Eviction of a Tenant from a Purchased Property

Satın Alınan Evden Kiracının Çıkartılması – Karşıyaka Avukat

Satın alınan bir evde kiracı bulunması, çoğu kişi için “evi aldım, kiracı hemen çıkar” düşüncesini doğurur. Oysa Türk Borçlar Kanunu’nda (TBK) kira sözleşmesi, malikin değişmesiyle kendiliğinden sona ermez. Yeni malik, kiracıyı ancak kanunda sayılan sebepler ve süreler içinde hareket ederek tahliye edebilir. Uygulamada en çok kullanılan yol, TBK m.351 kapsamında ihtiyaç nedeniyle tahliye hakkıdır. Bunun yanında tahliye taahhüdüne dayalı tahliye, kira bedelinin ödenmemesi, 10 yıllık uzama süresi gibi farklı tahliye mekanizmaları da bulunmaktadır. Kiracı–ev sahibi uyuşmazlıklarında sürelerin kaçırılması, ihtarın usulsüz gönderilmesi veya arabuluculuk şartının atlanması davanın reddi gibi sonuçlar doğurabilir. Bu nedenle The process plan for eviction cases should be determined in consultation with a lawyer.

Legal Regulations Regarding the Eviction of a Tenant from a Purchased Property

TBK According to Article 310, the new owner of the dwelling automatically becomes a party to the lease agreement made with the previous owner. Unless there is a justifiable reason (such as the tenant's failure to pay rent, causing disturbance to neighbors, etc.), the new landlord cannot terminate the lease agreement or force the tenant to vacate the premises unless the tenant agrees.

However, since the question of when a new landlord can evict a tenant refers to Article 351 of the Turkish Code of Obligations, titled "Necessity of the New Owner," we must also mention this ground for eviction:

Article 351 of the Turkish Code of Obligations states: “If the person who subsequently acquires the leased property has a compelling need to use it as a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons they are legally obligated to support, they may terminate the lease agreement by filing a lawsuit six months after the acquisition date, provided they notify the tenant in writing within one month of the acquisition. Alternatively, the person who subsequently acquires the leased property may exercise this right to terminate the contract due to necessity by filing a lawsuit within one month of the expiration of the contract term.”.

Turkish law recognizes the need for housing by the new landlord or their relatives as a valid reason for terminating a lease agreement. However, the law also requires certain formal conditions and mandates the filing of a lawsuit in all cases. In other words, even if the new landlord meets the conditions stipulated in Article 351 of the Turkish Code of Obligations, they cannot terminate the lease agreement without filing an eviction lawsuit.

Conditions Required for Terminating a Lease Agreement Due to the New Landlord's Needs

1) The person must have acquired the property (rented property) for a legal reason, such as purchase, donation, etc.

2) The new homeowner must acquire the property while it is still occupied by a tenant. In other words, there must be an ongoing lease agreement between the previous owner and the tenant at the time of the property changeover.

3) The new landlord, their spouse, descendants (children, grandchildren), ancestors (parents, grandparents, etc.), or persons they are legally obligated to support must have a compelling need to use the rented property for housing purposes.

It is important to note here that for the new landlord to terminate the lease, one of the individuals mentioned above must have a housing need. The tenant cannot be asked to vacate the property due to a housing need of the new landlord's relatives, nor can they be asked to leave the property if, according to the principle of good faith, these individuals do not have a housing need.

4) The legislator has foreseen two possibilities for the landlord here, and in both cases, the new landlord must file an eviction lawsuit after fulfilling the specified conditions.

Things to Consider When Evict a Tenant from a Purchased Property

a) The new landlord must provide written notice to the tenant within one month of acquiring (purchasing) the property. For ease of proof, it is advisable to have the written notice notarized. The new owner's written notice should state the date of acquisition (purchase) of the property, that they/legally specified individuals need the property, and their intention to terminate the lease agreement within the framework of legal regulations. They can then terminate the lease agreement by filing an eviction lawsuit six months after acquiring the property.

b) Alternatively, the new owner may request the termination of the lease agreement by filing an eviction lawsuit within one month of the expiration date of the previous lease agreement, without needing to provide written notice to the tenant.

Regarding the time limits mentioned above for a new landlord to file an eviction lawsuit due to necessity, Article 353 of the Turkish Code of Obligations states:’If the landlord has notified the tenant in writing that they will file a lawsuit within the period stipulated for filing a lawsuit, the period for filing a lawsuit shall be deemed to have been extended for one rental year.” It is stated that, accordingly, the new landlord also has the option of extending the time limit for filing an eviction lawsuit for the aforementioned reason.

Procedures the New Property Owner Must Follow

According to the law, if there is no annotation in the title deed based on the lease agreement, the new property owner must send a notice to the tenant within one month of the title transfer.

• After a notice is sent, if the lease agreement is for a period longer than 6 months, the tenant must vacate the property within 6 months. If the tenant refuses to leave, they can be evicted through legal action.
• If a notice is not sent within one month after the transfer of title, the new homeowner will be deemed to have accepted the terms of the lease agreement belonging to the landlord.
• If the tenant violates the terms of the lease agreement during this process – for example, by failing to pay the rent within the specified time – they may be evicted earlier.

Agreement with the Tenant Living in the Newly Purchased House

One of the ideal methods is to reach an agreement with the current tenant before purchasing the property. In this case, the tenant and landlord can mutually agree to terminate the lease agreement. This eliminates the need to wait for the tenant to vacate the premises. In practice, a commitment to vacate is usually obtained from the tenant. If the tenant does not agree to this commitment, the procedure described above is applied if there is a compelling need for the property. Additionally, if a tenant is currently residing in the property being purchased, the security deposit, which is the amount the tenant pays to the landlord as a security deposit, should be considered. If the property is being purchased, this deposit should be obtained from the previous owner or deducted from the property price.

In order to file a lawsuit based on housing needs, it is not necessary for the location of the dwelling to be the domicile address within the scope of Article 19 of the Turkish Civil Code (6th Civil Chamber, 13.9.1979; 3619/6381).

In legal doctrine, it is held that if a landlord with a heart condition or a walking disability resides on an upper floor of a building without an elevator, while their own apartment is in a building with an elevator or on the ground or first floor of such a building, there is a genuine reason and justification for eviction. Furthermore, legal doctrine states that if the landlord's spouse requests separation and the judge grants the request, the landlord may file an eviction lawsuit for the spouse's needs. Similarly, if the landlord's children need to live separately from their father due to reasons such as engagement, marriage, education, health, or employment, the landlord may file an eviction lawsuit for the property.

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