The most common problem in renting out property is termination of the rental agreement and evicting tenants. Rental law is quite complex. Even the location of the property is a key element in determining which law is applied: Law No. 6570 is applied to properties located within the borders of a municipality and properties located outside of any municipality are subject to the Code of Obligations.
I would like to shed some light on the conditions and time periods for terminating a rental contract.
Under the Code of Obligations and the Code of Real Estate rental prices and termination conditions of rental agreements by the landlord are regulated under numerous clauses. This article is primarily covers Law No. 6570.
My tenant is violating the rental agreement. What should I do?
You can simply terminate the agreement by giving your tenant notice of termination and asking them to leave the premises within the period specified in the rental agreement. A landlord is also able start legal action for eviction if the tenant is violating the terms and conditions of the rental agreement or violating the Code of Obligations.
My tenant is not violating the terms and conditions of the rental agreement. Can I still ask for eviction?
Even if the tenant keeps good order and obeys the terms and conditions of the rental agreement, the landlord can still start legal action if one or the following situations has occurred. In such a case the landlord should follow the deadlines and other requirements regarding termination notices.
A Landlord is able to start legal action for eviction if a tenant promised to leave the premises on an exact date and failed to do so. I should underline that the date of the promise must be later than the date of the rental agreement to be valid. If the date of the promise or undertaking is not later than the date of rental agreement, then the tenant is deemed to be under the pressure of the land lord to have given this promise in order to be able to rent the flat. In other words, when signing the contract, the tenant is considered as the weak party and the courts will tend to protect the tenant. Although I am against this understanding, this is, unfortunately, the case. So there is no point in making an agreement that the court may interpret as it chooses in the future. What a way to protect the weak!
If the landlord needs the property to use as a residence or as working place for himself, a spouse or a child, then the landlord may ask for eviction.
Another ground is that if the property needs significant renovation or construction that requires the tenant to leave the premises. This must be determined by an expert’s report and the landlord cannot simply allege that the construction or renovation is significant without such a report.
I will keep writing on this topic on Wednesday.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com The names of the readers are disclosed only upon written approval of the sender.DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this column.
