the contract period. Therefore, if less than six months have passed since the end of the contract period from the acquisition of the leased property, it is possible for the new owner to file a lawsuit based on this provision in less than six months.

Every legal problem should be evaluated within itself. For this reason, it is necessary to get support from experienced lawyers about tenancy. As experienced Istanbul lawyers, we help you solve your legal problems in rental law.

 In cases where the leased property is evacuated due to necessity or for the purpose of reconstruction and zoning, it cannot be rented out to anyone other than the former tenant, unless three years have passed with the eviction lawsuit filed by the lessor. The only exception to this situation is when there is a just cause. Although the definition of just cause is not included, it is accepted that force majeure should be understood more broadly. For this reason, the disappearance of the need that caused the evacuation will constitute a justified reason and the violation of the re-hire prohibition will not be on the agenda. liable to pay compensation.real estate and leasing lawyer. karagöz&uner attorney partnership

benzer_icerikler