A Preliminary Real Estate Sale Agreement is a bilateral contract in which both parties agree to transfer ownership of a property at a future date under specified conditions. In other words, it is a binding commitment to execute an official real estate sale agreement before a title deed officer at a ...
Eviction Lawsuit Based on Personal Need in Turkey: A Brief and Clear Guide for Russian Citizens
РУENTÜ
An eviction lawsuit based on personal need is a legal process through which a property owner can request the eviction of a tenant. This type of lawsuit can be filed in two main situations:
- When the landlord or their close relatives need the property for residential or commercial use (Article 350 of the Turkish Code of Obligations).
- When a new owner who has purchased the property needs it for themselves or their family (Article 351 of the Turkish Code of Obligations).
The need must be genuine, sincere, and essential. Temporary, future, or speculative needs are not accepted as valid reasons for eviction.
1. In Which Situations Can an Eviction Lawsuit Be Filed?
a) Can the Landlord File for Eviction Due to Personal Need?
Yes. A landlord can file an eviction lawsuit if they, their spouse, children, parents, or someone they are legally obligated to support needs the property for residential or business use.
- If the property will be renovated or reconstructed, eviction may also be possible.
- In fixed-term leases, the lawsuit must be filed within 1 month after the end of the lease.
- In open-ended leases, the landlord must notify termination and file the lawsuit within 1 month of the termination notice.
b) Can a New Owner Evict the Tenant Due to Personal Need?
Yes. A person who has newly purchased a property may request eviction if they or their family needs it, under the following conditions:
- A written notice must be sent to the tenant within 1 month of acquiring the property.
- The eviction lawsuit can be filed 6 months after the notification.
- Alternatively, the lawsuit can be filed within 1 month after the lease expires, if applicable.
2. Factors Considered in Eviction Lawsuits Based on Need
To succeed in court, the need must be:
- Genuine – the owner or their family truly needs the property
- Sincere – not a fabricated reason to remove the tenant
- Essential – the owner has no reasonable alternative
The court will also assess the tenant's situation, current rental market conditions, and the landlord's intentions.
3. Eviction Based on Commercial (Workplace) Need
In such cases, the court examines whether the business need is truly essential.
- If the landlord already operates a business elsewhere, the court evaluates whether the new property is more suitable.
- If the landlord does not use the property for its claimed purpose after eviction or rents it to someone else, the court may find bad faith and award compensation to the tenant.
4. Can Legal Entities (Companies) File Eviction Lawsuits?
- Individuals cannot file eviction lawsuits citing the needs of a company.
- However, a legal entity (company) may file for eviction if it intends to use the property for its own activities.
- The company's activity must align with the purpose of the property (e.g., a company outside the food sector cannot evict a tenant to open a bakery).
5. Legal Deadlines in Eviction Lawsuits Based on Need
| Situation | Deadline |
|---|---|
| Landlord's own need | Within 1 month after the lease expires |
| New owner's need | Notify tenant within 1 month of purchase, then file suit after 6 months |
| If prior written warning was given | Lawsuit can be filed until the end of the extended lease term |
- In fixed-term leases, prior notice is not mandatory.
- In open-ended leases, a termination notice is required before filing a lawsuit.
6. Is Notice Required Before Filing an Eviction Lawsuit?
Yes, landlords must provide written notice before initiating an eviction lawsuit.
- A new owner must notify the tenant within 1 month of acquiring the property.
- If the tenant refuses to vacate after receiving notice, the landlord may file a lawsuit.
7. Enforcement of the Eviction Decision
- Once the court issues an eviction order, the tenant is given a specific period to vacate.
- If the tenant refuses, eviction may be enforced through execution proceedings.
- If the landlord rents the property to someone else within 3 years, the former tenant may file a compensation claim.
Conclusion
Filing an eviction lawsuit based on personal need is an important legal process in Turkey.
- Property owners may file such lawsuits if they or their relatives have genuine need for the property.
- New owners must provide written notice and wait at least 6 months before filing a lawsuit.
- Courts will carefully evaluate whether the claimed need is legitimate.
- If the landlord rents the property to another party within 3 years after eviction, the evicted tenant may claim compensation.
Obtaining professional legal support is highly recommended to ensure that eviction proceedings are carried out properly and to protect the rights of both parties.
