When purchasing a property in the Republic of Turkey, one of the important considerations is to determine who currently occupies the property. If the property is occupied by a tenant, its legal status must be carefully evaluated. If the property is purchased for use, there are specific legal procedures to follow to evict the tenant.
As we explained in our previous article, if a tenant is present in the purchased property, according to Article 310 of the Turkish Code of Obligations No. 6098, the new owner becomes a party to the lease agreement made by the previous owner. Becoming a party to the lease agreement obliges the new owner to comply with the terms contained in the lease agreement. If the new owner does not want to be bound by the lease agreement and needs the property for themselves, they must resort to certain legal avenues.
Article 351 of the Turkish Code of Obligations No. 6098 allows for the eviction of the tenant due to the new owner’s need. According to Article 351/1, it is required to notify the tenant in writing within 30 days from the date the property is registered in the land registry in the name of the buyer. For detailed information, you can read our article.
If the written notice is not given to the tenant within 30 days or is given after the 30-day period, action should be taken according to the regulation in Article 351/2. Article 351/2 of the Turkish Code of Obligations No. 6098 states: “The person who subsequently acquires the leased property may terminate the lease agreement for need by filing a lawsuit within one month starting from the end of the lease term.” In this case, the new owner can wait for the lease term to end and file an eviction lawsuit within one month from the lease term’s end to evict the tenant from the property.
Therefore, if the written notice is not given to the tenant within 30 days or is given after the 30-day period, action should be taken according to the regulation in Article 351/2 of the Turkish Code of Obligations No. 6098. If the lease agreement is old, it is possible that the lease agreement contains an expiration date from previous years. In this case, it is necessary to look at the regulation in Article 347 of the Turkish Code of Obligations No. 6098.
According to Article 347 of the Turkish Code of Obligations No. 6098, in residential and commercial leases, if the tenant does not notify at least fifteen days before the end of the lease term, the lease is automatically extended for one year under the same conditions. The property owner cannot terminate the lease based on the lease term’s expiration. In this case, the expiration date of the old lease is also automatically extended.
For example, if the property was leased with a lease agreement starting on 01.01.2020 for a period of one year, and the property was purchased by the new owner on 01.05.2024, but no written notice was given to the tenant, the new owner can file the lawsuit within one month from the lease term’s end date of 01.01.2025.
It should be noted that in eviction lawsuits filed based on Article 351/2 of the Turkish Code of Obligations No. 6098, the new owner and their relatives must prove that they genuinely need the property. The court evaluates whether this need is sincere and necessary.
Can the new owner evict the tenant without sending a notary notice?
As explained in detail above, if no written notice is given to the tenant within 30 days from the date of acquiring the property, eviction can be achieved by filing an eviction lawsuit within one month from the lease term’s end date according to Article 351/2.
