The landlord can evict the tenant in some cases with the reason of 'I will live in it myself.' In Turkey, rental law is regulated by the Turkish Civil Code and the Law on Real Estate Rentals. According to these regulations, certain conditions must be met for the landlord to evict the tenant.
Can the landlord evict the tenant to move into their own house? If the landlord wishes to evict the tenant for reasons such as 'I will live there myself' or 'a family member will live there,' the landlord must inform the tenant in writing at least 3 months before the end of the lease agreement. Additionally, the landlord may need to apply to the court and provide a valid reason for this request. The landlord is expected to prove that they genuinely intend to move and that this need is sincere.
When a court order is required to evict the tenant, the court evaluates the validity of the landlord's claim and makes a decision based on it. If the court finds the landlord's claim justified, the tenant will need to move within a certain period of time.
However, in any case, it may not be possible to evict the tenant immediately just because the landlord says 'I will live there myself.' There are legal rights in place to protect the tenant, and these rights should not be violated. Therefore, in such a situation, it is important for both the tenant and the landlord to be well aware of their rights and to seek legal assistance when necessary.
How long can a tenant be evicted just because the landlord wants to move in?
The period within which the landlord can evict the tenant for reasons such as 'I will live there myself' depends on the Turkish Code of Obligations and other relevant legal regulations. In general, the process of evicting a tenant by the landlord and the rules to be followed during this process can be summarized as follows:
- Notification Period: In indefinite-term lease agreements, the landlord must inform the tenant in writing of their intention to move at least 3 months before the end of the lease agreement. If this notification is not made before the end of the lease period, the landlord may have to wait for the next lease period. In fixed-term lease agreements, without the need for a warning, the mediation process must be initiated within 1 month of the end of the agreement. 2. Court Decision: If the tenant does not accept the landlord's request and does not move, the landlord must apply to the court to evict the tenant. In this case, the landlord must provide valid and justifiable reasons to the court that they or a family member really need to occupy the property. 3. Court Process: The duration of the court process can vary depending on the workload of the court handling the case and the complexity of the lawsuit. This process can last from several months to a year. 4. Moving Period: If the court rules in favor of the landlord, the tenant is usually given a reasonable period to move. This period generally ranges from 1 to 3 months from the date the decision is served.
Therefore, the time required for the landlord to evict the tenant by stating 'I will live in it myself', depends on the legal notice period, the length of the court process, and the moving period recognized by the court. This process can vary from a few months to a year from start to finish. Since the process may vary depending on the specifics of each case, it is important to seek legal advice in such a situation.
What Happens If the Homeowner Rents Out Saying I Will Live There Myself?
If the landlord rents out the house to someone else after evicting the tenant by saying 'I will live there myself,' this situation constitutes a violation of the tenant's rights. The Turkish Code of Obligations and related legislation contain provisions aimed at protecting tenants. In such a case, the landlord's actions may be considered unlawful, and the tenant may have certain rights.
- Compensation Right: If the tenant finds out that they have been evicted by the landlord under the pretext of 'I will move in myself,' but later learns that the house has been rented out to someone else, they can claim compensation for unjust eviction. This compensation may cover moving expenses, difficulties encountered in finding a new residence, and potential damages such as higher rent paid in the new residence. 2. Right to File a Lawsuit: The tenant can resort to legal actions against the landlord. This means filing a lawsuit claiming that the landlord's action was an unjust eviction and that the tenant suffered material and moral damages. 3. Landlord's Obligations: If the landlord, without a legal obligation, decides to evict the tenant under the pretext of 'I will move in myself' and in reality does not implement this decision but rents out the house to someone else, they can be held responsible according to the laws.
These types of situations are usually evaluated and resolved in courts. To protect the tenant's rights, it is important to consult with a lawyer with detailed information and documents related to what happened in such a situation (such as the lease agreement, eviction notice, evidence of a new lease agreement, etc.). The legal process can vary depending on the specifics of the case and the available evidence.
Can the landlord evict the tenant if the landlord has another house?
The fact that the landlord has another house does not directly affect whether the tenant can be evicted on the grounds of 'I or my family will live there.' According to the Turkish Code of Obligations and relevant legislation, the landlord's request to evict the tenant is generally not based on the absence of another residence for the landlord or family members to live in; rather, it is based on the landlord's need for the use of the property in question.
The situation of the host having other houses can be important from the following perspectives:
- Court Evaluation: If the eviction process is taken to court, the landlord's other properties and the usage status of these properties may be part of the court's evaluations. For example, if the landlord has another house to live in and it is available, the court may conduct a more thorough evaluation regarding the justification of the landlord's request to evict the tenant. 2. Just Cause: The just cause that the landlord will present to the court to evict the tenant usually means that the landlord's or their family's need to live in that property must be concrete and convincing. The existence and condition of other houses owned by the landlord can be influential in the evaluation of the just cause. 3. Legal Notice: If the landlord wants to evict the tenant with the reason of 'myself or my family will occupy the property,' they still must provide a written notice to the tenant at least 3 months before the end of the lease agreement.