Eviction Lawsuit Due to Necessity

In a residential or commercial rental agreement, the termination of the lease by the landlord and the eviction of the tenant is only possible under limited circumstances explicitly stipulated by law. The mere expiration of the one-year term specified in the lease agreement is not sufficient grounds for eviction by the landlord. Thus, tenants cannot be evicted except under the conditions listed in the law. An eviction lawsuit based on necessity is one of the limited grounds for eviction under the Turkish Code of Obligations No. 6098 (“TCO”).

According to Article 350 of the TCO, a rental agreement may be terminated, and the tenant evicted if the landlord, their spouse, descendants, ascendants, or other persons they are legally obliged to support, require the residence or workplace for their own use. Under this provision, for eviction based on necessity to be granted, the necessity must be proven to be genuine, sincere, and unavoidable. Temporary or non-permanent needs cannot constitute grounds for eviction, nor can future needs or those dependent on a long-term occurrence. The necessity must exist at the time the lawsuit is filed and must continue throughout the litigation process.

Established Court of Cassation Precedents on Genuine and Sincere Necessity

Certain situations in which the landlord’s necessity is deemed genuine and sincere include:

• The landlord currently resides in a rented property and wishes to move into their own property,
• The current residence of the landlord is inadequate for their housing needs,
• The landlord’s lifestyle requires a specific living arrangement,
• The landlord or their spouse’s wish to live separately is accepted,
• The landlord’s civil service obligations,
• Educational needs of the landlord’s children,
• The need for adult children of the landlord to live independently,
• The landlord’s children’s requirements for marital housing,
• Reconstruction or renovation of the rental property.

When Can the Lawsuit Be Filed?
An eviction lawsuit based on necessity must be filed within one month from the end date of the fixed-term rental agreement. The termination date of the agreement is determined according to the provisions agreed upon by the parties. The timeframe for filing the lawsuit is a matter of public order and must be considered by the court even if the defendant does not raise it.

Is Sending a Notice Mandatory?
In fixed-term rental agreements, there is no obligation to send a notice to the tenant before filing an eviction lawsuit based on necessity. Therefore, the lawsuit can be filed directly within one month after the termination of the lease term without prior notice. However, while sending a notice is not mandatory, it can extend the period for filing the lawsuit. If the landlord sends a notice to the tenant within one month of the lease’s expiration, stating that an eviction lawsuit will be filed due to necessity, the filing period is extended by one rental year.

Who Can File the Lawsuit?
As a general rule, the eviction lawsuit based on necessity is filed by the landlord. If the leased property is subject to joint ownership, the lawsuit must be filed by the majority of the co-owners. Established Court of Cassation precedents allow the property owner or the usufructuary, even if they are not a party to the rental agreement, to file an eviction lawsuit based on necessity. A new owner who acquires the leased property also has the right to file such a lawsuit.

Therefore, an eviction lawsuit based on necessity can be filed by:

• The landlord,
• The new owner,
• A property owner not party to the rental agreement,
• A usufructuary not party to the rental agreement.

Which Court and Where Should the Lawsuit Be Filed?
An eviction lawsuit based on necessity must be filed in the civil court where the leased property is located.

Is Mediation Mandatory Before Filing the Lawsuit?
According to Article 18/B, added to the Law on Mediation in Civil Disputes No. 6325 and published in the Official Gazette on March 28, 2023 (effective as of September 1, 2023), disputes arising from rental relationships, excluding eviction through summary execution, are subject to mandatory mediation. Therefore, since September 1, 2023, landlords must apply for mediation before filing an eviction lawsuit based on necessity.

Conclusion and Evaluation
The landlord must prove that their necessity is genuine, sincere, and unavoidable in the eviction lawsuit they file. The lawsuit must be filed within one month from the end of the lease term in fixed-term agreements. Failure to adhere to this deadline may result in the case being dismissed on procedural grounds. Once the landlord successfully evicts the tenant based on necessity, they cannot lease the property to another tenant for three years without a legitimate reason. The court must be convinced of the genuineness, sincerity, and necessity of the landlord’s claim; otherwise, the lawsuit will be dismissed.