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What are the Reasons for Eviction?

What are the Reasons for Eviction?

As stated in the article ‘What does the Lease Control Law mean and in which areas is it applied?’ the provision or order regarding the evacuation of any immovable property under the Lease Control Law may only be given in the following cases:

  • If the rent to be paid by law is not paid within one week of the last day to be paid or the offer to pay is not made.

  • If the liability to pay rent (if it arises from the regulations of the Law or the lease) is violated or not fulfilled by the tenant.

  • If the tenant or any other person occupying the real estate in relation to the tenant (under the tenant) has acted in a manner that continually harasses or discomforts the same or a neighboring immovable properties, or uses the immovable property in a manner that is unethical or illegal or if he (the tenant or any other person occupying the real estate in relation to the tenant (under the tenant) allows or causes someone else to act in this manner.

  • In the case whereby the Court is of the opinion that, the immovable property has deteriorated due to the destructive act or negligence or intentional behavior of the tenant or where this has caused unjustified damage to the immovable property.

  • In case of termination of the lease/rent relationship with a notice to quit given by the tenant.

  • In case the tenant rents the immovable property to a third party, or, obtains direct or consequential benefits by giving up the immovable property partially or completely in order to make profit.

  • If the owner of the immovable property or his/her spouse or children above the age of eighteen has a justified need for the use of the property.

  • If the immovable property or any part of the immovable property has been rent as a result of his/her employment by the owner (landlord) and that this employment has been terminated, and in case the employer has a reasonable need to rent the immovable property to any other person who has been employed by the owner on a continuous basis.

  • If the owner (landlord) has a need to amend the property or to demolish it or to build a new building and that the Court is satisfied by the landlord for modification, construction or demolition and that the owner (landlord) has given a written notice to the tenant for a period which is not less than one month for the evacuation of the immovable property.

  • In the event that, in accordance with any Law, the evacuation of the immovable property is necessary to implement a development project.

  • In case the immovable property or any part of it is nationalized in accordance with the Forced Commodity Law or any other law authorizing it.

  • Where the immovable property is required to be used by local authorities in order to fulfil their legal duties and authorities or in the case where there is a justified public interest in the opinion of the Court.

  • Where the Court deems it reasonable to issue a provision or an order for eviction and that there exists another immovable property available to the tenant or that the Court is satisfied that this immovable property will be available at the time the provision or order enters into force.

Attr. Ayşe Seyitoğlu
  • Attr. Ayşe Seyitoğlu
  • July 2019