Conditions for Eviction Due to Need

1. Existence of Need

In order to file an eviction lawsuit based on need, there must be a housing or workplace need for the landlord, the landlord’s spouse, descendants, ascendants, or persons whom the landlord is legally obliged to support.

As clearly stated in the case law of the Court of Cassation:

“In cases based on a claim of need, eviction may only be ordered if the need is real, sincere, and compulsory.”

This principle has been emphasized in the decisions of the General Assembly of Civil Chambers of the Court of Cassation (2017/394), the 3rd Civil Chamber (2019/2702), and several decisions of the Regional Courts of Appeal.

Real, Sincere, and Compulsory Need

Courts assess the genuineness and sincerity of the alleged need based on the circumstances of the specific case. Arbitrary, abstract, or bad-faith claims of need are not accepted.

Moreover, the need must exist not only at the time of filing the lawsuit but must also continue throughout the proceedings.

Examples include:

• the landlord’s need for a residence due to a child’s marriage,
• the landlord’s intention to open a workplace for personal use.

2. Evaluation of Temporary or Future Needs

The Court of Cassation does not consider temporary needs or speculative future needs that depend on uncertain events sufficient grounds for eviction.

This principle has been expressed in judicial decisions as follows:

“A temporary need lacking continuity cannot constitute grounds for eviction, nor can a need that has not yet arisen or whose realization depends on a long period of time.”

This approach has also been adopted in the decisions of the General Assembly of Civil Chambers (2017/394) and the 6th Civil Chamber (2013/8273).

3. Judicial Assessment of Sincerity

Whether the alleged need is sincere is assessed by courts based on various factual circumstances.

For example:

• The claim that the landlord needed the property for a son who had returned from military service and was preparing for marriage was considered sincere when supported by witness testimony (Court of Cassation, 6th Civil Chamber, 1991/258).
• Conversely, the landlord’s intention to engage in a second business activity while already operating another active business was not regarded as sufficient proof of a sincere need (Court of Cassation, 6th Civil Chamber, 2013/8273).
• The existence of other vacant properties suitable for the claimed need may also be interpreted against the sincerity of the need (Court of Cassation General Assembly, 2000/1733).

4. The Element of Necessity

The requirement that the need be compulsory means that the eviction request must not be arbitrary. However, this does not necessarily imply a situation of absolute necessity.

For example, the fact that the landlord currently resides in a rented property is generally considered strong evidence of housing need (Regional Court of Appeal, 2022/2356).

On the other hand, in large metropolitan areas where transportation facilities are well developed, the mere distance between the residence and workplace may not always be regarded as a compulsory need. This assessment was made in the decision of the General Assembly of Civil Chambers (2003/533).

Types of Need

Residential Need

Residential need arises when the landlord or the relatives listed in the law require the property for accommodation purposes.

Workplace Need

Workplace need arises when the property is required for professional or commercial activities.

Suitability of the Property for the Claimed Need

In eviction cases based on need, the leased property must be suitable for satisfying the alleged need.

For example, if the landlord claims a need to open a business but the property is not suitable for commercial use, the court may refuse the eviction request.

Procedural Principles in Eviction Cases Based on Need

Time for Filing the Lawsuit

Fixed-Term Lease Agreements

In fixed-term lease agreements, an eviction lawsuit based on need may be filed within one month after the expiration of the lease term.

Indefinite-Term Lease Agreements

In indefinite-term leases, the termination periods and notice requirements must be observed.

In practice, lease agreements initially concluded for one year often become indefinite-term contracts once the term expires and the tenancy continues.

Accordingly:

• in indefinite-term leases, each six-month period constitutes a termination period
• the landlord must send written notice at least three months before the end of the six-month period
• if notice is given within the required period, the eviction lawsuit must be filed within one month following the end of the termination period.

