In immovable properties used as residences and roofed workplaces, the lessor cannot request the tenant to vacate the property before the expiration of the contract period in fixed-term leases and before the completion of ten years from the commencement of the lease in indefinite-term contracts.

Unless these periods have elapsed, the lessor cannot demand eviction for any reason. However, if the conditions exist, the lease relationship can be terminated through litigation due to the need of the lessor or the owner. This article examines the eviction of the leased property due to necessity under Article 350 of the Turkish Code of Obligations (“TCO”).

1. Regarding the Person in Need

First, it should be noted that the "lessor" party in the lease agreement, regardless of whether they are the owner of the property, may request the eviction of the tenant for their own residential or business needs, as well as for the needs of their spouse, descendants, ascendants, or other persons they are legally obliged to support.

In addition to the lessor, it is accepted that owners who do not hold the lessor status can also file this lawsuit due to their own needs or the needs of the persons specified in the law. However, in cases of co-ownership, the majority of shares and co-owners must participate in the lawsuit, while in joint ownership, all co-owners must join the lawsuit.

The lessor and non-lessor owner(s) may request eviction for their own residential or business needs, as well as for the needs of their spouse, descendants, ascendants, and other persons they are legally obliged to support, as stated in the law. Notably, since the necessity is limited to direct descendants and ascendants, it is understood that such a necessity claim cannot be made for "second-degree relatives" or "in-laws." Although siblings are not explicitly listed in the relevant provision, if they are legally considered dependent, an eviction claim can also be made for their need.

The phrase "other persons whom they are legally obliged to support" mentioned in the relevant provision of the law creates ambiguity, as the text does not clarify who these persons are. In doctrine, this issue is broadly interpreted, and it is evaluated that the individuals listed in Article 364 of the Turkish Civil Code and Article 3/f.10 of Law No. 5510 on Social Insurance and General Health Insurance are included. Furthermore, in addition to the owner and the lessor, persons holding usufructuary rights over the relevant property are also accepted to have the right to file this lawsuit based on legal doctrine and judicial precedents.

Another significant procedural aspect is that the necessity must be asserted by a natural person for themselves or other individuals specified in the law. In other words, a natural person cannot request eviction for the needs of a legal entity they are affiliated with or hold shares in. Similarly, a legal entity cannot assert necessity for an individual, whether an owner, employee, or any affiliated person.

2. Regarding the Type of Property

The necessity justifying the eviction of the leased property may arise as a need for residence or a roofed workplace, provided that it aligns with the intended use of the property. For instance, an apartment used as a residence by the tenant may also be used as a law office for the needs of the lessor, allowing eviction based on workplace necessity.

Whether legal entities can have a residential necessity is a matter of debate. However, since a person (such as a shareholder or employee) must be the one residing in the residence, it is generally accepted that legal entities cannot claim a residential necessity. Nonetheless, there are court rulings in the opposite direction, indicating that each case must be evaluated based on its own circumstances.

3. Notification and Litigation Periods for Necessity Claims

The law stipulates different time limits for asserting an eviction claim and initiating a lawsuit, depending on whether the lease contract is for a fixed or indefinite term. In fixed-term lease contracts, there is no requirement for a notice of termination. It is sufficient to file the lawsuit within one month from the expiration of the lease term (commonly referred to as the lease renewal date).

In indefinite-term lease contracts, the situation differs. Here, the lease agreement must be terminated by complying with the regular termination procedure, and the necessity-based termination must be notified to the tenant. The eviction lawsuit must then be filed within one month from the end of the termination period. Accordingly, in indefinite-term lease contracts, the lessor can terminate the lease by giving a three-month notice before the end of a six-month rental period, and the eviction lawsuit can be filed at the end of that six-month period. For instance, in an indefinite-term lease contract that started on May 1, 2023, the six-month periods would end on October 31, 2023, and April 30, 2024. To ensure compliance with the one-month litigation period, the lessor must notify the tenant before July 31, 2023, or January 31, 2024. Consequently, the eviction lawsuit can be filed within one month from October 31, 2023, or April 30, 2024, depending on when the notification was made.

Additionally, in both scenarios, Article 353 of the TCO applies. If a written notification is sent to the tenant within the litigation period, the period for filing a lawsuit is extended by one rental year.

4. Reasons for Necessity

The law does not specify the reasons required for filing an eviction lawsuit based on necessity. Such necessity claims may vary in each case, and whether the necessity is sufficient for eviction is determined by the court based on the specific circumstances. The commonly accepted necessity reasons include:

• The lessor being a tenant elsewhere
• The lessor living with another person
• The lessor's health condition requiring relocation to the leased property
• The leased property being more physically, economically, or locationally suitable
• The lessor's need for storage space
• The lessor's need for the property upon returning from abroad
• The lessor's business needs
• The lessor's need for a summer residence

The presence of these necessity reasons does not automatically guarantee the acceptance of the eviction lawsuit. Compliance with all other legal conditions is also assessed. Additionally, any person legally eligible to request eviction may rely on these necessity grounds. There are also numerous other necessity reasons that are not listed but are still considered valid for eviction.

5. Other Considerations

For an eviction lawsuit to be accepted, it must be filed in the competent and authorized court. The competent court for such cases is the Civil Court of Peace. The authorized court is the court located in the jurisdiction of the leased property. Since this rule of jurisdiction is not mandatory, if no objection is raised, the court where the case is filed may deem itself authorized and proceed with the case.

Another requirement is that the necessity must have already arisen before filing the lawsuit or must be definitively expected to arise in the future, and it must be genuine, sincere, and compulsory. The necessity can be proven by any means of evidence. However, the necessity must persist throughout the trial. If the property is sold or the necessity ceases during the proceedings, the lawsuit may be dismissed.

If the court orders eviction, and the tenant is forcibly removed based on necessity, the leased property cannot be rented to another person within three years. If it is rented, the former tenant may claim compensation equal to at least the last annual rent they paid. However, this claim is only valid if the tenant was evicted through court enforcement; tenants who vacate voluntarily upon notice cannot claim compensation.

Given the critical importance of deadlines, notifications, and evidence in necessity-based eviction lawsuits, we strongly recommend consulting specialized attorneys to ensure the protection of your rights throughout the legal process.