As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and professional legal support to our clients in eviction lawsuits due to need, which are among the most frequently encountered disputes within the scope of lease law. The landlord’s request for the eviction of the tenant due to the housing or workplace need of themselves, their spouse, descendants, ascendants, or persons they are legally obliged to support is explicitly regulated under the Turkish Code of Obligations.

Eviction due to need is a special eviction method that the landlord may pursue if there is a real, sincere, and mandatory need for the immovable property. However, this type of lawsuit does not grant an automatic right in favor of the landlord. The court examines in detail whether the need is real, continuous, and sincere. Lawsuits filed solely for the purpose of increasing the rent or evicting the tenant are rejected.

In practice, eviction lawsuits due to need are based on reasons such as the landlord not having another residence, the existing residence being insufficient to meet the need, workplace inadequacy, or the obligation to relocate due to health, family, or economic reasons. In these lawsuits, the burden of proof lies with the landlord, and the need must be proven with concrete evidence.

During the lawsuit process, the court evaluates together the nature of the immovable property, the landlord’s current living conditions, family situation, and the continuity of the need. If the lawsuit is accepted, a decision for the eviction of the tenant is rendered. However, if the landlord leases the immovable property to third parties after the eviction, the tenant may gain the right to compensation. For this reason, eviction lawsuits due to need are processes that must be conducted carefully and professionally. As Uzunpınar & Tüfek International Law Firm, we protect our clients’ rights in the most effective manner in these lawsuits.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is an eviction lawsuit due to need?
   
   An eviction lawsuit due to need is a type of lawsuit in which the landlord requests the removal of the tenant from the immovable property due to the housing or workplace need of themselves, their spouse, children, parents, or persons they are legally obliged to support. This lawsuit is regulated under Article 350 of the Turkish Code of Obligations and is subject to the condition that the landlord’s need is real and sincere. The court examines in detail whether the need is not temporary but continuous.
   
   
2. Under what conditions can an eviction lawsuit due to need be filed?
   
   In order to file this lawsuit, the landlord must have a mandatory and real need for the immovable property. The absence of another suitable residence or the insufficiency of the existing residence are important criteria. In addition, the need must be a concrete and imminent necessity, not an uncertain plan for the future. Otherwise, the lawsuit may be rejected.
   
   
3. Who can file an eviction lawsuit due to need?
   
   Only the landlord may file the lawsuit. However, the need is not limited to the landlord personally. The housing or workplace need of the landlord’s spouse, children, parents, or persons they are legally obliged to support may also constitute grounds for the lawsuit. These needs must also be found sincere and mandatory by the court.
   
   
4. When should an eviction lawsuit due to need be filed?
   
   If the lease agreement is for a fixed term, the lawsuit must be filed within one month from the end of the term. In indefinite-term lease agreements, the lawsuit must be filed by complying with the termination periods and notice periods. Failure to comply with these periods may result in procedural dismissal of the lawsuit. Therefore, correct calculation of the time limits is of great importance.
   
   
5. How is proof established in an eviction lawsuit due to need?
   
   In these lawsuits, the burden of proof lies with the landlord. The landlord may prove the need through witness statements, population registry records, medical reports, workplace documents, and records showing the current housing situation. The court determines the reality and sincerity of the need by evaluating all evidence together. Abstract allegations alone are not sufficient.
   
   
6. What happens if the court determines that the need is not sincere?
   
   If the court concludes that the need is not sincere or that the landlord’s main purpose is to evict the tenant in order to lease the property at a higher rent, the lawsuit is rejected. In addition, lawsuits filed in bad faith may lead to compensation claims against the landlord in the future.
   
   
7. Can the immovable property be leased to someone else after eviction?
   
   After an eviction decision due to need is obtained, the landlord may not lease the immovable property to third parties without a justified reason for at least three years. Otherwise, the former tenant may claim compensation in an amount of at least one year’s rent. This regulation is an important safeguard aimed at protecting the tenant.
   
   
8. How long does an eviction lawsuit due to need take?
   
   In practice, these lawsuits are generally concluded within 1 to 2 years. The duration may vary depending on the court’s workload, the collection of evidence, and the number of witnesses. Conducting the process professionally ensures that unnecessary delays are avoided.
   
   
9. Is mediation mandatory in eviction lawsuits due to need?
   
   Under the current legislation, applying to mediation is mandatory before filing a lawsuit in rental disputes. Lawsuits filed without completing the mediation process are procedurally dismissed. Therefore, the mediation process must be completed before filing an eviction lawsuit due to need.
   
   
10. Why is it important to pursue an eviction lawsuit due to need with a lawyer?
    
    Eviction lawsuits due to need are lawsuits that are difficult to prove and strictly subject to formal requirements. Missing deadlines, submitting insufficient evidence, or using incorrect legal grounds may lead to the rejection of the lawsuit. Therefore, conducting the process with an experienced lease law attorney is of great importance to prevent loss of rights. Uzunpınar & Tüfek International Law Firm provides strong, strategic, and result-oriented legal representation to its clients in these lawsuits.