RIGHTS OF THE TENANT AND THE NEW OWNER IN CASE OF THE SALE OF A RENTED PROPERTY IN TURKEY

CAN THE NEW HOMEOWNER REQUEST A RENT INCREASE AFTER THE PROPERTY SALE IN TURKEY FOR A RENTED PROPERTY?

When a rented property is sold in Turkey during the lease term, the new owner is bound by the existing lease agreement and does not have the right to unilaterally change its terms. Therefore, the lease agreement made with the previous owner remains valid, and the new owner must comply with the rate of rent increase after the property sale in Turkey specified in the contract.

According to the relevant provisions of the Turkish Code of Obligations, the transfer of a property ownership in Turkey does not terminate the lease relationship. Instead, the new owner assumes the same rights and obligations as the previous owner. Consequently, the new homeowner cannot demand a rent increase after the property sale in Turkey that is contrary to the lease agreement. If the new owner requests an unlawful rent increase, the tenant has the right to object.

However, if the current rent is significantly below market rates or if the lease agreement does not include a provision regarding rent increases, the new owner may file a rent determination lawsuit, provided that the legal conditions are met. In such a case, the court will assess the fair rental value based on comparable rents in the area and the terms of the lease agreement. Apart from this, if the landlord sells the rented property, the new homeowner cannot demand a rent increase after the property sale in Turkey in violation of the lease agreement, nor can they request the tenant’s eviction solely because the rent has not been increased.

UNDER WHAT CONDITIONS CAN THE NEW PROPERTY OWNER HANDLE AN EVICTION CASE AFTER PROPERTY SALE IN TURKEY?

Tenants often worry about whether a new landlord has the authority to evict them when the landlord sells the rented property in Turkey. In fact, a new landlord does not have the right to evict tenants of a property they have purchased in Turkey.

However, under certain conditions, a new landlord can evict a tenant after the property is sold in Turkey when they need the property for their own use. According to the Turkish Code of Obligations, a new owner can file a eviction case in Turkey against the tenant if all of the following conditions are met:

• A person acquiring ownership of a rented property during the lease term in Turkey.

Acquisition can occur through means such as sale or donation, as well as through inheritance, compulsory execution, or court judgment. However, in cases of acquisition through registration, it is necessary for the new owner to have the registration completed for the change of ownership to be effective. This provision can also be applied to cases where properties are acquired through external means without title deeds.

• The new owner has proven the need for the property for themselves, their spouse, their children, or their ancestors’ residential or business needs.

In cases where the new owner, their children, or ancestors need to reside in the rented property due to health reasons or other circumstances, the need for residential property can be considered. The concept of residential property should not be narrowly defined, and instead, the need should be evaluated extensively based on the new owner’s lifestyle, living conditions, and social status.

For the court to accept the need for residential property, it must be genuine and sincere. For example, if the new owner already has another property and has rented it out before filing the lawsuit, the need for residential property may not be considered sincere. The court hearing the eviction case will evaluate all objective and subjective criteria to determine whether the new owner’s need for residential property is genuine and sincere to eviction in Turkey.

In cases where the lessor, their spouse, children, or ancestors practice their profession or art as a tenant in someone else’s property, eviction can be requested if the new owner wants to expand their business, or if they need a porter’s lodge, parking, or storage space for business purposes. Eviction requests will be rejected if the new owner’s need for a business space is not genuine and sincere.

• The new owner can request the evacuation of the rented property due to residential or commercial needs within one month from the date of acquisition by sending a warning letter.

The warning letter must be delivered to the tenant within one month from the date of the landlord sold the property, not just sent. In other words, the tenant must receive the warning within one month after the landlord sells the rented property in Turkey.

The Court of Cassation requires that the warning be delivered to the tenant, not just issued within one month from the date of acquisition. The day of acquisition should also be included when calculating the one-month period. If the warning letter is not delivered to the tenant within one month after landlord sold property in Turkey, the deficiency cannot be corrected later.

• The new owner can file an eviction case after property sale in Turkey in six months.

The new owner can file an eviction case in six months after the purchase date. Lawsuits of eviction filed before the end of this six-month period are rejected. According to the Supreme Court, the timing of filing the lawsuit is not related to the six months following the acquisition date, and the lawsuit can be filed until the end of the contract.