Example Calculation

For a lease agreement that began on 30 March 2021 and became indefinite as of 30 March 2022:

• first six-month termination period: 29 September 2022
• second six-month termination period: 29 March 2023

If the landlord intends to file an eviction lawsuit for the 29 March 2023 termination period, written notice must be given no later than 29 December 2022.

If the notice is given within the required period, the time limit for filing the lawsuit continues until 29 April 2023.

An important point here is that the relevant date is the date on which the notice is received by the tenant, not the date on which it is sent through a notary or postal service.

Competent and Authorized Court

The Civil Court of Peace (Sulh Hukuk Mahkemesi) has jurisdiction over eviction cases based on need.

The competent court is generally the court located in the place where the leased property is situated.

Burden of Proof

The burden of proving that the need is real, sincere, and compulsory lies with the landlord.

Courts typically evaluate the following evidence:

• witness statements
• population registry records
• evidence relating to marriage preparations
• business plans and preparations for commercial activities
• the current use of the property and information regarding other properties owned by the landlord

Prohibition of Re-letting After Eviction

If a property is vacated due to the landlord’s need, the landlord may not lease the property to a third party other than the former tenant for three years, unless there is a justified reason.

This prohibition means that a residence or roofed workplace vacated due to the landlord’s need cannot be leased to another person within three years from the date of eviction, unless the landlord has a legitimate reason.

If the landlord violates this prohibition, the landlord must pay compensation to the former tenant in an amount not less than the rent paid during the last year of the lease.

However, the following situations do not constitute a violation of the prohibition:

• leaving the property vacant,
• allowing someone to use the property without charge.

Eviction Based on the Need of the New Owner (Article 351 TCO)

A person who subsequently acquires the leased property may also request eviction due to the need of:

• themselves,
• their spouse,
• their descendants or ascendants, or
• persons they are legally obliged to support.

However, the following conditions must be met:

• written notice must be given to the tenant within one month of acquiring the property,
• the eviction lawsuit must be filed six months after the notice,

or

• the lawsuit may be filed at the end of the lease term.

These provisions are regulated under Article 351 of the Turkish Code of Obligations.

Ownership of Multiple Properties

The existence of other properties owned by the landlord does not automatically eliminate the claim of need.

However, the court will assess whether the alleged need specifically relates to the leased property.

In particular, the existence of other vacant properties suitable for the need may negatively affect the assessment of sincerity.

Frequently Asked Questions

Under what conditions can an eviction lawsuit based on need be filed?

Such a lawsuit may be filed if the landlord or the relatives specified in the law have a real, sincere, and compulsory need for a residence or workplace.

Who bears the burden of proof?

The burden of proof lies with the landlord, who must demonstrate the existence of the need with appropriate evidence.

When must the lawsuit be filed in fixed-term leases?

The eviction lawsuit must be filed within one month after the expiration of the lease term.

Can the landlord re-rent the property after eviction?

As a rule, the landlord cannot rent the property to a third party for three years after eviction based on need, unless there is a justified reason.

Can a new owner file an eviction lawsuit based on need?

Yes. Under Article 351 of the TCO, the new owner may file such a lawsuit provided that the notification and time requirements are fulfilled.

Conclusion

In order to file an eviction lawsuit due to housing or workplace need, the need must be real, sincere, and compulsory, the lawsuit must be filed within the statutory time limits, the competent court must be the Civil Court of Peace, and the landlord must satisfy the burden of proof.

Furthermore, after eviction, the landlord generally cannot lease the property to another person for three years.

For this reason, eviction cases based on need require careful evaluation of factual circumstances and precise calculation of legal time limits, making them technically complex legal proceedings.

Legal Assistance in Eviction Cases Based on Need

Eviction proceedings based on need involve technical issues such as proving the existence of need, calculating notification periods, ensuring that the time limit for filing the lawsuit is not missed, and evaluating the legal consequences of the prohibition on re-letting.

Therefore, conducting the process with the assistance of a lawyer specialized in tenancy law is essential to prevent potential loss of rights.