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What are the Reasons for Eviction?

What are the Reasons for Eviction?

As stated in the article ‘What does the Supervision of Rents Act 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 of the due date or the offer to pay is not made.
  • If the liability to pay rent 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 him) has acted in a manner that continually harasses or discomforts the same or a neighboring immovable properties, or uses the immovable property for immoral or illegal or if he (the tenant or any other person occupying the real estate 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 had 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 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 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 was rented as a result of his/her employment by the owner (landlord) and that this employment was terminated, and if 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 landlord need the immovable property for the purposes of modifying the property or carrying out a new construction or demolishing the property. In such a case, the landlord must satisfy the court that he or she obtained the requisite approval for either modifying the property or for the new construction or for demolishing the property and the landlord should also give the tenant at least one month of written notice for the purposes of evacuating the property.
  • In the event that, in accordance with any Act of Parliament, the evacuation of the immovable property is necessary to implement a development project.
  • In case the immovable property or any part of it is expropriated in accordance with the Forced Acquisition of Property 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 for the tenant or that the Court is satisfied that any such immovable property will be available at the time the order enters into force.

  • Gürkan&Gürkan
  • February 2023