As it is known, second-hand real estate transactions are common in the Republic of Turkey. The legal relationship between the new owner and the tenant of the property, if it was rented before the sale, becomes important. According to Article 310 of the Turkish Civil Code No. 6098, the person who becomes the owner of the property later becomes a party to the lease agreement signed between the former owner and the tenant. Due to this legal regulation, if the property acquired later is under lease with a lease agreement, the new owner becomes a party to the lease agreement and must comply with the terms of the lease agreement from the transfer of ownership of the property in the land registry office records.
However, the new owner may have purchased the relevant property for the purpose of using it. In this case, if the new owner does not wish to be a party to the lease agreement signed during the previous owner’s period, they need to resort to certain legal remedies. The Turkish Civil Code No. 6098 grants the possibility of terminating the lease agreement by filing an eviction lawsuit under the conditions set forth in Article 351, if the new owner, their spouse, descendants, ascendants, or persons they are legally obligated to support need the property.
In accordance with Article 351/1 of the Turkish Civil Code, in order to file an eviction lawsuit, the new owner must first inform the tenant in writing within one month from the date of transfer of the property in the land registry that they or one of the aforementioned close relatives require the property. The intention to terminate the agreement must be notified to the tenant in writing within 30 days. It is advisable to make this notification through a notary to prevent future problems. Considering that notaries send such notifications to the tenant through postal services, it is advisable to make the notification without delay to avoid missing the 30-day period. With this notification, the tenant must be warned to vacate the leased property within 6 months for the purpose of terminating the lease agreement, otherwise legal remedies will be sought.
After the notification mentioned above is made to the tenant within the specified period, if the tenant does not vacate the property within the 6-month period, the eviction of the property must be ensured through a court decision by filing a lawsuit. The period for filing a lawsuit begins after 6 months from the date of acquisition and continues until the renewal period of the lease agreement. For example, if there is a lease agreement starting on 01.01.2024 and lasting for 1 year, and the property is acquired by the new owner on 01.03.2024, a written notification must be made to the tenant by 01.04.2024 at the latest, and if the property is not vacated by 01.09.2024, the period for filing a lawsuit will begin from 02.09.2024. The period for filing a lawsuit lasts until the end date of the lease agreement, which is 01.01.2025.
Finally, regarding these eviction lawsuits, courts examine the sincerity of the new owner’s need claim. If the need of the new owner is not genuine and essential, their claim of necessity is not a reason for eviction. Holding the eviction lawsuit as a leverage to put the tenant in a difficult situation or to impose conditions advantageous to oneself regarding the lease terms is not legally protected. Especially, if the claim of necessity is not sincere and genuine, there are high court decisions stating that landlords who own multiple properties in the same city do not have genuine needs.
