The increase in housing sales in Turkey can create situations where a tenant resides in the purchased property, prompting the question of how to evict a tenant from a purchased home. In such cases, new property owners may seek the tenant's eviction from the purchased property either due to their personal needs or to obtain a higher rental income. In this article, we will examine the conditions and process of evicting a tenant from a purchased property and answer frequently asked questions, including how to evict a tenant from a purchased home.
Eviction of a Tenant from a Purchased Property
If the new owner does not wish to continue the existing lease agreement, they can evict the tenant who continues to reside under the previous lease. However, certain conditions must be met, and specific procedures must be followed. These conditions and procedures are outlined in Article 351 of the Turkish Code of Obligations. According to this article, a new owner who wishes to evict the tenant must send a notice to the tenant, and if the tenant does not vacate the property within six months, the new owner must file an eviction lawsuit.
Furthermore, the last paragraph of TCO Article 351 states that the simplified eviction procedure for necessity-based evictions can also be applied to evictions from newly purchased properties. Accordingly, the new owner is considered to have taken over the previous owner's lease agreement and may evict the tenant within one month after the lease term ends.
On the other hand, the standard procedure for eviction due to necessity can also answer the question of how to evict a tenant from a purchased home. If the new owner needs the property for themselves, their spouse, descendants, ascendants, or other persons they are legally obliged to support, they must send a notice of termination in accordance with the lease term and initiate an eviction lawsuit.
How to Evict a Tenant from a Purchased Home Due to the New Owner's Need
The eviction of a tenant from a purchased home due to the new owner's need is regulated under Article 351 of the Turkish Code of Obligations. As per the article, if the new owner intends to evict the tenant due to personal necessity, they must send a notice to the tenant within one month of the purchase date and provide a specified period for eviction. If the tenant does not vacate the property within six months, an eviction lawsuit can be filed.
According to TCO Article 351, a property owner who wishes to evict a tenant from a purchased property has two options:
- The owner must notify the tenant in writing of the eviction request within one month of acquiring the property. Following this, they must file an eviction lawsuit at least six months after acquiring the property.For example, if a person becomes the owner on October 20, 2025, they must send a notice of eviction to the tenant by November 20, 2025. After this notice, if the lease agreement between the tenant and the previous owner ends sooner, the new owner can file an eviction lawsuit at that time; otherwise, they must wait for six months before initiating legal proceedings.
- Under TCO Article 351(2), if the lease term expires within one month after the purchase, the new owner can directly file an eviction lawsuit without waiting for six months. However, the necessity for eviction must be genuine and legitimate.
Conditions for Eviction of a Tenant from a Purchased Property
For a new owner to evict a tenant, they must prove that they or their spouse, descendants (children, grandchildren), ascendants, or legally dependent persons need the property as a residence or workplace. Therefore, proving the necessity for personal use is a fundamental requirement for evicting a tenant from a newly purchased property.
The Court of Cassation carefully examines whether the necessity for use exists in such cases. Hence, proving the necessity is crucial. In terms of procedural law, the burden of proof lies with the new owner. In other words, the new owner must substantiate their claim of necessity.
The eviction of a tenant from a purchased property is finalized upon the actual delivery of the keys. If the tenant claims to have vacated the property but has not handed over the keys to the new owner, it is assumed that the leased premises are still in use. Therefore, after the eviction of the tenant from the purchased property, the delivery of the keys and the preparation of a key delivery protocol are of great importance.
To consider that the leased property has been vacated (i.e., that the tenant has fulfilled their obligation to return the property), it is not sufficient for the premises to be physically emptied. The keys must also be handed over to the landlord. If the landlord does not accept the eviction date claimed by the tenant—meaning there is a dispute between the parties regarding the eviction date—the burden of proving that the premises were physically vacated and the keys were handed over, thus terminating the lease relationship on the date claimed, rests with the tenant.
If the tenant cannot prove that they vacated the property on the date they claimed, the eviction date provided by the landlord should be taken into account. The delivery of the keys to the landlord is a material fact within the legal process, but since it results in the termination of the contract, its proof should be evaluated based on Articles 200 and 201 of the Code of Civil Procedure (HMK), considering the annual rental amount. If the annual rent exceeds the threshold for proof by written document, and the landlord does not give explicit consent, the tenant can only prove this matter with written evidence; witness testimony is not admissible.
