Residential and commercial buildings have an economic life, and when their economic life approaches its end, both residential and commercial properties experience a decrease in value. To prevent this depreciation, renovations may be carried out on leased properties. In cases where the use of the leased property is not possible due to renovations, eviction through renovation can be sought, and the tenant can be evicted accordingly. This article will cover the legal basis for eviction due to renovations, its conditions, and frequently asked questions on the subject.
Legal Basis for Tenant Eviction Due to Renovations in Turkey
Tenant eviction due to renovations is regulated under Article 350 of the Turkish Code of Obligations. According to the article, "in leases with a specific term, if the leased property needs substantial repair, reconstruction, expansion, or alteration for its reconstruction or development purpose and if it is impossible to use the leased property during these works, the lease may be terminated by filing a lawsuit." As explicitly stated in the law, in order for a tenant to be evicted due to renovations, renovations should be necessary, the use of the property should be impossible during renovations, and a lawsuit should be filed within one month from the end of the lease period.
Conditions for Tenant Eviction Due to Renovations in Turkey
Tenant eviction due to renovations can only be carried out if the conditions specified in the law and legal precedents are met. Among these conditions, substantial renovations are required, it must be impossible to use the property during renovations, an approved architectural project must be presented, and the lawsuit must be filed within the specified timeframe.
Renovation Should Be Substantial
In order to evict the tenant due to renovations, the renovations to be carried out must be substantial. Renovations' being substantial is a reflection of the principle of honesty, which is one of the fundamental principles of law. In fact, if renovations are not substantial and the issue can be resolved through temporary eviction, requesting the tenant's eviction would not comply with good faith rules and would be rejected by the court. In order to determine whether the renovations are substantial and whether the issue can be resolved through temporary eviction, it is necessary to assess whether substantial renovations are required, whether the problem can be resolved through temporary eviction, and whether it is technically feasible to be present in the rented property during renovations.
"In a court decision dated October 12, 2012, a report obtained as a result of an inspection conducted by the court indicated that the structure was an old and significantly worn-out building, and therefore, it was necessary to improve or reconstruct the building for the sake of life and property safety, and the property needed to be vacated. However, no opinion was given regarding whether renovations could be carried out through temporary eviction. Therefore, an additional report from the expert regarding whether renovations could be carried out through temporary eviction should have been obtained, and the decision should have been made accordingly."Court of Cassation Decision on Tenant Eviction Due to Renovations - 6th Chamber, E. 2013/6421 K. 2013/10229 Dated 10.6.2013
Impossibility of Property Use During Renovations
To evict a tenant based on renovations, it is necessary for the property to be vacated to be impossible during renovations. The issue cannot be resolved through temporary eviction, and the property must be physically vacated. For example, in a court decision related to eviction due to renovations, it was stated that despite the impossibility of using the property during renovations, the court ordered temporary eviction, which was considered a reason for the decision to be annulled.
"The plaintiff, in the lawsuit petition, stated that the property in question needed to be vacated due to substantial repairs and renovations required by the renovation project due to the cracks in the columns and beams of the leased property, posing a danger to life safety. The defendant argued that renovations were not necessary and that renovations could be done without vacating the property, so the lawsuit should be dismissed. The court ordered the temporary eviction of the property for a period of 3 months.. In this case, it would be wrong to order temporary eviction instead of vacating the property. Therefore, the decision should be annulled."Court of Cassation Decision on Tenant Eviction Due to Renovations - 6th Chamber, E. 2006/3386 K. 2006/4762 Dated 02.05.2006
Presentation of an Approved Architectural Project
Another requirement for eviction due to renovations is the presentation of an architectural project that has been approved by the relevant municipality. This architectural project must also be considered feasible by the municipality, and it must be practically possible to implement the project. During the trial, an inspection is conducted to determine whether the project meets the requirements and whether it is feasible. If an approved architectural project is found to be feasible and suitable for the property's condition and the project is practically implementable, eviction of the tenant can be ordered.
The plaintiff requested the eviction of the property due to substantial repairs and renovations based on the approved project during the lawsuit petition. The court should have obtained an additional report from the expert regarding whether renovations could be carried out through temporary eviction and made a decision accordingly, instead of making a decision without a proper examination."Court of Cassation Decision on Tenant Eviction Due to Renovations - 6th Chamber, E. 2015/334 K. 2015/1830 Dated 25.02.2015
Lawsuit Must Be Filed Within the Specified Period
The lawsuit for tenant eviction due to renovations must be filed within one month from the end of the lease period. If this time limit is not observed, the lawsuit will be dismissed. The issue of filing the lawsuit within the specified time limit should be carefully considered, and actions should be taken accordingly to avoid the dismissal of the lawsuit.
For eviction lawsuits based on substantial repairs, renovations, and urban development, the lawsuit should be filed at the end of the term in leases with a specific term. In this case, the lawsuit was filed before the end of the lease period, although it should have been filed after the end date of the lease, which was November 1, 2013. The statute of limitations for filing a lawsuit is a matter of public policy and should be taken into account by the court, even if not raised by the defendant. Since the lawsuit was filed before the expiration of the statute of limitations, the court's decision to examine the merits of the case and order the eviction of the property was incorrect."Court of Cassation Decision on Tenant Eviction Due to Renovations - 6th Chamber, E. 2015/8286 K. 2016/3259 Dated 21.4.2016
Restrictions on Re-Renting After Tenant Eviction Due to Renovations
After tenant eviction due to renovations, the vacated property cannot be rented to another tenant for a period of three years before the renovations are actually carried out. The important point here is that the tenant must be evicted by a court order. Tenants who are evicted through mutual agreement or the threat of legal action cannot benefit from this right. Furthermore, the previous tenant has the right of first refusal for renting the renovated property with its new conditions and rental price. The landlord must give the previous tenant one month to make a decision and offer the renovated property to them. Unless this right is exercised, the tenant's right of first refusal does not expire, and the property cannot be rented to another tenant for three years. In case of violation of the prohibition on re-renting, the landlord must compensate the previous tenant with an amount not less than the one-year rent paid in the last rental year.
Competent Court for Tenant Eviction Due to Renovations
In tenant eviction cases due to renovations, the competent court is the Civil Court of Peace and the court is located where the property is situated.
Frequently Asked Questions
Eviction due to renovations is an important issue for both landlords and tenants. Conditions such as substantial renovations, impossibility of property use during renovations, submission of an approved architectural project, and filing the lawsuit within the specified timeframe are necessary for the approval of eviction due to renovations. Meeting all these conditions meticulously and seeking expert legal support in Turkey is important for a smooth eviction process. The duration of a lawsuit for eviction due to renovations depends on the complexity of the case and whether the parties have properly followed the procedures. Therefore, cases handled by expert eviction lawyers in Turkey can achieve faster results.
Inflation and the 25% rent increase limit adversely affect rental prices. As a result, landlords are suffering losses and facing significant hardships. If the necessary conditions are not met for an eviction due to non-payment of rent, other eviction reasons can be explored, or if the conditions are met, a rent determination lawsuit or a rent adjustment lawsuit can be filed.