In addition, the new owner can file an eviction case after property sale in Turkey based on the contract between the previous owner and the tenant at the end of the contract. In this case, the person who later acquires the rental property can also use the right to terminate the contract due to necessity and open a lawsuit within one month from the end of the contract period.

The answer to can the new owner evict the tenant in Turkey depends on the filing of an eviction lawsuit by the new owner, which is only possible under the conditions mentioned above. The new owner can not request the tenant’s eviction solely based on the fact that they have recently purchased the property. In order to evict the tenant after property is sold in Turkey, the new owner must base the eviction request on a claim of personal need.

CAN THE NEW OWNER RENT OUT THE PROPERTY TO SOMEONE ELSE AFTER THE EVICTION?

As mentioned above, if the new owner evicts the tenant during the lease term without force majeure after property sale, they cannot rent out the evicted property to someone else for a period of three years. If the new owner violates this provision, they are obliged to pay compensation to the tenant in the amount of not less than the annual rent paid in the last rental year.

The provision that the person who orders the eviction may be sentenced to imprisonment for a period of 6 months to 1 year under the previous regulation was abolished with the Turkish Code of Obligations Article 355.

If the new owner rents out the evicted property to someone else, they are only obliged to pay compensation to the tenant. However, in practice, it is required for the tenant to be evicted by enforcement for this condition to be met. Therefore, it is important to seek the support of a real estate lawyer in Turkey before initiating the legal process.

WHAT ARE THE FOREIGN TENANT RIGHTS WHEN THE PROPERTY IS SOLD IN TURKEY?

Under Turkish law, the legal status of a party in a lease agreement, whether a foreigner or a Turkish citizen, does not alter the legal situation. Therefore, if a foreign tenant’s rented property is sold to another party, the general provisions of the Turkish Code of Obligations apply. Since the rented property is located in Turkey, no separate legal procedure under foreigner law will apply and foreign tenant rights when the property is sold in Turkey will be protected.

According to Article 310 of the Turkish Code of Obligations, the lease agreement passes to the new owner of the property when the landlord sells the rented property in Turkey, regardless of whether the tenant is a foreigner or a Turkish citizen, and the new owner assumes the rights and obligations of the previous owner for the duration of the lease agreement.

However, if the new owner or a close relative needs to use the property, they may file an eviction case after property sale in Turkey under Article 351 of the Turkish Code of Obligations. In this case, the tenant may be asked to vacate the property, with a legal notice period provided. Therefore, the foreign tenant rights when the property is sold in Turkey are same as Turkish tenants, and the sale of the property does not automatically terminate the lease agreement in Turkey.

THE IMPORTANCE OF GETTING LEGAL SUPPORT FROM A LAWYER IN EVICTION CASES IN TURKEY

The eviction case after property sale in Turkey based on need to be filed following the sale of a rented property can be a complex legal and procedural process for both tenants and the new owner when the landlord sells the rented property in Turkey. Therefore, it is crucial to seek legal advice in Turkey to ensure the process is carried out smoothly and that the rights of both parties are protected.

A lawyer specializing in rental law can provide professional support in preparing the eviction lawsuit based on need in Turkey, completing the necessary documents accurately, and effectively managing the judicial process to safeguard the parties’ rights. Additionally, the lawyer can closely follow the legal procedures of the eviction case after property sale in Turkey, inform the client about their legal rights, and offer strategic guidance throughout the process.

By working with a lawyer, the lawsuit process can be conducted in accordance with procedural rules, ensuring the protection of both the tenant’s and the property owner’s legal rights. This is especially important in cases like eviction lawsuits based on need, which are subject to specific conditions under Turkish law, as following the correct procedures helps prevent potential loss of rights.

Eviction case after property sale in Turkey based on need is governed by strict procedural rules, and even a small mistake in the case can lead to the dismissal of the lawsuit, even if you are in the right. Therefore, it is important to work with an experienced and specialized rental law attorney in Turkey. Additionally, before seeking lawyer support, conducting research on the matter and considering costs before making a decision is crucial.

In conclusion, in cases when the landlord sells the rented property in Turkey, an eviction case based on need is a complex legal matter, and obtaining lawyer support is highly beneficial for both landlords and tenants.