Eviction of the Tenant Due to Residential Need

Introduction

Residential leases are among the most common types of lease agreements in social life. While the right to housing is recognized as a fundamental human right, the landlord’s right to property must likewise be legally protected. To balance these two rights, the Turkish Code of Obligations allows the landlord to seek eviction of the leased premises on the grounds of his or her own residential need, or that of close relatives expressly listed in the law. This regulation places a limitation on the continuity of the lease relationship, with particular emphasis on the genuineness and necessity of the asserted need.

Eviction based on residential need is one of the most frequently encountered disputes in lease law. Where the landlord or his relatives genuinely require the dwelling, the landlord may request eviction even if the tenant has committed no breach of contract. This feature distinguishes eviction due to residential need from other termination grounds under lease law.

Eviction Based on Residential Need in Lease Law

Eviction due to residential need constitutes a specific ground for termination under the Turkish Code of Obligations. The tenant’s fault is not sought; what matters is that the landlord or the relatives specified by law require the dwelling. The claim of need is not merely a procedural ground for bringing an action but also reflects the delicate balance the law seeks to establish between landlord and tenant.

The ability to file an eviction action on the grounds of residential need depends on whether the lease agreement is for a definite or indefinite term. In definite-term leases, eviction may be sought upon expiry of the term. In indefinite-term leases, statutory termination notice periods apply. Where a local custom determines the lease period, eviction may be sought at the end of that period; in the absence of such custom, eviction may be sought at the end of a six-month rental period, subject to three months’ prior notice. Thus, the right to bring an eviction claim is not absolute but strictly subject to statutory time limits.

The Concept of “Residence” and the Nature of the Need

The concept of “residence” is not limited solely to houses or apartments used for permanent habitation. Any premises that fulfill a person’s housing needs, support daily living activities, and serve as a private sphere are considered a residence. This may include homes, summer houses, cabins, or even temporary but continuous living spaces. The legislator focuses not on the physical characteristics of the dwelling but on whether it satisfies the need for housing.

The genuineness and necessity of the asserted need are decisive in such cases. Eviction cannot be based on temporary, future, or uncertain needs. The existence of alternative suitable dwellings owned by the landlord, or an attempt to sell the disputed property, may indicate a lack of genuine need. Conversely, reasons such as reassignment of workplace, health conditions, marriage preparations, or children’s educational requirements are generally accepted as genuine and necessary needs. Moreover, the need must not only exist at the time of filing but must also continue throughout the proceedings and until the judgment becomes final.

Persons Whose Residential Need Justifies Eviction

The law limits the category of persons whose residential needs may justify eviction, in order to protect tenants. These include:

The landlord: The landlord’s own housing need constitutes valid grounds.

The spouse: Only legally recognized marriages are considered; religious or informal unions are excluded.

Descendants: Children, grandchildren, and adopted children are included. Adoption establishes the same rights as biological descent.

Ascendants: Parents and grandparents fall within this category.

Dependents: Persons for whom the landlord is legally responsible under the Turkish Civil Code, such as siblings, may also qualify. However, in-laws or nieces/nephews do not fall within this category.

The housing needs of relatives beyond those expressly listed in the law do not constitute valid grounds for eviction based on residential need.

The Requirement of Genuineness, Reality, and Necessity

For an eviction claim to succeed, the landlord’s asserted need must be assessed against objective criteria. The genuineness of the need must be supported not only by declaration but also by factual circumstances. The court considers the landlord’s social, economic, and personal situation in its assessment.

Examples of valid circumstances include inadequate housing conditions, compulsory relocation due to employment, or children’s marriage and education needs. In contrast, the existence of other vacant and more suitable residences owned by the landlord may indicate lack of genuine need.

The need must exist at the time of filing and continue throughout the proceedings. Temporary or speculative future needs do not justify eviction.

Procedural Requirements and Time Limits

In definite-term leases, eviction actions may only be filed at the end of the contractual term, and the action must be brought within one month thereafter. In indefinite-term leases, actions may be filed by observing the relevant termination periods and notice requirements. If local custom defines the rental period, eviction may be sought at the end of that period; otherwise, it may be sought at the end of a six-month rental period, subject to three months’ prior notice. In both cases, the action must be brought within one month from the end of the relevant period.

Although serving a prior notice of eviction to the tenant is not a legal prerequisite, in practice it is often recommended for evidentiary purposes. Importantly, the landlord’s need must persist not only at the beginning but throughout the litigation until final judgment.

Re-letting Prohibition

To prevent bad-faith evictions and to protect tenants from unjust displacement, the legislator has imposed safeguards. Under Article 355 of the Turkish Code of Obligations, once the landlord has regained possession on grounds of need, the premises may not be re-let to anyone other than the former tenant for a period of three years, unless there is a justifiable reason.

If the landlord breaches this rule, the former tenant is entitled to claim compensation equal to at least one year’s rent as paid in the final rental year. This provision ensures both the landlord’s genuine need is respected and the tenant’s housing rights are protected, while deterring abusive practices.

Jurisdiction and Mediation

Eviction cases based on residential need fall within the jurisdiction of the Civil Court of Peace (Sulh Hukuk Mahkemesi). However, application to a mediator before filing suit is a procedural prerequisite under Turkish law.

Conclusion

Eviction due to residential need is a legal institution designed to balance the landlord’s property rights with the tenant’s right to housing. The genuineness, reality, and necessity of the asserted need; the limitation of eligible beneficiaries by law; and strict adherence to procedural and time requirements are of critical importance. The competent court is the Civil Court of Peace, and prior mediation constitutes a mandatory precondition to litigation.