If the landlord refuses to accept the keys, the tenant should request the court to appoint a deposit location and deliver the keys to the designated place, notifying the landlord accordingly. The tenant's obligation to return the leased premises is only fulfilled on the date they notify the landlord of this action; otherwise, their contractual obligations, including the payment of rent, continue. (Court of Cassation, 8th Civil Chamber, 2017/451 – 2017/1358)
How to Evict a Tenant from a Newly Purchased Property: Other Methods
The eviction of a tenant from a purchased property varies depending on whether the tenant owns another property, whether they pay rent on time, and other eviction conditions. For instance, if the tenant owns another property, eviction can be carried out under Article 352 of the Turkish Code of Obligations. If the tenant has their own residence, initiating the eviction process may be considered when the new owner or the individuals on whose needs the claim is based have multiple residences within the same area. To determine the best course of action, it is essential to consult a real estate attorney and thoroughly evaluate all available options. If the tenant does not own another property, eviction must be pursued based on other legal grounds.
For other eviction reasons: Evicting a Tenant from a Property
When Can a Tenant Be Evicted from a Purchased Property?
The new owner must send an eviction notice to the tenant within one month of acquiring the property and may file an eviction lawsuit at the earliest six months after the notice is served. Additionally, under Article 351/2 of the TCO, without requiring a notice period, the tenant can also be evicted by filing an eviction lawsuit within one month from the end of the lease term. If the lease term expires before six months, the eviction lawsuit can be filed at the end of that term.
As seen, the tenant can only be evicted under law if an eviction notice is sent within one month of acquiring the property, followed by an eviction lawsuit at least six months after the notice is served, or directly through an eviction lawsuit filed within one month of the lease term's expiration. In any case, an eviction lawsuit must be filed, whether the notice procedure is followed or the lease term expiration is awaited.
The Competent Court for Tenant Eviction Cases in a Purchased Property
An eviction lawsuit due to the new owner's necessity is a case specific to lease law. Therefore, the competent court is the Civil Court of Peace. Additionally, under Article 18/B of the Law on Mediation in Civil Disputes, as of September 1, 2023, mediation has become a mandatory precondition for filing lawsuits arising from lease disputes. As a result, before filing an eviction lawsuit in the Civil Court of Peace, the landlord must first apply to a mediator. Otherwise, the court will dismiss the case on procedural grounds. The competent court is the court located in the jurisdiction where the property is situated and the court of the tenant's residence at the time of the lawsuit.
Restriction on Re-Leasing After Eviction Due to Necessity
Under Article 355/1 of the TCO, if the new owner evicts a tenant based on necessity, they cannot lease the property to another person for three years without a valid reason. Otherwise, according to the third paragraph of the same article, the owner must compensate the former tenant with an amount not less than the annual rent paid in the last rental year.
Frequently Asked Questions
How can a tenant be evicted from a newly purchased property?
If the requirement to use the property exists, the new owner must send an eviction notice within one month of acquiring the property and file an eviction lawsuit at least six months after the notice is served. If the lease expires earlier, the new owner can directly file an eviction lawsuit within one month after the lease ends.
What happens if a tenant is in a purchased property?
When a property is purchased, the new owner becomes a party to the lease agreement. Therefore, the tenant's right to reside in the property continues. If the new owner needs the property, the eviction must be carried out through a lawsuit. Consulting an attorney can expedite the process.
What happens if the landlord leases the property to another person after eviction?
If the landlord rents out the property without a valid reason, they may be liable to pay compensation to the former tenant under Article 355/3 of the TCO.
How to evict a tenant if there is no written lease agreement?
Lease agreements can be made verbally or in writing. If there is no written lease, the new owner can send a notice to the tenant, requesting that rent payments be made to them and that the property be vacated within six months. If the tenant does not vacate within this period, an eviction lawsuit can be filed.
Conclusion
This article has examined the methods a landlord can use to evict a tenant from a purchased property and the tenant's rights. The law aims to prevent the abuse of the new owner's right to eviction by requiring the landlord to follow specific procedures. The most critical of these restrictions are time limitations. A new owner wishing to evict a tenant must send a notice within one month of acquiring the property and request the tenant to vacate the premises. If the lease term has not expired, a six-month period must be given. If the lease term expires earlier, the eviction process can be initiated within one month after the expiration date. Due to the necessity of following a specific procedure and timeline, as well as the requirement to file an eviction lawsuit, the new owner should seek legal assistance in Turkey to ensure the eviction is carried out swiftly and correctly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
