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I. Introduction
An eviction lawsuit based on need is regulated under Articles 350 and 351 of the Turkish Code of Obligations No. 6098. Pursuant to Article 350 of the Turkish Code of Obligations, if the lessor is obliged to use the leased property as a residence or workplace for themselves, their spouse, descendants, ascendants, or other persons whom they are legally obliged to support, the lessor may terminate the lease agreement through a lawsuit. In fixed-term lease agreements, this lawsuit must be filed at the end of the lease term; in indefinite-term lease agreements, it must be filed within one month from the date determined in accordance with the termination period and notice periods.
The main issue in this type of lawsuit is whether the need asserted by the lessor is legally worthy of protection. Not every claim of need results in eviction. In judicial practice, the need must be “genuine, sincere, and necessary”; temporary, hypothetical, uncertain future needs or claims aimed at increasing the rent are not accepted as grounds for eviction.
II. Legal Basis of an Eviction Lawsuit Based on Need
The primary legal basis of an eviction lawsuit based on need is Article 350 of the Turkish Code of Obligations. This provision regulates the termination of a lease agreement through a lawsuit due to reasons arising from the lessor. Under Article 350, a claim of need may only be asserted in respect of certain persons. These persons are the lessor themselves, their spouse, descendants, ascendants, and other persons whom they are legally obliged to support. This list is limited in nature. Therefore, as a rule, the need of persons who are not expressly listed in the law, such as the lessor’s sibling, nephew/niece, friend, or business partner, cannot constitute a ground for eviction under Article 350.
With respect to a new owner who subsequently acquires the leased property, Article 351 of the Turkish Code of Obligations introduces a special regulation. Accordingly, if the new owner is obliged to use the leased property as a residence or workplace for themselves or the relatives listed in the law, they may terminate the lease agreement by filing a lawsuit six months later, provided that they notify the tenant in writing within one month from the date of acquisition. The new owner may also exercise this right by filing a lawsuit within one month from the end of the lease term.
III. Conditions Required for Filing the Lawsuit
- The Leased Property Must Be a Residence or Roofed Workplace
An eviction lawsuit based on need is assessed within the scope of the provisions of the Turkish Code of Obligations concerning residential and roofed workplace leases. Therefore, the leased property must have the nature of a residence or a roofed workplace. The special protection regime under Article 350 may not directly apply to open areas, land, parking lots, areas whose nature as a warehouse is disputed, or places that are not considered roofed workplaces. In each concrete case, the intended use of the leased property, the characterization in the lease agreement, and the actual manner of use must be evaluated together.
In residential leases, the need generally arises from the lessor’s or their relatives’ need for accommodation. For example, the lessor living in rented premises, getting married, getting divorced, the lessor’s children moving to a separate residence, or the need for the leased property due to health or working conditions may be asserted within this scope. In roofed workplace leases, the need may arise from the obligation of the lessor or the persons listed in the law to carry out their commercial, professional, or economic activities in the leased property.
- The Need Must Belong to the Persons Listed in the Law
Article 350 of the Turkish Code of Obligations clearly regulates for whom a claim of need may be asserted. Accordingly, the need must belong to the lessor themselves, their spouse, descendants, ascendants, or other persons whom they are legally obliged to support.
In this context, descendants refer to children, grandchildren, and subsequent generations. Ascendants include the mother, father, grandmother, and grandfather. Persons whom the lessor is legally obliged to support are determined according to the circumstances of the concrete case and family law provisions. By contrast, a claim of need concerning the lessor’s sibling, cousin, fiancé/fiancée, friend, or business partner does not constitute a ground for eviction under Article 350 unless such person falls within the groups listed in the law.
The concept of need is also assessed differently for legal entities acting as lessors. A legal entity may be obliged to use the leased property in order to carry out its own activities. For instance, if a company needs the leased property as its headquarters, branch, warehouse, or place of business activity, a workplace need may arise. However, in such a case, the need must not merely consist of an abstract and general desire for expansion; it must be concrete, serious, and provable.
- The Need Must Be Genuine, Sincere, and Necessary
The most important condition in eviction lawsuits based on need is that the need must be genuine, sincere, and necessary. Although these concepts are not expressly stated in the wording of the law, the practice of the Court of Cassation and established case law require these criteria. Accordingly, the claim of need must not be asserted merely formally; the lessor must genuinely be under an obligation to use the leased property.
A genuine need is a need that actually exists or will arise in a near and unavoidable manner. A sincere need means that the eviction lawsuit is not actually aimed at another purpose, such as increasing the rent, punishing the tenant, or leasing the property to a third party at a higher price. A necessary need means that the use of the leased property by the lessor or the relevant person has become objectively required.
