{"id":8342,"date":"2026-05-08T17:27:14","date_gmt":"2026-05-08T14:27:14","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=8342"},"modified":"2026-05-11T12:07:47","modified_gmt":"2026-05-11T09:07:47","slug":"satin-alinan-evden-kiracinin-cikartilmasi","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/satin-alinan-evden-kiracinin-cikartilmasi\/","title":{"rendered":"Eviction of a Tenant from a Purchased Property"},"content":{"rendered":"
\"Sat\u0131n<\/figure>\n\n\n\n

Sat\u0131n Al\u0131nan Evden Kirac\u0131n\u0131n \u00c7\u0131kart\u0131lmas\u0131 – Kar\u015f\u0131yaka Avukat<\/strong><\/h3>\n\n\n\n

Sat\u0131n al\u0131nan bir evde kirac\u0131 bulunmas\u0131, \u00e7o\u011fu ki\u015fi i\u00e7in \u201cevi ald\u0131m, kirac\u0131 hemen \u00e7\u0131kar\u201d d\u00fc\u015f\u00fcncesini do\u011furur. Oysa T\u00fcrk Bor\u00e7lar Kanunu\u2019nda (TBK) kira s\u00f6zle\u015fmesi, malikin de\u011fi\u015fmesiyle kendili\u011finden sona ermez. Yeni malik, kirac\u0131y\u0131 ancak kanunda say\u0131lan sebepler ve s\u00fcreler i\u00e7inde hareket ederek tahliye edebilir. Uygulamada en \u00e7ok kullan\u0131lan yol, TBK m.351 kapsam\u0131nda ihtiya\u00e7 nedeniyle tahliye hakk\u0131d\u0131r. Bunun yan\u0131nda tahliye taahh\u00fcd\u00fcne dayal\u0131 tahliye, kira bedelinin \u00f6denmemesi, 10 y\u0131ll\u0131k uzama s\u00fcresi gibi farkl\u0131 tahliye mekanizmalar\u0131 da bulunmaktad\u0131r. Kirac\u0131\u2013ev sahibi uyu\u015fmazl\u0131klar\u0131nda s\u00fcrelerin ka\u00e7\u0131r\u0131lmas\u0131, ihtar\u0131n usuls\u00fcz g\u00f6nderilmesi veya arabuluculuk \u015fart\u0131n\u0131n atlanmas\u0131 davan\u0131n reddi gibi sonu\u00e7lar do\u011furabilir. Bu nedenle <\/strong>The process plan for eviction cases should be determined in consultation with a lawyer.<\/p>\n\n\n\n

Legal Regulations Regarding the Eviction of a Tenant from a Purchased Property<\/h3>\n\n\n\n

TBK<\/a> 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.<\/p>\n\n\n\n

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:<\/p>\n\n\n\n

Article 351 of the Turkish Code of Obligations states: \u201cIf 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.\u201d.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Conditions Required for Terminating a Lease Agreement Due to the New Landlord's Needs<\/h3>\n\n\n\n

1) The person must have acquired the property (rented property) for a legal reason, such as purchase, donation, etc.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

Things to Consider When Evict a Tenant from a Purchased Property<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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:\u2019If 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.\u201d <\/em>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.<\/p>\n\n\n\n

Procedures the New Property Owner Must Follow<\/h3>\n\n\n\n

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.<\/p>\n\n\n\n