When a new workplace or residence is purchased for use, and a tenant is already occupying the property, the eviction process must strictly follow the procedure stipulated by law if eviction is to be requested. This procedure, regulated under Article 351 of the Turkish Code of Obligations (“TCO”), is examined in detail below.

1. In Terms of the Person in Need

The new owner who acquires a property subject to a lease agreement and occupied by a tenant may request the tenant’s eviction for their own residential or commercial use. Additionally, the new owner may seek eviction if the property is needed for their spouse, descendants, ascendants, or other persons whom they are legally obliged to support. Notably, since the law limits this right to descendants and ascendants, the new owner cannot claim such a need for "second-degree relatives" or "in-laws."

Although siblings are not explicitly mentioned in the relevant provision, if the new owner is legally obligated to support their sibling, an eviction request may also be made for the sibling’s needs.

The phrase "other persons whom they are legally obliged to support" in the law is somewhat ambiguous, as the specific individuals covered by this term are not explicitly listed in the text. However, legal doctrine interprets this provision broadly, considering individuals specified under Article 364 of the Turkish Civil Code and Article 3/10 of the Social Insurance and General Health Insurance Law No. 5510.

While eviction due to necessity under Article 350 of the TCO may be initiated by a landlord who is not the property owner, the procedure set out in Article 351 is reserved exclusively for the new owner.

Another important aspect of this procedure is that a real person who acquires the property must assert the necessity for themselves or for those explicitly mentioned in the provision. In other words, a real person who acquires the property cannot request eviction based on the needs of a legal entity with which they are affiliated. Likewise, a legal entity cannot claim necessity for its owner, employees, or any associated real person.

2. In Terms of the Type of Property

The necessity that justifies the eviction of the leased property must align with the property's intended use, meaning it can arise as either a residential or commercial need. For instance, an apartment used as a residence by the tenant can also be used as a law office by the new owner. Therefore, an eviction request may be based on the need for business premises.

To initiate an eviction under this procedure, the new owner must not have previously held any share in the property. Otherwise, they would not be considered a "new owner" and would only be able to seek eviction under Article 350 of the TCO.

The issue of whether legal entities can claim a residential need is debatable. However, since such a claim would ultimately be based on the needs of a specific individual (such as a shareholder or employee), legal entities are generally not considered to have a residential need under the law.

3. Notification and Lawsuit Deadlines for the Necessity Claim

The new owner must comply with certain deadlines to assert necessity and request eviction. The law provides two alternatives for the new owner.

First, the new owner must notify the tenant in writing within one month of acquiring the property. This notice must specify who the necessity claim is for and whether the property will be used as a residence or a business. In practice, this written notification is typically sent via a notary for evidentiary purposes. After this notification, the new owner may file an eviction lawsuit at least six months after the acquisition date.

If the new owner fails to notify the tenant in writing within the first month, he/she may still file an eviction lawsuit within one month after the end of the lease term. Here, "the end of the lease term" refers to the renewal date of a fixed-term lease, without considering automatic extensions. While Article 351/2 of the TCO explicitly refers to fixed-term leases, legal scholars argue that the same rule applies to indefinite-term leases, provided that the lawsuit is filed within one month after the expiration of the notice period required for termination.

Additionally, under Article 353 of the TCO, if the tenant is notified in writing within the lawsuit period, the deadline for filing the eviction lawsuit is extended by one rental year.

4. Other Conditions

To ensure that an eviction lawsuit is accepted, it must be filed in the competent and authorized court. The Civil Court of Peace has jurisdiction over such cases. The competent court is the one in the jurisdiction where the leased property is located. However, since this rule is not mandatory, if no objection is raised, the court where the lawsuit is filed may proceed with the case.

Another essential condition is that the necessity must be genuine, sincere, and compulsory at the time the lawsuit is filed. The necessity can be proven with any type of evidence. However, the necessity must also continue throughout the entire trial process.

If the court rules in favor of eviction and the tenant is removed from the property, a re-rental prohibition will apply if the new owner leases the property to someone else within three years in contradiction to their necessity claim. In such cases, the evicted tenant may demand compensation at least equal to the last annual rent they paid, unless they were first offered the opportunity to rent the property again. However, this right to compensation is only available to tenants who were forcibly evicted through litigation. Tenants who evict voluntarily in response to a notice, without waiting for a court ruling, cannot claim compensation.

In eviction cases based on necessity, deadlines, notifications, and means of proof are of paramount importance. To protect your rights effectively, we strongly recommend that both plaintiffs and defendants consult specialized attorneys throughout the process.