You bought a new property occupied by a tenant? Know the evictions
Last Updated: 2023-08-25
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Tenant Evictions
Mersat online team will explain a simplified explanation of some of the legal points dealing with the tenant legally.
You will read in this article
- Legal relationship between landlord and tenant
- Cases in which the property owner in Turkey has the right to evict the tenant
- Duties of the tenant of the property in Turkey
- Duty of the property owner in Turkey towards the tenant
- Legal relationship between landlord and tenant
- Cases in which the property owner in Turkey has the right to evict the tenant
- Duties of the tenant of the property in Turkey
- Duty of the property owner in Turkey towards the tenant
To begin with, it must be emphasized that the buyer of the new property has no right to evict the tenant except by legal means, otherwise, dealing with the tenant remains on the same contract agreed upon between him and the previous owner and is subject to the same conditions and obligations.
Here, we advise the new owner to reach an understanding with the tenant on a specific formula that satisfies both parties, and that this should be documented by a written undertaking at the notary, or what is known in Turkey as "noter".
Legally, the owner has the right to issue a warning within a period of one month from the date of transferring the title deed to the property, provided that it is signed by the contractor to the tenant to vacate the apartment within a period of 6 months, and if the month expires, and the buyer does not issue this warning, he loses the right by requesting Eviction of the property by the tenant, and is due to the contract agreed upon between the old owner and the tenant.
The following question may come to mind: "Does the landlord have the right to evict the tenant from the property and cancel the contract before the deadline for expiry?"
The answer is yes, but in some cases, as the owner of the property has the right to cancel the lease contract and evict the tenant from his property in the following cases:
• In the event that the tenant is late in paying the rent within two months in one year, the landlord has the right to issue a warning to the tenant through a notary and file an eviction lawsuit against the tenant.
• The owner of the property has the right to file an eviction invitation for his property if the tenant or his wife owns a property within the same municipality in which the rented property is located.
• When the owner of the property has a first-degree relative who needs this property and this need is legally proven, then he has the right to file an eviction invitation.
• If there is an undertaking to evacuate on a specific date documented by the notary by the tenant to the owner of the property, and the tenant fails to fulfill his commitment, the owner has the right to file an eviction invitation within a month.
What are the cases in which the owner of the property in Turkey has the right to evict the tenant from the property in Turkey?
- The first case : in which the owner of the property in Turkey has the right to evict the tenant:
In the beginning, there must be certain cases in which the property owner in Turkey has the right to expel the tenant from his property, the first of these cases is in the event that the lease term expires and the two parties do not wish to renew the contract, so the property owner in Turkey has the right to evict the tenant, as well as if the owner of the property in Turkey wants to make some adjustments or repairs in his property, then the owner of the property has the right to remove the tenant from his property, but in this case the original owner of the property in Turkey will have some things, such as that he will be prevented from leasing his property to another person for a period of three years from the date of the previous tenant's eviction.
-The second case: In addition, it will be the right of the property owner in Turkey to evict the tenant from his property if he decides to sell the property, and he will send a notice to the tenant informing him that he must vacate the property at maximum speed, but in the event that the original property owner and the tenant have agreed in advance, there will be no need to send any notice.
-The Third case: Moreover, if the original owner of the property in Turkey or someone close to him is primarily in need of the property, he will have the right to remove the tenant from the property.
-The Fourth case: The owner of the property in Turkey shall have the right to evict the tenant from his property in the event that he fails to pay the monthly rent.
Duties of the tenant of the property in Turkey:
In the beginning, the tenant must comply with all the expenses that he must pay, such as water, electricity and gas bills, and in the event that he fails to do so, the original owner of the property has the right to cancel the contract and evict the tenant from it, and the tenant must deliver the property in Turkey as he received it from its owner in the beginning i.e. That he should not inflict any damage to the property's details, in addition to his duty to make rent payments to the owner of the property in Turkey regularly and without delay, and finally it is not permissible for the tenant to make any drastic changes to the origin of the property in Turkey without the permission of the original owner. If the property tenant in Turkey does any of the actions mentioned above, then the property owner has the right to acquire the insurance deposit that was paid upon signing the lease contract, and even remove the tenant from the property completely legally.
Duty of the property owner in Turkey towards the tenant:
Since there are duties that the tenant must perform, so the property owner has duties as well; for example, he has to pay all the previous bills and dues incurred by him, so it is not for the tenant to pay something that is not used by him. Also the duty of the property owner to pay for repairing any of the property's foundations that have been damaged, it is not the tenant’s duty to bear the consequences and in this case he does not lose anything from the amount of his insurance. However, in the event that the tenant delays paying the rent, the owner of the property does not have the right to impose any financial penalties on the tenant or take from The insurance deposit anything.
Whether they are duties or rights, whether it is a lessor or a tenant, they are fair rules and laws that are not arbitrary and everyone must abide by.
If you have more questions about how to evict the property from the tenant and the needed procedures "Mersat" team always welcomes your questions, just leave your request via email or contact numbers, and we will be happy to answer them.
Edited by Mersat Real Estate Team ©
Hashtag
Property for rent in Turkey | Turkey real estate | eviction of a tenant | Tenancy Law | Residence in Turkey
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