REASONS OF EVICTION IN TERMS OF RESIDENTIAL AND ROOFED WORKPLACES
According to the Turkish Code of Obligations numbered 6098 (“TCO”), the lease contract can be terminated by notification or by a court decision to be rendered under a lawsuit. Termination by notification refers to termination when the term of lease contract expires. Termination through a lawsuit may occur as a result of various reasons listed under TCO.
Principally, termination of the contract when the contract term expires (termination by notification) is a way that the lessee can use effectively since the lessee is entitled to terminate fixed term lease contracts via at least fifteen days prior notice under Article 347 of TCO. However, the lessor cannot terminate the contract on the ground of the expiration of the contract term. The lessor may terminate the contract only with a notification no later than three months before the expiration of the ten-year period starting from the expiration date of the term in the lease contract. It is obvious that; the right to terminate the contract upon expiration of the contract term is only granted to the lessee under TCO. The lessor is not allowed to terminate the contract before ten-year period of the execution of the lease contract pursuant to Article 347 of TCO. Any agreements executed contrary to mentioned provision shall be null and void.
The reasons of eviction arising from the lessor stipulated under Article 350 of TCO are as follows;
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The lessor may terminate the lease contract if the lessor himself/herself, his/her spouse, descendants, ascendants and legally dependent persons need the leased property. In order to terminate the contract, it is obligatory to file a lawsuit in accordance with the periods determined by law.
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If it is necessary to repair, expand or replace the leased property for reconstruction purposes and if the use of the leased property during these works is impossible, the lessor may also terminate the lease contract by filing a lawsuit regarding the periods determined by law.
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While the lease contract is effective; the person who takes over the immovable may terminate the lease contract with a lawsuit to be filed within six-month period starting from acquisition date of the leased property, provided that (I) he/she, his/her spouse, descendants, ascendants or other persons who are legally dependent need the immovable and (ii) such need must be notified to lessee within one month period immediate after acquisition of the premises
The reasons of eviction arising from the lessee are regulated under Article 352 of TCO. Accordingly;
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If the lessee has given a duly arranged written eviction commitment to the lessor; the lessor may request the eviction of the immovable through the lawsuit or execution by justifying this written eviction commitment.
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If the lessee has caused two valid notices to be made to him/her in writing because he/she has not paid the rent within one year period, the lessor may terminate the lease contract through a lawsuit. However, the preferred method is to initiate enforcement proceedings with the request of eviction against the lessee who does not pay the rent. In this case, when the lessee does not even pay a rent, he/she may be faced with enforcement proceedings with an eviction request.
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In the event that the lessee or his/her spouse lives in the same district or within the municipality boundaries, if the lessor does not know this during the negotiation of the lease contract, he/she may terminate the contract through a lawsuit within one month starting from the end of the contract.
In conclusion, there are several reasons of the termination of the lease contract of the residential and roofed workplaces under TCO. The procedures to be followed in terms of each reason of termination differ. Therefore, it is recommended to get legal advice regarding the termination of the lease contracts of the residential and roofed work places in order not to forfeit any rights.