Landlords' Rights: What is a Necessary Eviction Case?

Eviction Case Due to Need

Although disputes arising in residential and workplace lease agreements are generally evaluated from the perspective of the tenant, the rights of the lessor, who is the owner of the real estate, should not be ignored. In some cases, it is legally possible to evict the tenant. In this article, we will discuss the characteristics, conditions and litigation process of the eviction case due to necessity.

What is an Eviction Case?

Eviction lawsuits are lawsuits filed by the landlord to remove the tenant from the property based on the reasons specified in the law. Lease agreements are usually made for one year and if the tenant does not terminate the agreement at the end of the period, the agreement is automatically extended. However, in some cases, the need to evacuate the rented property may arise.

If the tenant does not accept the eviction request, the landlord can file an eviction lawsuit by justifying his need. However, in order to exercise this right, the conditions specified in the law must be present.

What is an Eviction Case Due to Need?

Eviction cases due to need are cases filed by the landlord himself, his spouse, descendants (children), ascendants (parents) or other persons he is legally obliged to look after due to housing or workplace needs. These cases are regulated in accordance with Article 350 of the Turkish Code of Obligations .

In order for the need for evacuation to be accepted:

1. Real ,

2. Mandatory and

3. Sincere

The need for release must be continuous and not based on assumption. The need for release must be demonstrated when the case is filed and during the continuation of the case.

In what cases can an eviction case be filed due to necessity?

The lessor must prove a real, compelling and sincere need for himself or his relatives specified in the law .

Relatives specified in the law:

• The lessor himself,

• His wife,

• Descendants (children),

• Descendants (parents) or,

• Other persons on whom he/she is legally obliged to look after.

No eviction case can be filed for relatives other than these people.

Examples of Needs

Common situations that may be subject to an eviction lawsuit include:

• Security: The rented property is safer than the property where the lessor currently resides.

• Economic Conditions: The rented real estate is economically more advantageous or suitable than other real estate.

• Health Conditions: If the lessor needs the rented property due to a serious illness.

• Education: The lessor's need for the property due to the educational needs of his children.

  
  

Authorized and Competent Court

In cases of eviction due to need, the competent court is the Civil Court of Peace of the place where the real estate is located. The case must be filed in this court and the reality and necessity of the need must be stated in detail in the petition.

Things to Consider in an Eviction Case

Eviction cases are a sensitive area of law and it is important to pay attention to the following points:

1. Complete Fulfillment of the Conditions of the Case: The lessor must document the reality and necessity of his need.

2. Follow-up of Litigation Processes: After the lawsuit is filed, the need for ongoing litigation should be supported by documents submitted to the court.

3. Deadlines: Eviction requests are subject to specific legal deadlines. The lawsuit must be filed within these deadlines.

4. Working with an Experienced Lawyer: Working with an experienced lawyer in these types of cases is very important for the proper management of the litigation process.

   
   

Conclusion

Eviction cases due to need are a legally recognized right of the landlord. However, in order for this case to be concluded successfully, the reality and necessity of the need must be correctly conveyed to the court. In order for the legal process to be carried out successfully, consulting an experienced lawyer is of critical importance both in saving time and in preventing possible loss of rights.