As Uzunpınar & Tüfek International Law Firm, we provide comprehensive and effective legal consultancy to our clients in Permission to Show the Leased Property Lawsuit processes, which are frequently encountered in practice within the scope of rental law, eviction lawsuits, and landlord–tenant disputes. When the landlord wishes to sell or re-lease the immovable property, it often becomes necessary to show the leased property to third parties. However, in practice, tenants’ refusal to allow such showings leads to serious legal disputes between the parties.

The permission to show the leased property lawsuit is a special type of action aimed at maintaining the balance between the landlord’s right of ownership and the tenant’s right of use. Pursuant to Articles 319 and 320 of the Turkish Code of Obligations, the tenant is obliged to tolerate the showing of the immovable property by the landlord at reasonable times for the purpose of sale or re-leasing. Despite this, if the tenant prevents the showing of the property without a justified reason, the landlord may request the court to grant permission for the leased property to be shown.

This lawsuit is of great importance, especially in terms of showing apartments for sale, finding new tenants, transfer of commercial properties, and investment-oriented real estate sales. While evaluating the case, the court considers the balance of interests between the parties, the tenant’s right to private life, and the landlord’s right of ownership together. Showing days and hours may be limited in a way that does not violate the tenant’s private life. As Uzunpınar & Tüfek Law Firm, we prevent our clients from suffering any loss of rights by producing both swift and legally compliant solutions throughout this process.

FREQUENTLY ASKED QUESTIONS (FAQ)

1. What is a permission to show the leased property lawsuit?

A permission to show the leased property lawsuit is filed when the tenant prevents the landlord from showing the immovable property to third parties despite the landlord’s intention to sell or re-lease the property. Through this lawsuit, the court is requested to ensure that the tenant allows the property to be shown at reasonable times. The aim is to protect the landlord’s right of ownership.

2. Is the tenant obliged to allow the leased property to be shown?

Yes. According to the Turkish Code of Obligations, the tenant is obliged to tolerate the showing of the immovable property at reasonable times for the purpose of sale or re-leasing. However, this obligation is not unlimited. The showing must not excessively violate the tenant’s private life and right of use.

3. In which cases can the tenant refuse the showing?

The tenant may refuse the showing in the presence of justified reasons such as frequent and arbitrary requests, requests made outside reasonable hours, health or security concerns, or violation of private life. However, obstructions without a justified reason are deemed unlawful and may become the subject of a lawsuit.

4. Before which court is the permission to show the leased property lawsuit filed?

This lawsuit is filed before the Civil Court of Peace at the place where the immovable property is located. The competent court is the court of the location of the leased property. Care must be taken, as filing the lawsuit before an incorrect court may result in procedural dismissal.

5. Is it necessary to send a notice before filing the lawsuit?

Although it is not legally mandatory, in practice it is recommended that the landlord first sends a notice to the tenant via a notary public. The purpose of the showing, as well as the days and hours, should be clearly specified in the notice. This notice constitutes strong evidence in favor of the landlord during the lawsuit.

6. Can the court determine the showing hours?

Yes. The court may explicitly determine on which days and at which hours the leased property may be shown. Generally, certain days of the week and reasonable time intervals are set. In this way, the rights of both the landlord and the tenant are balanced.

7. What happens if the tenant prevents the showing despite the court decision?

If the tenant prevents the showing despite a court decision, this constitutes a violation of the court order. The landlord may request enforcement of the decision through enforcement proceedings, and a justified ground for eviction may also arise. This situation leads to serious legal consequences for the tenant.

8. Is the permission to show the leased property lawsuit an eviction lawsuit?

No. The permission to show the leased property lawsuit does not directly concern eviction. However, the tenant’s bad-faith and persistently obstructive behavior may constitute an important basis in favor of the landlord in potential eviction lawsuits to be filed in the future.

9. Can this lawsuit be filed even if the sale has not yet taken place?

Yes. Even if the sale of the immovable property has not yet been completed, this lawsuit may be filed if there is an intention to sell and the existence of serious potential buyers. The court evaluates whether the intention to sell is genuine and serious based on the circumstances of the specific case.

10. Why is it important to be represented by a lawyer in a permission to show the leased property lawsuit?

This lawsuit involves sensitive balances such as rental law, the right of ownership, and the protection of private life. Incorrect procedure, insufficient evidence, or erroneous claims may lead to dismissal of the case. Conducting the process with an experienced rental law attorney ensures both the swift conclusion of the lawsuit and the effective protection of the landlord’s rights. Uzunpınar & Tüfek International Law Firm provides strong legal support to its clients in this field with its expert team.