UNDERSTANDING TENANT PROTECTIONS AND RIGHTS DURING PROPERTY SALES

CONDITIONS OF TENANTS EVICTION IN TURKEY

Tenants often worry about whether a new landlord has the authority to evict them when the landlord sold property. In fact, a new landlord does not have the right to evict tenants of a property they have purchased. Turkish laws protect new owner tenants rights together.

However, under certain conditions, a new landlord can evict a tenant when they need the property for their own use. According to the Turkish Code of Obligations, a new owner can file a eviction case against the tenant if all of the following conditions are met:

• The new owner has acquired the ownership of the property that is subject to the lease:

Acquisition can occur through means such as sale or donation, as well as through inheritance, compulsory execution, or court judgment. However, in cases of acquisition through registration, it is necessary for the new owner to have the registration completed for the change of ownership to be effective. This provision can also be applied to cases where properties are acquired through external means without title deeds.

• The new owner has proven the need for the property for themselves, their spouse, their children, or their ancestors’ residential or business needs

In cases where the new owner, their children, or ancestors need to reside in the rented property due to health reasons or other circumstances, the need for residential property can be considered. The concept of residential property should not be narrowly defined, and instead, the need should be evaluated extensively based on the new owner’s lifestyle, living conditions, and social status.

For the court to accept the need for residential property, it must be genuine and sincere. For example, if the new owner already has another property and has rented it out before filing the lawsuit, the need for residential property may not be considered sincere. The court hearing the eviction case will evaluate all objective and subjective criteria to determine whether the new owner’s need for residential property is genuine and sincere to eviction in Turkey.

In cases where the lessor, their spouse, children, or ancestors practice their profession or art as a tenant in someone else’s property, eviction can be requested if the new owner wants to expand their business, or if they need a porter’s lodge, parking, or storage space for business purposes. Eviction requests will be rejected if the new owner’s need for a business space is not genuine and sincere.

• The new owner can request the evacuation of the rented property due to residential or commercial needs within one month from the date of acquisition by sending a warning letter.

The warning letter must be delivered to the tenant within one month from the date of landlord sold property, not just sent. In other words, the tenant must receive the warning within one month after landlord sold property. The Court of Cassation requires that the warning be delivered to the tenant, not just issued within one month from the date of acquisition. The day of acquisition should also be included when calculating the one-month period. If the warning letter is not delivered to the tenant within one month after landlord sold property, the deficiency cannot be corrected later.

• The new owner filing an eviction lawsuit six months after landlord sold property new owner tenants rights

The new owner can file an eviction lawsuit six months after the purchase date. Lawsuits of eviction filed before the end of this six-month period are rejected. According to the Supreme Court, the timing of filing the lawsuit is not related to the six months following the acquisition date, and the lawsuit can be filed until the end of the contract.

In addition, the new owner can file an eviction case based on the contract between the previous owner and the tenant at the end of the contract. In this case, the person who later acquires the rental property can also use the right to terminate the contract due to necessity and open a lawsuit within one month from the end of the contract period.

CAN THE NEW OWNER RENT OUT THE PROPERTY TO SOMEONE ELSE AFTER THE EVICTION?

As mentioned above, if the new owner evicts the tenant without force majeure, they cannot rent out the evicted property to someone else for a period of three years. If the new owner violates this provision, they are obliged to pay compensation to the tenant in the amount of not less than the annual rent paid in the last rental year.

The provision that the person who orders the eviction may be sentenced to imprisonment for a period of 6 months to 1 year under the previous regulation was abolished with the Turkish Code of Obligations Article 355.

If the new owner rents out the evicted property to someone else, they are only obliged to pay compensation to the tenant. However, in practice, it is required for the tenant to be evicted by enforcement for this condition to be met.

THE IMPORTANCE OF GETTING LEGAL SUPPORT FROM A LAWYER IN EVICTION CASES IN TURKEY

Due to the complex nature of eviction lawsuits, it can be a difficult process for both tenants and landlords. Therefore, seeking the assistance of a lawyer can help you understand both new owner tenants rights and obligations.

A lawyer can assist you in preparing your case, completing paperwork, making a defense in court, and providing you with advice on the outcome of the case. As lawyers specialize in the legal procedures and your rights in relation to the eviction case, they can provide you with information about the progression of the eviction in Turkey and negotiate on your behalf.

With the help of a lawyer, you can take all necessary steps to protect new owner tenants rights both and manage the case effectively. Additionally, with the assistance of a lawyer, you can prevent any loss of rights by completing the required procedures in accordance with Turkish law for eviction lawsuits.

However, the cost of working with a lawyer may vary depending on the length and complexity of the case. Therefore, it is important to obtain information about the lawyer’s fees and make a clear agreement on payment methods.

In conclusion, eviction in Turkey due to necessity are complex legal cases, and seeking the assistance of a lawyer can be very beneficial for you. Eviction cases for tenants are subject to strict procedural rules, and even a small mistake in the case can result in the case being dismissed, even if you are justified. Therefore, it is important to work with an experienced and specialized lawyer, and before seeking legal support, it is important to do some research and consider the costs before making a decision.