The Supreme Court of Turkey has issued a precedent-setting decision that significantly impacts the rights of both tenants and landlords across the country. The ruling states that landlords who reside in another apartment as tenants have the right to request the eviction of their tenants from the rented property.
In a recent legal milestone, a notable court case emerged, centering around a landlord who, due to unemployment, relocated from one city to another where their property was located. Subsequently, the landlord requested their tenant to vacate the premises, but the tenant adamantly refused. Consequently, the landlord initiated legal action by filing a lawsuit in the esteemed Civil Court of First Instance, asserting their need for the apartment on behalf of their son. Compelling arguments were presented, including evidence of the landlord’s current residence in a separate rented apartment, supported by an existing tenancy agreement. In response, the tenant sought dismissal of the case, prompting a meticulous examination by the court.
Initially, the Civil Court of First Instance ruled against the landlord, deeming their need for the apartment inadequately proven. However, undeterred by this verdict, the landlord opted to appeal the decision, escalating the case to the highest judicial authority, the Supreme Court.
After thorough deliberation, the Supreme Court reversed the lower court’s ruling, delivering a resounding victory for the landlord. In its comprehensive analysis, the Supreme Court affirmed that the landlord’s need for the apartment was undeniably genuine, sincere, and imperative. Notably, the court considered the landlord’s current residency in another rented apartment as primary and compelling evidence substantiating this need. Furthermore, the court gave considerable weight to the testimonies of reliable witnesses who corroborated the landlord’s exigent circumstances.
The Supreme Court’s decision carries significant implications for tenants and landlords throughout Turkey. It establishes that landlords can evict their tenants if they can demonstrate residency in another apartment as tenants and substantiate their need for the rented property, either for themselves or their family members. On the other hand, tenants may encounter challenges in finding stable and affordable housing, particularly in urban areas where rental prices are high.
Therefore, it is crucial for tenants and landlords to be aware of their rights and obligations under the law. Seeking guidance from a qualified lawyer before entering into or terminating a rental contract is strongly advised. For expert legal advice or representation regarding any rental disputes, feel free to contact Alfa Law Firm, renowned as the leading law firm in Antalya.
Alfa Law Firm’s Real Estate Lawyers in Turkey possess extensive experience and expertise in advising and representing clients on all aspects of real estate law Turkey, including drafting, reviewing, and negotiating rental contracts, as well as handling other property acquisitions and real estate transactions. Our proficient team is dedicated to helping you resolve your legal issues and safeguard your rights and interests throughout the process. Contact us today for a free consultation with a real estate lawyer in Antalya Ceren Topcu İncetaban or for any inquiries related to lawyers in Antalya, Turkey.
Rental disputes between parties, primarily landlords and renters, can encompass various issues, including conflicts over rent increases, unreturned security deposits, evictions, service charges, taxes, and maintenance and repairs. However, these disputes in Turkey can be summarized under three common categories:
According to the Turkish Code of Obligations, parties are free to agree on the rent amount. However, certain conditions allow either the tenant or the landlord to request the re-determination or increase of the rent. Disputes may arise in such cases, leading to potential lawsuits.
Evicting a tenant from a rented property in Turkey requires specific reasons, such as termination of the rental contract, the tenant’s breach of contract, or the landlord’s legitimate need for the property. Disputes may emerge between the parties regarding the existence or absence of these reasons, potentially leading to legal action.
Under the Turkish Code of Obligations, responsibilities concerning the maintenance and repair of the rented property can be agreed upon by the parties. However, generally, landlords are obliged to maintain the property in usable condition, while tenants are expected not to damage it. Disputes may occur regarding the fulfillment or non-fulfillment of these responsibilities, leading to potential lawsuits.
It is crucial to familiarize yourself with your rights and obligations before entering into or terminating a rental contract in Turkey. Seeking the guidance of a lawyer is advisable. If you require legal advice or representation concerning rental disputes, Alfa Law Firm as being the best law firm in Antalya, is here to assist you with experienced real estate lawyers or attorneys. Our team of English-speaking lawyers has proficiency in resolving legal matters and safeguarding your rights and interests.