Temporary, speculative, or uncertain future needs are not accepted as grounds for eviction. For example, an abstract claim such as “my child may need this house if they get married in the future” is not sufficient on its own. By contrast, circumstances such as the concretization of a child’s marriage preparations, the existing residence becoming insufficient, the lessor living in rented premises, the need to move to a specific location due to health problems, or the imminent commencement of workplace activities may support the genuineness of the need.
Furthermore, it is not sufficient for the need to exist only on the date the lawsuit is filed; it must continue throughout the proceedings. If the need ceases to exist after the lawsuit is filed, the dismissal of the eviction claim may come into question.
- The Lawsuit Must Be Filed Within the Prescribed Period
Time limits are of significant importance in eviction lawsuits based on need, as they have the nature of limitation periods. Pursuant to Article 350 of the Turkish Code of Obligations, in fixed-term lease agreements, the lawsuit must be filed at the end of the lease term. The law provides that this lawsuit must be filed within one month from the end of the term. In indefinite-term lease agreements, the lawsuit must be filed within one month from the date determined in accordance with the termination period and notice periods under the general provisions.
If the lessor notifies the tenant in writing within the period for filing the lawsuit that they will file such a lawsuit, the period for filing the lawsuit is deemed to be extended for one lease year pursuant to Article 353 of the Turkish Code of Obligations. This regulation provides the lessor with a certain degree of flexibility in terms of time. However, in order to benefit from this possibility, the notification must be made no later than within the period for filing the lawsuit.
For the new owner, special time limits are prescribed under Article 351 of the Turkish Code of Obligations. The new owner must notify the tenant in writing within one month from the date of acquisition of the property and must file the lawsuit at the end of six months following such notification. Alternatively, the new owner may also file an eviction lawsuit based on need within one month from the expiry of the lease term.
- Completion of the Mandatory Mediation Process
As of 2023, applying to a mediator before filing a lawsuit has become a mandatory precondition for disputes arising from lease relationships. Accordingly, in eviction lawsuits based on need, the mediation process must also be completed before filing the lawsuit.
The point that requires attention here is that mediation must be evaluated together with the time limits for filing the eviction lawsuit. In practice, in order to avoid any loss of rights, the end date of the lease term, notice dates, mediation application date, final mediation minutes date, and lawsuit filing period must be carefully calculated.
IV. Burden of Proof and Evidence
In an eviction lawsuit based on need, the burden of proof generally lies with the claimant lessor. The lessor must demonstrate with concrete evidence that the need is genuine, sincere, and necessary.
In the case of residential need, evidence may include the lease agreement showing that the lessor is living in rented premises, civil registry records, medical reports, documents showing the location of the workplace or school, information regarding the insufficiency of the current residence, and documents relating to family circumstances such as divorce or marriage.
In the case of workplace need, trade registry records, tax certificates, activity certificates, professional licenses, documents showing the insufficiency of the existing workplace, documents relating to another workplace under threat of eviction, concrete documents concerning preparations to establish a new business, and, where necessary, on-site inspection and expert examination may be important.
When assessing the genuineness of the need, the court evaluates the social and economic circumstances of the parties, whether the lessor owns other properties, the current living or working conditions of the person whose need is asserted, whether the leased property is suitable for the alleged need, and the actual purpose of filing the lawsuit.
VI. Conclusion
An eviction lawsuit based on need in residential and roofed workplace leases is an important but exceptional method of termination granted to the lessor. This lawsuit may arise where the lessor or the relatives listed in the law are obliged to use the leased property. However, in order for an eviction decision to be rendered, the claim of need must be genuine, sincere, and necessary; it must be asserted in respect of the persons specified in the law; the legal time limits must be complied with; and the mandatory mediation process must be completed.
In practice, the outcome of these lawsuits largely depends on the circumstances of the concrete case and the strength of the evidence. It is not sufficient for the lessor merely to assert a claim of need; the lessor must support this need with objective and convincing evidence. On the other hand, the tenant may argue that the need is not sincere, that the lessor owns other suitable properties, or that the eviction claim is actually aimed at another purpose.
In conclusion, an eviction lawsuit based on need establishes a delicate balance between the lessor’s right of ownership and the tenant’s interests in housing and workplace stability. Therefore, before filing such a lawsuit, the applicable time limits, mandatory mediation requirement, evidentiary position, and post-eviction restrictions on reletting must be carefully evaluated.
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.
