The Relationship Between the Owner and the Tenant | Real Estate Lawyers In Turkey

Real Estate Lawyers In Turkey | The owner servitudes his moveable or immovable thing in favour of the tenant. According to this, the owner waives their rights of using the property for a time as rental agreement is in effect. So the tenant gets the right to “use and benefit” the property they rented.

Because the topic of the text is the contracts made about houses and apartmens we will only mention about this. The owner waives their rights of using their property. This gives the renter the right of habitation. This is the legal base the tentant lives in the house they rented.

Dispossessing the Tenant

First of all, we should state that the articles by the Turkish law generally makes us decide for the favour the the tenant. In Turkey, tenants are more protected by law than the owners. That’s why the tenants usually have the advantage. The reason might be tenants’ being a large majority in Turkey. Additionally, we know that in other states of law, the tenants have the advantage as well.

In the contemporary law, owners have less chance to win cases than they used to.  Legally, for the owner to disposess the tenant, verbally talking to the tenant and making them leave the home is no longer valid legally. The owner must have the VALID REASONS stated in the Law of Obligations article 299 and the articles following it.

• If the owner or someone in his family needs the property that is mentioned
• If the immovable property needs to be reconstructed, ameliorated or renovated
• If the tenant has made a eviction notice (The tenant should have made a notice that they will leave the property without any condiitons. This notice should be codified.)
• If the owner learns that the tenant has another property that is able to stay (In this case the owner can demand the tenant to leave the property with bonefide)

If there is at least one of those rightful reason, the owner can make the tenant leave the house BEFORE THE CONTACT ENDS. But this cannot be made directly. In the first stage, the owner should istigate a warning in the notary.

This warning is a declaration that he house should be left in the official form. Also, this warning states that the owner makes the tenant leave the house for a rightful reason. If the tenant won’t leave the house, it’s up to the local authorized court. The owner demands the tenant to leave the house by using a copy of the official warning.

This is called eviction case. If the court orders a verdict against the tenant, the final process begins. This is also called “Posession Order”. If the tenant stil lrefuses to leave the house in a time the court has stated, this time with a compulsory execution, the tenant gets forced out of the house.

If the tenant is evicted without the reasons and processes stated, they must report to the police and the court and have a verdict that the owner should act according to the law. It should not be forbidden that law protects everyone.

Process of Dispossessing a Tenant Out of His/Her Tenement. For further information please contact us. | Real Estate Lawyers In Turkey